Explanatory note

These Regulations are made under Chapter 5ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (right of trade unions to access workplaces). They form part of the package of legislation that provides for access agreements between trade unions and employers, which enable trade union officials to physically enter workplaces and also to communicate with workers by other means. Communication with workers includes the provision of information to workers and can be by any means, whether directly or indirectly.

Regulations 3 and 4 set out the requirements for trade union access requests and employer response notices. They set out the form of both access requests and response notices and the information that must be included. This includes a requirement on the trade union making the access request to provide information as to the nature of the access requested, such as the type of access it is requesting and a description of the details of that access which might be, for example, provision of a room at the workplace once a week, and the reasons for requesting that access (regulation 3(3)(f)(i) to (iv)). They also specify how access requests and response notices should be given.

Regulation 5 sets out the procedure for notifying the Central Arbitration Committee of an access agreement that has been made.

Regulation 6 deals with the procedure to be followed when the parties to an access agreement wish to notify the Central Arbitration Committee of a variation to, or a revocation of, the agreement.

Regulation 7 provides for a review of these Regulations in line with the requirements of section 28 of the Small Business, Enterprise and Employment Act 2015 (c. 26).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis assessment has been produced and is available at www.gov.uk. Printed copies can be obtained from the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.