Citation and interpretation

1. —(1) This Order may be cited as the Employment Act 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009.

(2) In this Order:

“the 1948 Act” means the Agricultural Wages Act 1948( 2 );

“the 1973 Act” means the Employment Agencies Act 1973( 3 );

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992( 4 );

“the 1998 Act” means the National Minimum Wage Act 1998( 5 ); and

“the Act” means the Employment Act 2008.

Commencement

2. Subject to article 3, sections 8, 9, 11, 12, 18 and 19 of, and Parts 2 and 4 of the Schedule to, the Act shall come into force on 6th April 2009.

Transitional provisions and savings

3. The transitional provisions and savings in the Schedule to this Order shall have effect.

Article 3

SCHEDULE Transitional provisions and savings

1. —(1) Subject to subparagraph (2), the amendments to sections 17 and 19 to 22F of the 1998 Act and to section 3A of the 1948 Act, made by section 8 and 9 of the Act, do not apply where an officer acting for the purposes of the 1948 Act required any person to produce records or provide information or explanations under section 14(1) of the 1998 Act before 6th April 2009.

(2) Subparagraph (1) above does not apply where an enforcement notice under section 19 of the 1998 Act is served after 6th April 2011.

2. The amendments to sections 19 to 22F of the 1998 Act, made by section 9 of the Act, do not apply where an enforcement notice under section 19 of the 1998 Act is served before 6th April 2009.

3. The amendments to section 15 of the 1998 Act, made by section 18 of the Act, do not apply to any information obtained by an officer under section 15 before 6th April 2009.

4. The amendments to section 9 of the 1973 Act, made by section 18 of the Act, do not apply to any information obtained by an officer where he exercised his powers under section 9 before 6th April 2009.

5. The amendments to section 174 of the 1992 Act, made by section 19 of the Act, do not apply in the case of any decision by a union to exclude or expel an individual which is taken before 6th April 2009.

6. The amendments to section 176 of the 1992 Act, made by section 19 of the Act, 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 before 6th April 2009.

7. For the purposes of paragraphs 5 and 6, in determining whether a decision has been taken by a union before 6th April 2009, 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.