# The Trade Union Reform and Employment Rights Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993

S.I. 1993/2503 · made 15 October 1993

This Order brings into force provisions of the Trade Union Reform and Employment Rights Act 1993 as follows—the provisions specified in Schedule 1 to the Order, which relate to the making of regulations concerning the rules of procedure before the Employment Appeal Tribunal and industrial tribunals, are to come into force forthwith,the provisions specified in Schedule 2 to the Order are to come into force on 30th November 1993, andthe provisions specified in Schedule 3 to the Order are to come into force in relation to England and Scotland on 1st April 1994 and for all other purposes, on 1st April 1995.

Made under: Trade Union Reform and Employment Rights Act 1993 (Section 52, Schedule 9 paragraph 1)

## Introductory text

TRADE UNIONS
TERMS AND CONDITIONS OF EMPLOYMENT
Made 15th October 1993
The Secretary of State, in exercise of the powers conferred on him by section 52 of, and paragraph 1 of Schedule 9 to, the Trade Union Reform and Employment Rights Act 1993, hereby makes the following Order:—

## 1 Citation and interpretation

(1) This Order may be cited as the Trade Union Reform and Employment Rights Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993.
(2) In this Order—
(i) “the 1978 Act” means the Employment Protection (Consolidation) Act 1978, and
(ii) “the 1993 Act” means the Trade Union Reform and Employment Rights Act 1993.

## 2 Commencement

(1) The provisions of the 1993 Act which are specified in Schedule 1 to this Order shall come into force forthwith.
(2) The provisions of the 1993 Act which are specified in Schedule 2 to this Order shall come into force on 30th November 1993.
(3) The provisions of the 1993 Act which are specified in Schedule 3 to this Order shall come into force:—
(a) in relation to England and Scotland, on 1st April 1994, and
(b) for all other purposes, on 1st April 1995.

## 3 Transitional provisions

The amendments of the 1978 Act made by section 36 of the 1993 Act (constitution of industrial tribunals) shall only apply in relation to cases in which the date of the hearing of the originating application is first fixed on or after 30th November 1993.

## Signature

Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
15th October 1993

## Schedule 1 Provisions coming into force forthwith

Provision
Subject matter of Provision
Section 49(1), so far as it relates to the amendments effected by Schedule 7 specified below
Miscellaneous amendments
Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below
Consequential amendments
Section 51, so far as it relates to the repeal specified in relation to Schedule 10 below
Repeals
In Schedule 7, paragraph 7
Miscellaneous amendments
In Schedule 8, paragraphs 28(b) and (c) and 30
Consequential amendments
In Schedule 10, the repeal in paragraph 1A(2)(a) of Schedule 9 to the 1978 Act of the words “person or”
Repeals

## Schedule 2 Provisions coming into force on 30th November 1993

Provision
Subject matter of Provision
Section 26
Right to employment particulars
Section 27
Entitlement to itemised pay statement
Section 32
Right to declaration of invalidity of discriminatory terms and rules
Section 36, so far as it is not already in force
Constitution of industrial tribunals
Section 37
Constitution of Employment Appeal Tribunal
Section 42
Restriction of vexatious proceedings
Section 45, so far as it relates to the provisions to be substituted as section 10(7) of the Employment and Training Act 1973
Careers services
Section 49(1), so far as it is not already in force, except as provided in relation to Schedule 7 below
Miscellaneous amendments
Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below
Consequential amendments
Section 50, so far as it is not already in force
Transitional provisions and savings
Section 51, so far as it relates to the repeals specified in relation to Schedule 10 in the table below
Repeals
Schedule 4
Provisions substituted for sections 1 to 6 of the 1978 Act
Schedule 7, so far as it is not already in force, except to the extent that paragraphs 3(b), 5 and 6(b) relate to section 60 of the 1978 Act
Miscellaneous amendments
In Schedule 8, paragraphs 10, 22, 23, 25(b), and 85
Consequential amendments
Schedule 9, so far as it is not already in force
Transitional provisions and savings
In Schedule 10, the repeals specified in the table below
Repeals
TABLE
Chapter or number
Short title
Extent of repeal
1978 c. 44
Employment Protection (Consolidation) Act 1978
Section 11(3) and (7).
In section 128(4) the words “paragraph 1 of”.
In section 133(1)(c) the words “or claims”.
In section 138, in subsection (1) the words “(so far as it relates to itemised pay statements)” and in subsection (2) the words “, subject to subsections (3) to (5),”, so far as they relate to subsections (4) and (5).
In section 139(1), the words “(so far as it relates to itemised pay statements)”.
In section 146(4) the words “1, 4,”.
In Schedule 9, paragraph 8.
1982 c. 41
Employment Act 1982
In Schedule 2, paragraphs 8(1) to (4) and 5(a).
1989 c. 13
Dock Work Act 1989
Section 6(2)
1989 c. 38
Employment Act 1989
Section 13
In Schedule 6, paragraph 18.
1992 c. 52
Trade Union and Labour Relations (Consolidation) Act 1992
In section 277(2) the words “under those sections”.
In Schedule 2, paragraph 24(3).

## Schedule 3 

Provisions coming into force—
(a) in relation to England and Scotland on 1st April 1994, and
(b) for all other purposes, on 1st April 1995
Provision
Subject matter of Provision
Section 45, so far as it is not already in force
Careers services
Section 46
Careers services, ancillary services
Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below
Consequential amendments
Section 51, so far as it relates to the repeals specified in relation to Schedule 10 in the table below
Repeals
In Schedule 8, paragraphs 1, 3, 4, 5, 8, 9, 33 and 34
Consequential amendments
In Schedule 10, the repeals specified in the table below
Repeals
TABLE
Chapter
Short Title
Extent of Repeal
1969 c. 32
Finance Act
In section 58(4) in the Table, the entries relating to a local education authority in England and Wales and an education authority in Scotland.
1970 c. 44
Chronically Sick and Disabled Persons Act 1970
Section 13(1)
1973 c. 50
Employment and Training Act 1973
In section 4(3)(e)(ii), the words “a local education authority,”.
In section 4(5)(d), the words “a local education authority or” and “by section 8 of this Act or, as the case may be,”.
1980 c. 44
Education (Scotland) Act 1980
Section 126 to 128.
1982 c. 9
Agricultural Training Board Act 1982
In section 4(1)(f), the words “or 8”.
1982 c. 10
Industrial Training Act 1982
In section 5(3)(e), the words “or 8”.

## Explanatory note

(This note is not part of the Order)
This Order brings into force provisions of the Trade Union Reform and Employment Rights Act 1993 as follows—
(a) the provisions specified in Schedule 1 to the Order, which relate to the making of regulations concerning the rules of procedure before the Employment Appeal Tribunal and industrial tribunals, are to come into force forthwith,
(b) the provisions specified in Schedule 2 to the Order are to come into force on 30th November 1993, and
(c) the provisions specified in Schedule 3 to the Order are to come into force in relation to England and Scotland on 1st April 1994 and for all other purposes, on 1st April 1995.
Section 26 of and Schedule 4 to the 1993 Act (brought into force by Schedule 2 to this Order) implement Council Directive 91/533/EEC (OJL 288 18/10/91 Page 32).

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Source: https://www.legislation.gov.uk/uksi/1993/2503 (the official version)
Page: https://openlegislation.uk/trade-union-reform-and-employment-rights-act-1993-commencement-no-2-and-transitional-provisions-order-1993
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

