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The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2013

S.I. 2013/1956 · Made 2 August 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Terms And Conditions Of Employment

Made 2nd August 2013

Laid before Parliament 6th August 2013

Coming into force 30th August 2013

The Secretary of State makes the following Order in exercise of the powers conferred by section 99(1) and (2) of the Enterprise and Regulatory Reform Act 2013f1.

Annotations to the whole text

Footnotes

f1

2013 c.24.

Contents

  1. 1Citation and commencement
  2. 2Consequential amendments
  3. Signature
  4. Schedule: Consequential Amendments
  5. 1Employment Protection (Continuity of Employment) Regulations 1996
  6. 2Working Time Regulations 1998
  7. 3Transnational Information and Consultation of Employees Regulations 1999
  8. 4Merchant Shipping (Working Time: Inland Waterways) Regulations 2003
  9. 5ACAS Arbitration Scheme (Great Britain) Order 2004
  10. 6Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004
  11. 7Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
  12. 8ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004
  13. 9Information and Consultation of Employees Regulations 2004
  14. 10Compromise Agreements (Description of Person) Order 2004
  15. 11Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
  16. 12European Cooperative Society (Involvement of Employees) Regulations 2006
  17. 13Companies (Cross-Border Mergers) Regulations 2007
  18. 14Cross-Border Railway Services (Working Time) Regulations 2008
  19. 15European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009
  20. 16Compromise Agreement (Automatic Enrolment) (Description of Person) Order 2012
  21. 17Equality Act 2010 (Qualifying Compromise Contract Specified Person) Order 2012
  22. Explanatory note

1Citation and commencement

This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2013 and comes into force on 30th August 2013.

2Consequential amendments

The amendments in the Schedule to this Order have effect.

Signature

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

2nd August 2013

1Employment Protection (Continuity of Employment) Regulations 1996

In regulation 2 (application) of the Employment Protection (Continuity of Employment) Regulations 1996f1, in paragraph (d) for “compromise contract” substitute “settlement agreement”.

2Working Time Regulations 1998

In regulation 35 (restrictions on contracting out) of the Working Time Regulations 1998f1, in paragraphs (2) and (3) for “compromise” (in each place where that word occurs) substitute “settlement”.

3Transnational Information and Consultation of Employees Regulations 1999

In regulation 41 (restrictions on contracting out) of the Transnational Information and Consultation of Employees Regulations 1999f1—

(a)

in paragraphs (3) and (4) for “compromise” substitute “settlement”;

(b)

after paragraph (8) insert—

“(9)

In the application of this regulation in relation to Northern Ireland, paragraphs (3) and (4) above shall have effect as if for “settlement agreements” there were substituted “compromise agreements.”.

4Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

In regulation 19 (restriction on contracting out) of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003f1, in paragraphs (2) and (3) for “compromise” (in each place where that word occurs) substitute “settlement”.

5ACAS Arbitration Scheme (Great Britain) Order 2004

In the Schedule (ACAS arbitration scheme) to the ACAS Arbitration Scheme (Great Britain) Order 2004f1, in paragraph 26(iv)(b) for “compromise” substitute “settlement”.

6Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004

In regulation 20 (restriction on contracting out) of the Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004f1—

(a)

in paragraphs (2) and (3) for “compromise” (in each place where that word occurs) substitute “settlement”;

(b)

after paragraph (7) insert—

“(8)

In the application of this regulation in relation to Northern Ireland, paragraphs (2) and (3) above shall have effect as if for “settlement agreements” (in each place where those words occur) there were substituted “compromise agreements.”.

7Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

In the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004f1—

(a)

in regulation 2 (interpretation), for “compromise” substitute “settlement”;

(b)

in Schedule 1 (the employment tribunals rules of procedure), in paragraph 8(6) for “compromise” substitute “settlement”.

8ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004

In the Schedule (ACAS (flexible working) arbitration scheme) to the ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004f1, in paragraph 26(iv)(b) for “compromise” substitute “settlement”.

9Information and Consultation of Employees Regulations 2004

In regulation 40 (restrictions on contracting out) of the Information and Consultation of Employees Regulations 2004f1, in paragraphs (3) and (4) for “compromise” substitute “settlement”.

10Compromise Agreements (Description of Person) Order 2004

In the Compromise Agreements (Description of Person) Order 2004f1—

(a)

in the title of the Order, for “Compromise” substitute “Settlement”;

(b)

in article 1 (citation, commencement and interpretation), for “Compromise” substitute “Settlement”.

11Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

In the Schedule (employment rights and protections in connection with consultation) to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006f1, in paragraphs 12(3) and 13(1) for “compromise” substitute “settlement”.

12European Cooperative Society (Involvement of Employees) Regulations 2006

In regulation 41 (restrictions on contracting out) of the European Cooperative Society (Involvement of Employees) Regulations 2006f1—

(a)

in paragraphs (3) and (4) for “compromise” substitute “settlement”;

(b)

after paragraph (9) insert—

“(10)

In the application of this regulation in relation to Northern Ireland, paragraphs (3) and (4) above shall have effect as is for “settlement agreements” there were substituted “compromise agreements.”.

13Companies (Cross-Border Mergers) Regulations 2007

In regulation 62 (restrictions on contracting out) of the Companies (Cross-Border Mergers) Regulations 2007f1—

(a)

in paragraphs (3) and (4) for “compromise” substitute “settlement”;

(b)

after paragraph (9) insert—

“(10)

In the application of this regulation in relation to Northern Ireland, paragraphs (3) and (4) above shall have effect as if for “settlement agreements” there were substituted “compromise agreements.”.

14Cross-Border Railway Services (Working Time) Regulations 2008

In regulation 18 (restrictions on contracting out) of the Cross-Border Railway Services (Working Time) Regulations 2008f1, in paragraphs (2) and (3) for “compromise” (in each place where that word occurs) substitute “settlement”.

15European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

In regulation 39 (restrictions on contracting out) of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009f1, in paragraphs (3) and (4) for “compromise” substitute “settlement”.

16Compromise Agreement (Automatic Enrolment) (Description of Person) Order 2012

In the Compromise Agreement (Automatic Enrolment) (Description of Person) Order 2012f1—

(a)

in title of the Order, for “Compromise” substitute “Settlement”;

(b)

in article 1 (citation, commencement and interpretation), for “Compromise” substitute “Settlement”.

17Equality Act 2010 (Qualifying Compromise Contract Specified Person) Order 2012

In the Equality Act 2010 (Qualifying Compromise Contract Specified Person) Order 2010f1—

(a)

in title of the Order, for “Compromise” substitute “Settlement”;

(b)

in article 1 (citation and commencement), for “Compromise Contract” substitute “Settlement Agreement”.

Explanatory note

(This note is not part of the Order)

This Order makes amendments to secondary legislation in consequence of section 23 of the Enterprise and Regulatory Reform Act 2013 (c. 24) (“the Act”). The amendments reflect the renaming of “compromise agreements” and “compromise contracts” as “settlement agreements” and “settlement contracts” by section 23 of the Act. In relation to those instruments which apply to the United Kingdom, the amendments provide that the terms “compromise agreement” and “compromise contract” will continue to apply in relation to Northern Ireland. The amendments are set out in the Schedule to the Order and come into force on 30th August 2013.

A separate Impact Assessment has not been prepared for this Order because it is part of a package of legislative and non-legislative measures relating to the implementation of the Enterprise and Regulatory Reform Act 2013. Please refer to the Resolving Workplace Disputes Impact Assessment published in November 2011 for further details. A copy can be obtained from the Department for Business, 1 Victoria Street, London SW1H 0ET.