OpenLegislation

Paragraph 35 I1I2

United Kingdom

(1)

The Secretary of State may by regulations amend Part 1 of this Schedule in order to—

(a)

add an enactment to the list of legislation in that Part, or

(b)

vary a reference to an enactment in that list.

(2)

Regulations under this paragraph may add an enactment only if it relates to—

(a)

rights or entitlements conferred on employees or workers;

(b)

the treatment of employees or workers;

(c)

requirements, restrictions or prohibitions imposed on employers;

(d)

trade unions, employers’ associations, industrial action or labour relations.

(3)

Regulations under this paragraph may not add an enactment that deals with a transferred matter, or vary a reference to such an enactment, without the consent of the appropriate Northern Ireland department.

(4)

For the purposes of sub-paragraph (3)—

  • “the appropriate Northern Ireland department”, in relation to an enactment that deals with a transferred matter, means the Northern Ireland department which has responsibility for that matter;

  • “deals with” is to be read in accordance with section 98(2) and (3) of the Northern Ireland Act 1998;

  • “transferred matter” has the meaning given by section 4(1) of that Act.

(5)

Regulations under this paragraph may amend any of the following provisions in consequence of an amendment of Part 1 of this Schedule—

(a)

section 91 (enforcement functions of Secretary of State);

(b)

section 92 (delegation of functions);

(c)

section 103 (power to give notice of underpayment);

(d)

section 150 (meaning of “non-compliance with relevant labour market legislation”).

(6)

Regulations under this paragraph that add an enactment which—

(a)

confers a right or entitlement to the payment of any sum to an individual, or

(b)

prohibits or restricts the withholding of payment of any sum to an individual,

may provide that a notice of underpayment relating to sums due under or by virtue of the enactment may relate to sums becoming due before the coming into force of the regulations.

(7)

Regulations under this paragraph are subject to the affirmative resolution procedure.

Annotations

Commencement

I1

Sch. 7 para. 35 not in force at Royal Assent, see s. 159(3)

I2

Sch. 7 para. 35 in force at 6.1.2026 by S.I. 2026/3, reg. 2(38)