Statutory Instruments
2000 No. 1443

TERMS AND CONDITIONS OF EMPLOYMENT
The Employment Code of Practice (Access to Workers during Recognition and Derecognition Ballots) Order 2000

Made
26th May 2000

Laid before Parliament
2nd June 2000

Coming into force
6th June 2000

Whereas—
(1) under section 203(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992(1) (referred to in these recitals as “the 1992 Act”) the Secretary of State may issue Codes of Practice containing such practical guidance as he thinks fit for the purpose of promoting the improvement of industrial relations;
(2) under paragraphs 26(8)(b) and 118(8)(b) of Schedule A1 to the 1992 Act(2) the Secretary of State’s power under section 203(1)(a) of that Act includes power to issue Codes of Practice about reasonable access for the purposes of, respectively, paragraphs 26(3) and 118(3) of that Schedule;
(3) in pursuance of section 203(1) of the 1992 Act the Secretary of State proposed to issue a Code of Practice on Access to Workers during Recognition and Derecognition Ballots;
(4) in pursuance of section 204(1) of the 1992 Act, the Secretary of State, after consultation with the Advisory, Conciliation and Arbitration Service, prepared and published in draft a Code of Practice on Access to Workers during Recognition and Derecognition Ballots (“the draft Code”);
(5) in pursuance of section 204(1) of the 1992 Act, the Secretary of State considered representations made to him about the draft Code and modified the draft accordingly;
(6) in pursuance of section 204(2) of the 1992 Act, the Secretary of State laid the draft Code before both Houses of Parliament, the draft Code was approved by resolution of each House of Parliament and the Secretary of State is issuing the Code of Practice on Access to Workers during Recognition and Derecognition Ballots in the form of that draft;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 204(3) of the Trade Union and Labour Relations (Consolidation) Act 1992, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Employment Code of Practice (Access to Workers during Recognition and Derecognition Ballots) Order 2000 and comes into force on 6th June 2000.

Appointed date for code of practice

2.  The day appointed for the coming into effect of the Code of Practice on Access to Workers during Recognition and Derecognition Ballots issued by the Secretary of State pursuant to section 203 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the draft of which was laid before both Houses of Parliament on 8th May 2000 and approved by a resolution of the House of Commons on 23rd May 2000 and of the House of Lords on 22nd May 2000) is 6th June 2000.

Alan Johnson,
Parliamentary Under Secretary of State for Competitiveness,
Department of Trade and Industry
26th May 2000

Explanatory Note

(This note is not part of the Order)
This Order brings into force, on 6th June 2000, the Code of Practice on Access to Workers during Recognition and Derecognition Ballots, which is issued by the Secretary of State under section 204(2) of the Trade Union and Labour Relations (Consolidation) Act 1992.


(1)
1992 c. 52.

(2)
Schedule A1 was inserted by section 1 of the Employment Relations Act 1999 (1999 c. 26). It makes provision relating to trade union recognition for collective bargaining. It includes provisions relating to access to workers in connection with trade union recognition and derecognition ballots.