# Employment Rights Act 2025, Section 88: Regulations subject to affirmative resolution procedure

Extent: E+W+S

In section 293 of the Trade Union and Labour Relations (Consolidation) Act 1992 (regulations), for subsection (3) substitute—
“(3) Regulations under this section are to be made by statutory instrument.
(4) A statutory instrument containing regulations to which subsection (5) applies (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.
(5) This subsection applies to regulations prescribing anything for the purposes of—
(a) section 70ZC (access agreements: response period and negotiation period);
(b) section 70ZE (access agreements: period to make application to Central Arbitration Committee);
(c) section 70ZF (access agreements: determinations by Central Arbitration Committee);
(d) section 70ZJ (enforcement of access agreements: amounts payable for breach);
(e) section 236A (detriment for taking industrial action).
(6) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

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Source: https://www.legislation.gov.uk/ukpga/2025/36/section/88 (the official version)
Page: https://openlegislation.uk/employment-rights-act-2025/section-88
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

