Citation and interpretation

1. This Order may be cited as the Employment Relations Act 2004 (Commencement No. 2 and Transitional Provisions) Order 2004.

2. In this Order–

“the Act” means the Employment Relations Act 2004; and

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992( 2 ).

3. In this Order, save where the text otherwise indicates, references to sections and Schedules are references to sections of and Schedules to the Act.

Commencement

4. 31st December 2004 is the appointed day for the coming into force of the following provisions of the Act—

(a) sections 15, 18, 33, 34, 36, 39 and 54;

(b) in Schedule 1 (minor and consequential amendments), paragraphs 26, 27 and 42(3); and

(c) in Schedule 2 (repeals), the entries relating to sections 67 and 176 of the 1992 Act and the entry relating to section 23(5) of the Employment Relations Act 1999( 3 ) .

Transitional Provisions

5. The coming into force of the provisions mentioned in article 4 is subject to the transitional provisions in articles 6 to 12.

6. Until the appointed day for the coming into force of sections 16, 17 and 20, in paragraph 166(2) of Schedule A1 to the 1992 Act (which section 15 substitutes for the original paragraph 166(2) of that Schedule) for “166A, 166B, 169A, 169B and 171A” there shall be substituted “169A and 169B”.

7. The amendments made to the 1992 Act by section 33 do not apply in the case of any decision by a union to exclude or expel an individual which is taken before the appointed day.

8. The amendments made to section 67 of the 1992 Act by section 34 do not apply to any complaint presented by an individual under section 66 of that Act which relates to a decision to discipline the individual which was taken by the union before the appointed day.

9. The amendments made to section 176 of the 1992 Act by section 34 do not apply to any complaint presented by an individual under section 174 of that Act which relates to a decision to exclude or expel the individual which was taken by the union before the appointed day.

10. For the purposes of articles 7 to 9, in determining whether a decision has been taken by a union before the appointed day, in the absence of evidence of a decision, regard may be had to the period within which it might reasonably be expected that a decision would be taken.

11. Notwithstanding the coming into force of paragraph 26 of Schedule 1, section 30(1)(e) of the Employment Tribunals Act 1996 ( 4 ) (“the 1996 Act”) shall continue to apply in the case of any award made on an application to the Employment Appeal Tribunal under section 67 or 176 of the 1992 Act which requires registration or proof on or after the appointed day.

12. Notwithstanding the coming into force of paragraph 27 of Schedule 1, section 36(1) to (3) of the 1996 Act shall continue to apply in the case of any sum payable in pursuance of an award of the Employment Appeal Tribunal made under section 67 or 176 of the 1992 Act which is outstanding on or after the appointed day.