2014 No. 253
The Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014
Made
The Secretary of State makes the following Order in exercise of the powers conferred by sections 100 and 103(3) of the Enterprise and Regulatory Reform Act 20131.
Citation1
This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014.
Provisions coming into force on 6th March 20142
Paragraphs 2 and 3 of Schedule 1 to, and section 7(2) (so far as relating to those paragraphs) of, the Enterprise and Regulatory Reform Act 2013 come into force on 6th March 2014.
Provisions coming into force on 6th April 20143
The following provisions of the Enterprise and Regulatory Reform Act 2013 come into force on 6th April 2014 subject to the transitional and saving provisions in articles 4 and 5—
a
section 7(1) (conciliation before institution of proceedings) (so far as not yet in force);
b
section 7(2) (conciliation before institution of proceedings) (so far as not yet in force);
c
section 8 (extension of limitation periods to allow for conciliation);
d
section 9 (extended power to define “relevant proceedings” for conciliation purposes) (so far as not yet in force);
e
section 16 (power of employment tribunal to impose financial penalty on employers etc);
f
Schedule 1 (conciliation: minor and consequential amendments) (so far as not yet in force);
g
Schedule 2 (extension of limitation periods to allow for conciliation); and
h
Schedule 3 (financial penalties: minor and consequential amendments).
Transitional and saving provisions
4
1
The requirement in section 18A(1) of the Employment Tribunals Act 19962 (requirement to provide information to ACAS before presenting a claim in an Employment Tribunal) and the requirement in section 18A(8) of that Act (requirement to have a certificate issued by ACAS when presenting a claim in an Employment Tribunal), which are inserted by section 7(1) of the Enterprise and Regulatory Reform Act 2013, have effect only in relation to claims presented to an Employment Tribunal on or after 6th May 2014, except as provided for in paragraph (2).
2
If—
a
in the period beginning on 6th April 2014 and ending on 5th May 2014 a prospective claimant provides ACAS with prescribed information in the prescribed manner about a matter in respect of which relevant proceedings could be instituted in an Employment Tribunal, and
b
presents an application in relation to that matter on or before 5th May 2014,
section 18A(8) applies to that claimant and that claimant is to be treated as having complied with the requirement in section 18A(1) on the day that the prescribed information was provided.
3
In this article “prescribed” has the meaning given by section 18A(10) of the Employment Tribunals Act 1996.
5
1
The substitutions in paragraphs 1, 5(9), 7, 10, 11 and 13 of Schedule 1 to the Enterprise and Regulatory Reform Act 2013 do not have effect where a conciliation officer has taken or takes action under section 18 of the Employment Tribunals Act 1996 in relation to—
a
an application which has been presented to an employment tribunal and received by a conciliation officer on or before 5th April 2014, or
b
a person who has made a request to a conciliation officer under section 18(3)3 of the Employment Tribunals Act 1996 on or before 5th April 2014.
2
The omission of section 18(3) and (5)4 of the Employment Tribunals Act 1996 made by paragraph 5(8) of Schedule 1 to the Enterprise and Regulatory Reform Act 2013 does not have effect in relation to a person who has made a request to a conciliation officer under section 18(3) of the Employment Tribunals Act 1996 on or before 5th April 2014.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Act are brought into force by commencement orders made before the date of this Order:
Provision of the Act | Date of Commencement | S.I.No. |
---|---|---|
Section 14 | 29th July 2013 | |
Section 15(10) | 29th July 2013 | |
Section 19 | 25th June 2013 | |
Section 23 | 29th July 2013 | |
Section 25(1), (2) and (4) | 1st October 2013 | |
Section 27 | 1st October 2013 | |
Section 63 (partially) | 25th June 2013 | |
Section 63 (partially) | 1st October 2013 | |
Section 65 | 1st October 2013 | |
Sections 67 to 70 | 1st October 2013 | |
Section 72(1) | 25th June 2013 | |
Section 72(2) | 16th December 2013 | |
Section 72(3) | 16th December 2013 | |
Section 72(4) (partially) | 25th June 2013 | |
Section 72(4) (partially) | 1st October 2013 | |
Section 72(4) (partially, in relation to England only) | 1st October 2013 | |
Section 72(4) (partially, in relation to England only) | 16th December 2013 | |
Section 72(4) (partially) | 16th December 2013 | |
Section 72(4) (partially, in relation to England only) | 31st March 2014 | |
Section 73 (partially) | 1st October 2013 | |
Sections 79 to 82 | 1st October 2013 | |
Section 90(7) | 1st October 2013 | |
In Schedule 4— | ||
Paragraphs 1 to 18, 20 to 28, 29(1), 31, 32, 34, 35, 51 (partially), 52 (partially), 53 (partially), 59, 60, 61(1) to (4) and 62 to 65 | 1st October 2013 | |
In Schedule 17— | ||
Paragraphs 1 to 6 | 1st October 2013 | |
Paragraph 9 | 25th June 2013 | |
Paragraphs 10, 12 and 13 | 1st October 2013 | |
Paragraph 20 | 25th June 2013 | |
In Schedule 20— | ||
Paragraph 1 | 1st October 2013 | |
Paragraph 2 (partially) | 25th June 2013 | |
Paragraph 2 (partially, in relation to England only) | 1st October 2013 | |
Paragraph 2 (partially, in relation to England only) | 16th December 2013 | |
Paragraph 2 (partially) | 16th December 2013 | |
Paragraph 2 (partially, in relation to England only) | 31st March 2014 | |
In Schedule 21— | ||
Paragraph 5 | 1st October 2013 |