|
| |
|
(b) | a contravention in relation to pay of section 39(2), 49(6) or 50(6), |
| |
so far as relating to sex discrimination. |
| |
(3) | An equal pay audit is an audit designed to identify action to be taken |
| |
to avoid equal pay breaches occurring or continuing. |
| |
(4) | The regulations may make further provision about equal pay audits, |
| 5 |
including provision about— |
| |
(a) | the content of an audit; |
| |
(b) | the powers and duties of a tribunal for deciding whether its |
| |
order has been complied with; |
| |
(c) | any circumstances in which an audit may be required to be |
| 10 |
published or may be disclosed to any person. |
| |
(5) | The regulations must provide for an equal pay audit not to be ordered |
| |
where the tribunal considers that— |
| |
(a) | an audit completed by the respondent in the previous 3 years |
| |
meets requirements prescribed for this purpose, |
| 15 |
(b) | it is clear without an audit whether any action is required to |
| |
avoid equal pay breaches occurring or continuing, |
| |
(c) | the breach the tribunal has found gives no reason to think that |
| |
there may be other breaches, or |
| |
(d) | the disadvantages of an equal pay audit would outweigh its |
| 20 |
| |
(6) | The regulations may provide for an employment tribunal to have |
| |
power, where a person fails to comply with an order to carry out an |
| |
equal pay audit, to order that person to pay a penalty to the Secretary |
| |
of State of not more than an amount specified in the regulations. |
| 25 |
(7) | The regulations may provide for that power— |
| |
(a) | to be exercisable in prescribed circumstances; |
| |
(b) | to be exercisable more than once, if the failure to comply |
| |
| |
(8) | The first regulations made by virtue of subsection (6) must not specify |
| 30 |
an amount of more than £5,000. |
| |
(9) | Sums received by the Secretary of State under the regulations must be |
| |
paid into the Consolidated Fund. |
| |
(10) | The first regulations under this section must specify an exemption |
| |
period during which the requirement to order an equal pay audit does |
| 35 |
not apply in the case of a business that— |
| |
(a) | had fewer than 10 employees immediately before a specified |
| |
| |
(b) | was begun as a new business in a specified period. |
| |
(11) | For the purposes of subsection (10)— |
| 40 |
(a) | “specified” means specified in the regulations, and |
| |
(b) | the number of employees a business had or the time when a |
| |
business was begun as a new business is to be determined in |
| |
accordance with the regulations. |
| |
|
| |
|
| |
|
(12) | Before making regulations under this section, a Minister of the Crown |
| |
must consult any other Minister of the Crown with responsibility for |
| |
| |
(3) | In section 207(6) (exercise of power to make subordinate legislation: power to |
| |
amend enactments) after “37,” and after “in the case of section” insert “139A,”. |
| 5 |
(4) | In section 208(5) (subordinate legislation by Ministers of the Crown etc: |
| |
affirmative procedure) after paragraph (e) insert— |
| |
“(ea) | regulations under section 139A (equal pay audits);”. |
| |
| |
79 | Consequential amendments, repeals and revocations |
| 10 |
(1) | The Secretary of State may by order made by statutory instrument make such |
| |
provision as the Secretary of State considers appropriate in consequence of this |
| |
| |
(2) | The power conferred by subsection (1) includes power— |
| |
(a) | to make transitional, transitory or saving provision; |
| 15 |
(b) | to amend, repeal, revoke or otherwise modify any provision made by |
| |
or under an enactment (including any enactment passed or made in the |
| |
same Session as this Act). |
| |
(3) | An order under subsection (1) which makes provision for the transfer of a |
| |
function from the Competition Commission or the Office of Fair Trading to the |
| 20 |
Competition and Markets Authority in consequence of Part 3 of this Act may |
| |
make such modifications to the function as the Secretary of State considers |
| |
appropriate in consequence of the transfer. |
| |
(4) | The modifications mentioned in subsection (3) may, in particular, alter the |
| |
circumstances in which, or the conditions under which, the function is |
| 25 |
| |
(5) | A statutory instrument containing (whether alone or with other provision) an |
| |
order under this section which amends, repeals or revokes any provision of |
| |
primary legislation is not to be made unless a draft of the instrument has been |
| |
laid before, and approved by a resolution of, each House of Parliament. |
| 30 |
(6) | A statutory instrument containing an order under this section which does not |
| |
amend, repeal or revoke any provision of primary legislation is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
| |
“enactment” includes an Act of the Scottish Parliament, a Measure or Act |
| 35 |
of the National Assembly for Wales and Northern Ireland legislation; |
| |
“primary legislation” means— |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | a Measure or Act of the National Assembly for Wales, and |
| 40 |
(d) | Northern Ireland legislation. |
| |
|
| |
|
| |
|
80 | Transitional, transitory or saving provision |
| |
The Secretary of State may by order made by statutory instrument make such |
| |
transitional, transitory or saving provision as the Secretary of State considers |
| |
appropriate in connection with the coming into force of any provision of this |
| |
| 5 |
| |
There is to be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred under or by virtue of this Act by the Secretary |
| |
of State or the Competition and Markets Authority, and |
| |
(b) | any increase attributable to this Act in the sums payable under any |
| 10 |
other Act out of money so provided. |
| |
| |
(1) | Part 1 extends to England and Wales, Scotland and Northern Ireland. |
| |
(2) | Part 2 extends only to England and Wales and Scotland, except that the |
| |
following provisions of that Part extend also to Northern Ireland— |
| 15 |
| |
(b) | paragraph 11 of Schedule 1; |
| |
(c) | paragraphs 36 to 39 of Schedule 2. |
| |
(3) | Part 3 extends to England and Wales, Scotland and Northern Ireland, except as |
| |
| 20 |
(a) | paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only |
| |
to England and Wales and Scotland; |
| |
(b) | paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule |
| |
extend only to England and Wales; |
| |
(c) | paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209 of that Schedule |
| 25 |
| |
(d) | paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to |
| |
| |
(4) | Part 4 extends to England and Wales, Scotland and Northern Ireland, except as |
| |
| 30 |
(a) | paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13 |
| |
and 41 of Schedule 15, extend only to England and Wales and Scotland; |
| |
(b) | paragraphs 8 to 10 and 20 to 22 of Schedule 14, and paragraphs 4 to 6 |
| |
and 47 to 49 of Schedule 15, extend only to England and Wales; |
| |
(c) | paragraphs 23 to 29 of Schedule 14, and paragraphs 53 to 55 of Schedule |
| 35 |
15, extend only to Northern Ireland. |
| |
(5) | Part 5 extends as follows— |
| |
(a) | sections 52, 55, 60, 61 and 63 and Part 1 of Schedule 20 extend to |
| |
England and Wales, Scotland and Northern Ireland, |
| |
(b) | section 62 extends only to England and Wales and Scotland except that |
| 40 |
it also extends to Northern Ireland so far as Parts 1 and 4 of the Health |
| |
and Safety at Work etc. Act 1974 extend there, |
| |
(c) | sections 57, 58 and 59 and paragraphs 1, 56 to 58, 60 and 66 of Schedule |
| |
19 (and section 64(3) so far as it relates to those paragraphs) extend only |
| |
to England and Wales and Scotland, and |
| 45 |
|
| |
|
| |
|
(d) | sections 53, 54, 56 and 64(1) and (2), Schedules 16, 17 and 18, paragraphs |
| |
2 to 55, 59, 61 to 65 of Schedule 19 (and section 64(3) so far as it relates |
| |
to those paragraphs) and Parts 2 and 3 of Schedule 20 extend only to |
| |
| |
(6) | If a provision repealed by Part 1 of Schedule 20 extends to the Isle of Man or |
| 5 |
any of the Channel Islands, Her Majesty may by Order in Council extend the |
| |
| |
(7) | This Part extends to England and Wales, Scotland and Northern Ireland except |
| |
that section 78 extends only to England and Wales and Scotland. |
| |
| 10 |
(1) | The following provisions come into force on the day on which this Act is |
| |
| |
| |
| |
| 15 |
(d) | sections 67 to 70 and Schedule 21; |
| |
| |
(f) | any other provision so far as is necessary for enabling the exercise on or |
| |
after the day on which this Act is passed of any power (arising under |
| |
or by virtue of that provision) to make provision by regulations or |
| 20 |
order made by statutory instrument. |
| |
(2) | The following provisions (so far as not already in force by virtue of subsection |
| |
(1)(f)) come into force at the end of the period of 2 months beginning with the |
| |
day on which this Act is passed— |
| |
| 25 |
| |
| |
| |
(e) | paragraphs 7 and 8 of Schedule 17 (and section 56 so far as it relates to |
| |
| 30 |
(f) | Parts 1 and 2 of Schedule 20 (and section 65 so far as it relates to them). |
| |
(3) | Except as provided by subsections (1) and (2), the provisions of this Act come |
| |
into force on such day as the Secretary of State may by order made by statutory |
| |
| |
(4) | An order under subsection (3) may appoint different days for different |
| 35 |
| |
| |
This Act may be cited as the Enterprise and Regulatory Reform Act 2013. |
| |
|
| |
|