# The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 S.I. 2014/386 · made 18 February 2014 This Order makes amendments to secondary legislation in consequence of sections 7 and 8 of the Enterprise and Regulatory Reform Act 2013 (c. 24), which introduce a process of early conciliation in employment disputes. The Schedule to this Order makes consequential amendments to limitation periods set out in secondary legislation and makes consequential amendments to cross references to section 18 of the Employment Tribunals Act 1996 (c. 16) which appear in other pieces of legislation. Made under: Enterprise and Regulatory Reform Act 2013 (Section 99) PDFs: Printed copy https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013-consequential-amendments-employment-order-2014/pdf/uksi_20140386_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013-consequential-amendments-employment-order-2014/pdf/uksiem_20140386_en.pdf ## Introductory text Terms And Conditions Of Employment Made 18th February 2014 Laid before Parliament 25th February 2014 Coming into force 6th April 2014 The Secretary of State, in exercise of the powers conferred by section 99(1) and (2) of the Enterprise and Regulatory Reform Act 2013, makes the following Order. ## 1 Citation and commencement This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 and comes into force on 6th April 2014. ## 2 Consequential amendments The amendments in the Schedule to this Order have effect. ## Signature Jenny Willott Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs Department for Business, Innovation and Skills 18th February 2014 ## Schedule: Consequential Amendments ## 1 Employment Protection (Continuity of Employment) Regulations 1996 In regulation 2 of the Employment Protection (Continuity of Employment) Regulations 1996, in paragraph (c), for “section 18” substitute “any of sections 18A to 18C”. ## 2 Working Time Regulations 1998 The Working Time Regulations 1998 are amended as follows. ## 3 Working Time Regulations 1998 In regulation 30(2) for “article 30A” substitute “regulations 30A and 30B”. ## 4 Working Time Regulations 1998 After regulation 30A, insert— “Extension of time limit to facilitate conciliation before institution of proceedings 30B. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 30(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 30(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 30(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 5 Working Time Regulations 1998 In regulation 35, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”. ## 6 Transnational Information and Consultation of Employees Regulations 1999 The Transnational Information and Consultation of Employees Regulations 1999 are amended as follows. ## 7 Transnational Information and Consultation of Employees Regulations 1999 In regulation 27 after paragraph (2) insert— “(2A) Regulation 27A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 8 Transnational Information and Consultation of Employees Regulations 1999 After regulation 27 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 27A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 27(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 27(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 27(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 9 Transnational Information and Consultation of Employees Regulations 1999 In regulation 41, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”. ## 10 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 is amended as follows. ## 11 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 In regulation 8 after paragraph (2) insert— “(2A) Regulation 8A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 12 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 After regulation 8 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 8A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 8(2) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 8(2) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 8(3) to extend the time limit set by paragraph (2) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 13 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 are amended as follows. ## 14 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 In regulation 7 after paragraph (2) insert— “(2A) Regulation 7A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 15 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 After regulation 7 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 7A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 7(2) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 7(2) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 7(3) to extend the time limit set by paragraph (2) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 16 Merchant Shipping (Hours of Work) Regulations 2002 The Merchant Shipping (Hours of Work) Regulations 2002 are amended as follows. ## 17 Merchant Shipping (Hours of Work) Regulations 2002 In regulation 3A, in paragraph (c)(ii), for “section 18” substitute “any of sections 18A to 18C”. ## 18 Merchant Shipping (Hours of Work) Regulations 2002 In regulation 23, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”. ## 19 Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 In regulation 34 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002, in paragraph (1)(c), for “section 18” substitute “any of sections 18A to 18C”. ## 20 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 The Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 are amended as follows. ## 21 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 In regulation 4, in paragraph (c), for “section 18” substitute “any of sections 18A to 18C”. ## 22 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 In regulation 18 after paragraph (2) insert— “(2A) Regulation 18A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 23 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 After regulation 18 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 18A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 18(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 18(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 18(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 24 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 In regulation 19, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”. ## 25 ACAS Arbitration Scheme (Great Britain) Order 2004 In the Schedule (ACAS arbitration scheme) to the ACAS Arbitration Scheme (Great Britain) Order 2004, in paragraph 26(iv)(a), for “section 18” substitute “any of sections 18A to 18C”. ## 26 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 are amended as follows. ## 27 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 In regulation 4, in paragraph (e), for “section 18” substitute “any of sections 18A to 18C”. ## 28 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 In regulation 19 after paragraph (2) insert— “(2A) Regulation 19A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 29 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 After regulation 19 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 19A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 19(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 19(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 19(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 30 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 In regulation 20, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”. ## 31 ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004 In the Schedule to the ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004, in paragraph 26(iv)(a), for “section 18” substitute “any of sections 18A to 18C”. ## 32 Information and Consultation of Employees Regulations 2004 The Information and Consultation of Employees Regulations 2004 are amended as follows. ## 33 Information and Consultation of Employees Regulations 2004 In regulation 29 after paragraph (2) insert— “(2A) Regulation 29A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 34 Information and Consultation of Employees Regulations 2004 After regulation 29 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 29A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 29(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 29(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 29(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 35 Information and Consultation of Employees Regulations 2004 In regulation 40 in paragraph (2), for “section 18” substitute “any of sections 18A to 18C”. ## 36 Transfer of Undertakings (Protection of Employment) Regulations 2006 The Transfer of Undertakings (Protection of Employment) Regulations 2006 are amended as follows. ## 37 Transfer of Undertakings (Protection of Employment) Regulations 2006 In regulation 12, in paragraph (7), for “Section 18” substitute “Sections 18A to 18C”. ## 38 Transfer of Undertakings (Protection of Employment) Regulations 2006 In regulation 16, in paragraph (1), for “section 18” substitute “sections 18A to 18C”. ## 39 Transfer of Undertakings (Protection of Employment) Regulations 2006 In Schedule 1— (a) in paragraph 10(3)(a) for “section 18” substitute “Sections 18A to 18C”; (b) in paragraph 10(4)(a) for “Section 18” substitute “sections 18A to 18C”. ## 40 Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 The Schedule to the Occupation and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 is amended as follows. ## 41 Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 In paragraph 4 after sub-paragraph (2) insert— “(2A) Paragraph 4A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (2).”. ## 42 Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 After paragraph 4 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 4A. (1) In this paragraph— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by paragraph 4(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by paragraph 4(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by paragraph 4(2)(b) to extend the time limit set by paragraph 4(2)(a) is exercisable in relation to that time limit as extended by this regulation.”. ## 43 Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 In paragraph 12, in sub-paragraph (2), for “section 18” substitute “any of sections 18A to 18C”. ## 44 European Cooperative Society (Involvement of Employees) Regulations 2006 The European Cooperative Society (Involvement of Employees) Regulations 2006 are amended as follows. ## 45 European Cooperative Society (Involvement of Employees) Regulations 2006 In regulation 30 after paragraph (2) insert— “(2A) Regulation 30A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 46 European Cooperative Society (Involvement of Employees) Regulations 2006 After regulation 30 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 30A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 30(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 30(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 30(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 47 European Cooperative Society (Involvement of Employees) Regulations 2006 In regulation 41, in paragraph (2) for “section 18” substitute “any of sections 18A to 18C”. ## 48 Companies (Cross-Border Mergers) Regulations 2007 The Companies (Cross-Border Mergers) Regulations 2007 are amended as follows. ## 49 Companies (Cross-Border Mergers) Regulations 2007 In regulation 45 after paragraph (2) insert— “(2A) Regulation 45A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 50 Companies (Cross-Border Mergers) Regulations 2007 After regulation 45 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 45A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 45(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 45(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 45(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 51 Companies (Cross-Border Mergers) Regulations 2007 In regulation 62, in paragraph (2), for “section 18” substitute “any of sections 18A to 18C”. ## 52 Companies (Cross-Border Mergers) Regulations 2007 In Schedule 2, in paragraph 18, omit sub-paragraph (2) and insert— “(2) Regulation 62(2) shall have effect as is for the reference to any of sections 18A to 18C of the Employment Tribunals Act 1996 there were a reference to article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996. (2A) Regulation 62(3) shall have effect as is for the reference to section 18(1) of the Employment Tribunals Act 1996 there were a reference to article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996.”. ## 53 Cross-border Railway Services (Working Time) Regulations 2008 The Cross-border Railway Services (Working Time) Regulations 2008 are amended as follows. ## 54 Cross-border Railway Services (Working Time) Regulations 2008 In regulation 17 after paragraph (2) insert— “(2A) Regulation 17A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 55 Cross-border Railway Services (Working Time) Regulations 2008 After regulation 17 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 17A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 17(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 17(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 17(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 56 Cross-border Railway Services (Working Time) Regulations 2008 In regulation 18 (restrictions on contracting out), in paragraph (2)(a) for “section 18” substitute “any of sections 18A to 18C”. ## 57 European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 are amended as follows. ## 58 European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 In regulation 28 after paragraph (2) insert— “(2A) Regulation 28A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 59 European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 After regulation 28 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 28A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 28(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 28(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 28(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 60 European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 In regulation 39 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009, in paragraph (2), for “section 18” substitute “any of sections 18A to 18C”. ## 61 Agency Workers Regulations 2010 The Agency Workers Regulations 2010 are amended as follows. ## 62 Agency Workers Regulations 2010 In regulation 18 after paragraph (4) insert— “(4A) Regulation 18A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (4).”. ## 63 Agency Workers Regulations 2010 After regulation 18 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 18A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 18(4) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 18(4) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 18(5) to extend the time limit set by paragraph (4) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 64 Employment Relations Act 1999 (Blacklists) Regulations 2010 The Employment Relations Act 1999 (Blacklists) Regulations 2010 are amended as follows. ## 65 Employment Relations Act 1999 (Blacklists) Regulations 2010 In regulations 7 and 10 after paragraph (1) insert— “(1A) Regulation 18 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1).”. ## 66 Employment Relations Act 1999 (Blacklists) Regulations 2010 After regulation 17 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 18. (1) This regulation applies where these Regulations provide for it to apply for the purposes of a provision of these Regulations (“a relevant provision”). (2) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when the time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If the time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) Where an employment tribunal has power under these Regulations to extend the time limit set by a relevant provision, the power is exercisable in relation to that time limit as extended by this regulation.”. ## 67 Additional Statutory Paternity Pay (General) Regulations 2010 In regulation 26 of the Additional Statutory Paternity Pay (General) Regulations 2010, in paragraph (c), for “section 18” substitute “any of sections 18A to 18C”. ## Explanatory note (This note is not part of the Order) This Order makes amendments to secondary legislation in consequence of sections 7 and 8 of the Enterprise and Regulatory Reform Act 2013 (c. 24), which introduce a process of early conciliation in employment disputes. The Schedule to this Order makes consequential amendments to limitation periods set out in secondary legislation and makes consequential amendments to cross references to section 18 of the Employment Tribunals Act 1996 (c. 16) which appear in other pieces of legislation. A regulatory impact assessment on the introduction of early conciliation is available and a copy can be obtained from the Department for Business Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H OET. Copies have also been placed in the libraries of both Houses of Parliament. --- Source: https://www.legislation.gov.uk/uksi/2014/386 (the official version) Page: https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013-consequential-amendments-employment-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.