The Compromise Agreements (Description of Person) Order 2004 (Amendment) Order 2004

Statutory Instruments

2004 No.2515

TERMS AND CONDITIONS OF EMPLOYMENT

The Compromise Agreements (Description of Person) Order 2004 (Amendment) Order 2004

Made

20th September 2004

Laid before Parliament

24th September 2004

Coming into force

1st October 2004

The Secretary of State, in exercise of the powers conferred upon her by section 77(4B)(d) of the Sex Discrimination Act 1975(1), section 72(4B)(d) of the Race Relations Act 1976(2), section 288(4)(d) of the Trade Union and Labour Relations (Consolidation) Act 1992(3), section 9(4)(d) of the Disability Discrimination Act 1995(4), section 203(3A)(d) of the Employment Rights Act 1996(5), and section 49(5)(d) of the National Minimum Wage Act 1998(6), hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as The Compromise Agreements (Description of Person) Order 2004 (Amendment) Order 2004 and shall come into force on 1st October 2004.

(2) In this Order, “the Principal Order” means The Compromise Agreements (Description of Person) Order 2004(7).

Amendments to the Principal Order

2.  Article 3 of the principal Order is omitted.

Jacqui Smith,

Minister of State for Industry and the Regions and Deputy Minister for Women and Equality,,

Department of Trade and Industry

20th September 2004

Explanatory Note

(This note is not part of the Order)

The Compromise Agreements (Description of Person) Order 2004 (“the Principal Order”) enables a Fellow of the Institute of Legal Executives employed by a solicitors' practice validly to give advice in relation to compromise agreements under the Sex Discrimination Act 1975, the Race Relations Act 1976, the Trade union and Labour Relations (Consolidation) Act 1992, the Disability Discrimination Act 1995, the Employment Rights Act 1996, the National Minimum Wage Act 1998, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) and the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034). This Order amends the Principal Order by removing the condition that that Order imposes upon such a Fellow, namely that he is supervised by a solicitor holding a practising certificate issued by the Law Society of England and Wales. A Regulatory Impact Assessment has not been prepared.

(1)

1975 c. 65. Section 77(4B) was substituted by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 15 and Schedule 1, paragraph 2.

(2)

1976 c. 74. Section 72(4B) was substituted by the Employment Rights (Dispute Resolution) Act 1998, section 15 and Schedule 1, paragraph 3.

(3)

1992 c. 52. Section 288(4) was substituted by the Employment Rights (Dispute Resolution) Act 1998, section 15 and Schedule 1, paragraphs 9(1) and 9(3).

(4)

1995 c. 50. Section 9(4) was substituted by the Employment Rights (Dispute Resolution) Act 1998, section 15 and Schedule 1, paragraph 11.

(5)

1996 c. 18. Section 203(3A) was substituted by the Employment Rights (Dispute Resolution) Act 1998, section 15 and Schedule 1, paragraphs 24(1) and 24(3).

(6)

1998 c. 39.

(7)

S.I. 2004/754.