Employment Relations Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Employment Relations Bill

Employment Relations Bill
Part 4 — Enforcement of minimum wage legislation
33

Part 4
Enforcement of minimum wage legislation
36
Information supplied by worker and employer
After section 16 of the National Minimum Wage Act 1998 (c. 39) insert—
“16A
Disclosure of information by officers
5
(1)
Subsection (2) applies to information obtained for the purposes of the
relevant legislation by an enforcement officer so far as that information
relates to an identifiable worker or agency worker.
(2)
In order to enable or assist him to act for the purposes of the relevant
legislation, the enforcement officer may disclose all or any of the
10
information to the worker or, as the case may be, agency worker
concerned.
(3)
Subsection (4) applies to information obtained for the purposes of the
relevant legislation by an enforcement officer so far as that information
relates to an identifiable employer or person who is the agent or the
15
principal for the purposes of section 34 below.
(4)
In order to enable or assist him to act for the purposes of the relevant
legislation, the officer may disclose all or any of the information to the
employer, the agent or, as the case may be, the principal concerned.
(5)
In this section—
20
“agency worker” shall be construed in accordance with section 34
below;
“enforcement officer” means—
(a)
an officer acting for the purposes of this Act, whether by
virtue of paragraph (a) or (b) of section 13(1) above;
25
(b)
an officer acting for the purposes of the Agricultural
Wages Act 1948; or
(c)
an officer acting for the purposes of the Agricultural
Wages (Regulation)(Northern Ireland) Order 1977;
“the relevant legislation” means—
30
(a)
in relation to an enforcement officer acting for the
purposes of this Act, this Act;
(b)
in relation to an enforcement officer acting for the
purposes of the Agricultural Wages Act 1948, that Act;
and
35
(c)
in relation to an enforcement officer acting for the
purposes of the Agricultural Wages
(Regulation)(Northern Ireland) Order 1977, that Order.”
37
Enforcement notices
(1)
In section 19(3) of the National Minimum Wage Act 1998 (c. 39) (enforcement
40
notices relating to more than one worker) for “The same” substitute “An”.
(2)
Nothing in this section affects section 19 of the National Minimum Wage Act
1998 as it has effect for the purposes of the Agricultural Wages (Scotland) Act
1949 (c. 30).

Employment Relations Bill
Part 5 — The Certification Officer
34

38
Enforcement officers for agricultural wages legislation
(1)
Before section 12 of the Agricultural Wages Act 1948 (c. 47) (in this section
referred to as “the 1948 Act”) insert—
“11A
Appointment of officers
(1)
The Secretary of State—
5
(a)
may appoint officers to act in England for the purposes of this
Act; and
(b)
may, instead of or in addition to appointing any officers under
this section, arrange with any Minister of the Crown or
government department, or any body performing functions on
10
behalf of the Crown, that officers of that Minister, department
or body shall act in England for those purposes.
(2)
The National Assembly for Wales—
(a)
may appoint officers to act in Wales for the purposes of this Act;
and
15
(b)
may, instead of or in addition to appointing any officers under
this section, arrange with any Minister of the Crown or
government department, or any body performing functions on
behalf of the Crown, that officers of that Minister, department
or body shall act in Wales for those purposes.
20
(3)
When acting for the purposes of this Act, an officer shall, if so required,
produce some duly authenticated document showing his authority so
to act.
(4)
If it appears to an officer that any person with whom he is dealing while
acting for the purposes of this Act does not know that he is an officer so
25
acting, the officer shall identify himself as such to that person.”
(2)
In section 12 of the 1948 Act (officers)—
(a)
for the sidenote substitute “Powers of officers”;
(b)
omit subsections (1) and (2); and
(c)
in each of subsections (3), (4), (5) and (5A), for “so appointed” substitute
30
“acting for the purposes of this Act”.
(3)
An appointment made under section 12(1) of the 1948 Act which is in force
immediately before the date on which this section comes into force shall,
without prejudice to the generality of section 17(2)(b) of the Interpretation Act
1978 (c. 30), have effect on and after that date as if made under section 11A of
35
the 1948 Act (which is inserted by subsection (1) above).
Part 5
The Certification Officer
39
Striking out by Certification Officer of applications or complaints
After section 256 of the 1992 Act, insert—
40
“256ZA
Striking out
(1)
At any stage of proceedings on an application or complaint made to the
Certification Officer, he may—

Employment Relations Bill
Part 5 — The Certification Officer
35

(a)
order the application or complaint, or any response, to be struck
out on the grounds that it is scandalous, vexatious, has no
reasonable prospect of success or is otherwise misconceived,
(b)
order anything in the application or complaint, or in any
response, to be amended or struck out on those grounds, or
5
(c)
order the application or complaint, or any response, to be struck
out on the grounds that the manner in which the proceedings
have been conducted by or on behalf of the applicant or
complainant or (as the case may be) respondent has been
scandalous, vexatious, or unreasonable.
10
(2)
The Certification Officer may order an application or complaint made
to him to be struck out for excessive delay in proceeding with it.
(3)
An order under this section may be made on the Certification Officer’s
own initiative and may also be made—
(a)
if the order sought is to strike out an application or complaint,
15
or to amend or strike out anything in an application or
complaint, on an application by the respondent, or
(b)
if the order sought is to strike out any response, or to amend or
strike out anything in any response, on an application by the
person who made the application or complaint mentioned in
20
subsection (1).
(4)
Before making an order under this section, the Certification Officer
shall send notice to the party against whom it is proposed that the order
should be made giving him an opportunity to show cause why the
order should not be made.
25
(5)
Subsection (4) shall not be taken to require the Certification Officer to
send a notice under that subsection if the party against whom it is
proposed that the order under this section should be made has been
given an opportunity to show cause orally why the order should not be
made.
30
(6)
Nothing in this section prevents the Certification Officer from making
further provision under section 256(1) about the striking out of
proceedings on any application or complaint made to him.
(7)
An appeal lies to the Employment Appeal Tribunal on any question of
law arising from a decision of the Certification Officer under this
35
section.
(8)
In this section—

“response” means any response made by a trade union or other
body in the exercise of a right to be heard, or to make
representations, in response to the application or complaint;
40

“respondent” means any trade union, or other body, that has such
a right.”
40
Restriction of proceedings orders: proceedings before Certification Officer
(1)
Section 33 of the Employment Tribunals Act 1996 (c. 17) (restriction of
proceedings orders) is amended in accordance with subsections (2) to (7).
45
(2)
In subsection (1)(a), after “whether”, where it first occurs, insert “before the
Certification Officer,”.

Employment Relations Bill
Part 5 — The Certification Officer
36

(3)
In subsection (1)(b), after “whether” insert “before the Certification Officer,”.
(4)
In subsection (2)(a), after “instituted” insert “before the Certification Officer,”.
(5)
In subsection (2)(b), after “him”, where it first occurs, insert “before the
Certification Officer,”.
(6)
In subsection (2)(c), after “proceedings” insert “before the Certification
5
Officer,”.
(7)
In subsection (4)—
(a)
after “proceedings”, where it first occurs, insert “before the
Certification Officer,”; and
(b)
for “the process of the tribunal in question” substitute “process”.
10
(8)
In section 42 of that Act (interpretation), in subsection (1), after the definition
of “appointed member” insert—

““Certification Officer” shall be construed in accordance with section 254
of the Trade Union and Labour Relations (Consolidation) Act 1992,”.
(9)
In section 256A of the 1992 Act (power of Certification Officer to refuse to
15
entertain applications and complaints made by vexatious litigants), in
subsection (4) (definition of “vexatious litigant” for the purposes of that
section) omit paragraph (a).
41
Amalgamations: approval, listing and certification
(1)
In section 98 of the 1992 Act (approval of instrument of amalgamation or
20
transfer) for subsection (2) substitute—
“(2)
If the Certification Officer is satisfied—
(a)
that an instrument of amalgamation complies with the
requirements of any regulations in force under this Chapter,
and
25
(b)
that he is not prevented from approving the instrument of
amalgamation by subsection (3),

he shall approve the instrument.
(3)
The Certification Officer shall not approve an instrument of
amalgamation if it appears to him that the proposed name of the
30
amalgamated union is the same as the name under which another
organisation—
(a)
was on 30th September 1971 registered as a trade union under
the Trade Union Acts 1871 to 1964,
(b)
was at any time registered as a trade union or employers’
35
association under the Industrial Relations Act 1971, or
(c)
is for the time being entered in the list of trade unions or in the
list of employers’ associations,

or if the proposed name is one so nearly resembling any such name as
to be likely to deceive the public.
40
(4)
Subsection (3) does not apply if the proposed name is the name of one
of the amalgamating unions.

Employment Relations Bill
Part 5 — The Certification Officer
37

(5)
If the Certification Officer is satisfied that an instrument of transfer
complies with the requirements of any regulations in force under this
Chapter, he shall approve the instrument.”
(2)
After section 101 of that Act insert—
“101A
Listing and certification after amalgamation
5
(1)
Subsection (2) applies if when an instrument of amalgamation is
registered by the Certification Officer under this Chapter each of the
amalgamating unions is entered in the list of trade unions.
(2)
The Certification Officer shall—
(a)
enter, with effect from the amalgamation date, the name of the
10
amalgamated union in the list of trade unions, and
(b)
remove, with effect from that date, the names of the
amalgamating unions from that list.
(3)
Subsection (4) applies if when an instrument of amalgamation is
registered by the Certification Officer under this Chapter each of the
15
amalgamating unions has a certificate of independence which is in
force.
(4)
The Certification Officer shall issue to the amalgamated trade union,
with effect from the amalgamation date, a certificate that the union is
independent.
20
(5)
In this section “the amalgamation date” means the date on which the
instrument of amalgamation takes effect.
101B
Supply of information by amalgamated union
(1)
If an instrument of amalgamation is registered under this Chapter by
the Certification Officer and the amalgamated union is entered in the
25
list of trade unions in accordance with section 101A, that union shall
send to him, in such manner and form as he may require—
(a)
a copy of the rules of the union,
(b)
a list of its officers, and
(c)
the address of its head or main office.
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(2)
The information required to be sent under subsection (1) must be
accompanied by any fee prescribed for the purpose under section 108.
(3)
The information must be sent—
(a)
before the end of the period of six weeks beginning with the
date on which the instrument of amalgamation takes effect, or
35
(b)
if the Certification Officer considers that it is not reasonably
practicable for the amalgamated union to send it in that period,
before the end of such longer period, beginning with that date,
as he may specify to the amalgamated union.
(4)
If any of subsections (1) to (3) are not complied with by the
40
amalgamated union, the Certification Officer shall remove its name
from the list of trade unions.”
(3)
In section 133(2) of the 1992 Act (modifications of Chapter 7 of Part 1 in its
application to amalgamations of unincorporated employers’ associations)—

Employment Relations Bill
Part 6 — Miscellaneous
38

(a)
omit “and” at the end of paragraph (b) and after that paragraph insert—
“(ba)
as if the references in sections 101A and 101B to the list
of trade unions were to the list of employers’
associations, and”; and
(b)
in paragraph (c), after “101(3)” insert “, 101A(3) and (4)”.
5
(4)
In section 298 of that Act (definitions for the purposes of the Act) at the
appropriate place insert—

““certificate of independence” means a certificate issued under—
(a)
section 6(6), or
(b)
section 101A(4);”
10
(5)
In section 299 of that Act (index of defined terms), at the appropriate place
insert—

“certificate of independence
section 298”.

(6)
In each of paragraphs 6, 35(4)(a), 44(4)(a), 60(4), 134(1)(b) and 138 of Schedule
15
A1 to that Act (requirements for union to be independent) for the words
“under section 6 that it is independent” substitute “of independence”.
42
Restriction of grounds of appeal from Certification Officer
(1)
In section 9 of the 1992 Act (appeal against decision of Certification Officer
relating to the list of trade unions or a certificate of independence)—
20
(a)
at the end of each of subsections (1) and (2), insert “on any appealable
question”;
(b)
omit subsection (3); and
(c)
in subsection (4), for “The rights of appeal conferred by this section
extend to any question of fact or law” substitute “For the purposes of
25
this section, an appealable question is any question of law”.
(2)
In section 126 of the 1992 Act (appeal against decision of Certification Officer
relating to the list of employers’ associations)—
(a)
at the end of subsection (1), insert “on any appealable question”;
(b)
omit subsection (2); and
30
(c)
in subsection (3), for “The right of appeal conferred by this section
extend to any question of fact or law” substitute “For the purposes of
this section, an appealable question is any question of law”.
Part 6
Miscellaneous
35
43
Additional case in which election for president of union not required
(1)
Section 46 of the 1992 Act (requirement to hold elections for certain positions
in trade unions) is amended as follows.
(2)
In subsection (2), omit the words after paragraph (d).

Employment Relations Bill
Part 6 — Miscellaneous
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(3)
After subsection (4) insert—
“(4A)
This Chapter also does not apply to the position of president if—
(a)
the holder of that position was elected or appointed to it in
accordance with the rules of the union,
(b)
at the time of his election or appointment as president he held a
5
position mentioned in paragraph (a), (b) or (d) of subsection (2)
by virtue of having been elected to it at a qualifying election,
(c)
it is no more than five years since—
(i)
he was elected, or re-elected, to the position mentioned
in paragraph (b) which he held at the time of his election
10
or appointment as president, or
(ii)
he was elected to another position of a kind mentioned
in that paragraph at a qualifying election held after his
election or appointment as president of the union, and
(d)
he has, at all times since his election or appointment as
15
president, held a position mentioned in paragraph (a), (b) or (d)
of subsection (2) by virtue of having been elected to it at a
qualifying election.”
(4)
In subsection (5), at the beginning, insert “In subsection (4)”.
(5)
After subsection (5) insert—
20
“(5A)
In subsection (4A) “qualifying election” means an election satisfying
the requirements of this Chapter.
(5B)
The “requirements of this Chapter” referred to in subsections (1) and
(5A) are those set out in sections 47 to 52 below.”
44
Removal of rule preventing appointment of body corporate as auditor
25
(1)
In section 34(5) of the 1992 Act (persons not to act as auditor of a trade union),
omit paragraph (c).
(2)
In section 36 of that Act (auditor’s report), after subsection (1) insert—
“(1A)
The report shall state the names of, and be signed by, the auditor or
auditors.”
30
(3)
After subsection (4) of that section add—
“(5)
Any reference in this section to signature by an auditor is, where the
office of auditor is held by a body corporate or partnership, to signature
in the name of the body corporate or partnership by an individual
authorised to sign on its behalf.”
35
(4)
In section 37 of that Act (rights of auditors), after subsection (3) add—
“(4)
In the case of an auditor which is a body corporate or partnership, its
right to attend or be heard at a meeting is exercisable by an individual
authorised by it to act as its representative at the meeting.”
45
Means of voting in ballots and elections
40
(1)
The Secretary of State may by order provide, in relation to any description of
ballot or election authorised or required by the 1992 Act, that any ballot or