Statutory Instruments
2006 No. 514
TERMS AND CONDITIONS OF EMPLOYMENT
The Information and Consultation of Employees (Amendment) Regulations 2006
Made
27 February 2006
Coming into force
6th April 2006
The Secretary of State makes the following Regulations, in exercise of the powers conferred by section 42(1), (3)(a), (4)(f) and (9) of the Employment Relations Act 2004( 1 ).
In accordance with section 42(8) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Information and Consultation of Employees (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
(2) These Regulations extend to Great Britain.
Amendment of Regulations
2. The Information and Consultation of Employees Regulations 2004( 2 ) (“the 2004 Regulations”) shall be amended in accordance with regulations 3 to 5.
3. In regulation 2 of the 2004 Regulations after the definition of “parties” there shall be inserted the words—
“ “ Pension Schemes Regulations ” means the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( 3 ) ; ”
4. After regulation 17 of the 2004 Regulations there shall be inserted—
“ Negotiated agreements and listed changes to pension schemes
17A. —(1) A requirement in any negotiated agreement or any part of such an agreement made before 6th April 2006 to inform and consult employees or their representatives about a listed change shall cease to apply once—
(a) the employer is under a duty under any of regulations 7(3) and 11 to 13 of the Pension Schemes Regulations; and
(b) he has notified the information and consultation representatives or, where he must consult employees directly, the employees in writing that he will be complying with his duty under the provisions of the Pension Schemes Regulations referred to in sub-paragraph (a), instead of his obligations under the negotiated agreement, provided that the notification is given on each occasion on which the employer has become or is about to become subject to the duty.
(2) For the purposes of this regulation “listed change” has the meaning given by regulation 6(2) of the Pension Schemes Regulations. ” .
5. In regulation 20(5) of the 2004 Regulations—
(a) in sub-paragraph (a) the word “or” shall be omitted;
(b) after sub-paragraph (b) there shall be inserted the words—
“ or
(c) any of regulations 11 to 13 of the Pension Schemes Regulations, ” and
(c) for the words “sub-paragraph (a) or (b)” there shall be substituted the words “sub-paragraph (a), (b) or (c)”.
Gerry Sutcliffe
Parliamentary Under Secretary for Employment Relations and Consumer Affairs
Department of Trade and Industry
27 February 2006