Citation and interpretation

1. —(1) This Order may be cited as the Employment Act 2002 (Commencement No. 4 and Transitional Provisions) Order 2003.

(2) In this Order, “the Act” means the Employment Act 2002.

(3) in this Order, “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992( 2 ).

Commencement

2. —(1) The following provisions of the Act shall come into force on 27th April 2003:

• section 29(2) and (3);

• section 30(3);

• section 31(6) and (7);

• section 32(7) to (10);

• section 33(1) and (2); and

• section 43.

(2) Section 53 of the Act (minor and consequential amendments) shall come into force on 27th April 2003, so far as it relates to the following paragraphs of Schedule 7 to the Act—

(a) paragraphs 19, 20, 21 and 22, and paragraph 18 so far as it relates to those paragraphs;

(b) paragraph 23 so far as it relates to section 168A of the 1992 Act; and

(c) paragraph 34, and paragraph 24 so far as it relates to paragraph 34.

Transitional provisions

3. For the purposes of section 168A of the 1992 Act (inserted by section 43 of the Act), the requirements of subsection (3) of the section (notice to employer and training condition) shall be treated as being satisfied in relation to an employee if—

(a) immediately before 27th April 2003 he has the function of carrying on any or all of the activities mentioned in section 168A(2) in relation to qualifying members of the union and has had that function for a continuous period of six months or more, and

(b) he acquired that function by reason of being appointed or elected, in accordance with the rules of the union, to carry it on.