 | |
| ACAS: general duty. |
24. In section 209 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS' general duty) the words from ", in particular" to the end shall be omitted.
|
| Abolition of Commissioners. |
25. - (1) These offices shall cease to exist-
|
| |
(a) the office of Commissioner for the Rights of Trade Union Members; |
| |
(b) the office of Commissioner for Protection Against Unlawful Industrial Action. |
| |
(2) In the Trade Union and Labour Relations (Consolidation) Act 1992 these provisions shall cease to have effect-
|
| |
(a) Chapter VIII of Part I (provision by Commissioner for the Rights of Trade Union Members of assistance in relation to certain proceedings); |
| |
(b) sections 235B and 235C (provision of assistance by Commissioner for Protection Against Unlawful Industrial Action of assistance in relation to certain proceedings); |
| |
(c) section 266 (and the heading immediately preceding it) and sections 267 to 271 (Commissioners' appointment, remuneration, staff, reports, accounts, etc.). |
| |
(3) In section 32A of that Act (statement to members of union following annual return) in the third paragraph of subsection (6)(a) (application for assistance from Commissioner for the Rights of Trade Union Members) for the words from "may" to "case," there shall be substituted "should".
|
| The Certification Officer. |
26. Schedule 4 shall have effect.
|
| |
Miscellaneous |
| Partnerships at work. |
27 - (1) The Secretary of State may spend money or provide money to other persons for the purpose of encouraging and helping employers (or their representatives) and employees (or their representatives) to improve the way they work together.
|
| |
(2) Money may be provided in such way as the Secretary of State thinks fit (whether as grants or otherwise) and on such terms as he thinks fit (whether as to repayment or otherwise).
|
| Employment agencies. |
28. - (1) The Employment Agencies Act 1973 shall be amended as follows.
|
| |
(2) In section 5(1) (power to make general regulations) there shall be substituted for paragraphs (f) and (g) and the proviso following paragraph (g)-
|
| |
 |
"(ea) restricting the services which may be provided by persons carrying on such agencies and businesses; |
| |
(eb) regulating the way in which and the terms on which services may be provided by persons carrying on such agencies and businesses; |
| |
(ec) restricting or regulating the charging of fees by persons carrying on such agencies and businesses." |
|
| |
(3) After section 5(1) there shall be inserted-
|
| |
|
"(1A) The reference in subsection (1)(eb) of this section to services includes a reference to services in respect of-
|
| |
(a) persons seeking employment outside the United Kingdom; |
| |
(b) persons normally resident outside the United Kingdom seeking employment in the United Kingdom." |
|
| |
(4) For section 6(1) (restriction on demand or receipt of fee for finding or seeking to find employment) there shall be substituted-
|
| |
|
"(1) Except in such cases or classes of case as the Secretary of State may prescribe-
|
| |
(a) a person carrying on an employment agency shall not request or directly or indirectly receive any fee from any person for providing services (whether by the provision of information or otherwise) for the purpose of finding him employment or seeking to find him employment; |
| |
(b) a person carrying on an employment business shall not request or directly or indirectly receive any fee from an employee for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person; |
| |
(c) a person carrying on an employment business shall not request or directly or indirectly receive any fee from a second person for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find a third person, with a view to the second person becoming employed by the first person and acting for and under the control of the third person." |
|
| |
(5) In section 9(4)(a) (restriction on disclosure of information) in paragraph (iv) (exception for criminal proceedings pursuant to or arising out of the Act) the words "pursuant to or arising out of this Act" shall be omitted.
|
| |
(6) After section 11 there shall be inserted-
|
| |
| "Offences: extension of time limit. |
11A. - (1) For the purposes of subsection (2) of this section a relevant offence is an offence under section 3B, 5(2), 6(2), 9(4)(b) or 10(2) of this Act for which proceedings are instituted by the Secretary of State.
|
|
(2) Notwithstanding section 127(1) of the Magistrates' Courts Act 1980 (information to be laid within 6 months of offence) an information relating to a relevant offence which is triable by a magistrates' court in England and Wales may be so tried if it is laid at any time-
|
| |
(a) within 3 years after the date of the commission of the offence, and |
| |
(b) within 6 months after the date on which evidence sufficient in the opinion of the Secretary of State to justify the proceedings came to his knowledge. |
| |
(3) Notwithstanding section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences), in Scotland proceedings in respect of an offence under section 3B, 5(2), 6(2), 9(4)(b) or 10(2) of this Act may be commenced at any time-
|
| |
(a) within 3 years after the date of the commission of the offence, and |
| |
(b) within 6 months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings came to his knowledge. |
| |
(4) For the purposes of this section a certificate of the Secretary of State or Lord Advocate (as the case may be) as to the date on which evidence came to his knowledge is conclusive evidence."
|
|
| |
(7) In section 13(2) (definition of employment agency) for "workers" (in each place) there shall be substituted "persons".
|
| Unfair dismissal: special and additional awards. |
29. - (1) The following provisions (which require, or relate to, the making of special awards by employment tribunals in unfair dismissal cases) shall cease to have effect-
|
| |
(a) sections 117(4)(b), 118(2) and (3) and 125 of the Employment Rights Act 1996 (and the word "or" before section 117(4)(b)); |
| |
(b) sections 157 and 158 of the Trade Union and Labour Relations (Consolidation) Act 1992. |
| |
(2) In section 117(3)(b) of the Employment Rights Act 1996 (amount of additional award) for "the appropriate amount" there shall be substituted "an amount not less than twenty-six nor more than fifty-two weeks' pay"; and subsections (5) and (6) of section 117 shall cease to have effect.
|
