UKPGA-1989-38 Employment Act 1989 UK

any specified arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State as respects employment and training) or under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements by Scottish Enterprise and Highlands and Islands Enterprise in connection with training etc.), or

any specified class or description of training for employment provided otherwise than in pursuance of that section either of those sections, or

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whether it is afforded by the making of any payment or by the fixing of special conditions for participation in the arrangements, training or scheme in question, or otherwise, and

whether it is afforded by the Secretary of State or by some other person;

“employment” and “training” have the same meaning as in the Employment and Training Act 1973; and

“couple” has the meaning given by section 39(1) of the Welfare Reform Act 2012; and

“lone parent” means a person who—

the enactments listed in Part I of Schedule 3 (which impose prohibitions or requirements with respect to the hours of employment and holidays of young persons and with respect to related matters), and

the enactments listed in Part II of that Schedule (which impose other prohibitions or requirements for, or in connection with, regulating the employment of young persons),

repeal or amend any statutory provision in consequence of subsection (1) or (2);

repeal any statutory provision relating to the employment of persons, or any class of persons, who have not attained the age of 18 or (as the case may be) some specified lower age of not less than 16;

amend any statutory provision falling within paragraph (b) and framed by reference to a specified age expressed as a number of years so that it is instead framed by reference to school-leaving age;

repeal any statutory provision appearing to the Secretary of State to be unnecessary in view of any other such provision, being a provision relating to the employment of persons under school-leaving age.

the employment of such persons, and

the employment of persons over that age,

in relation to England and Wales, the upper limit of compulsory school age (construed in accordance with section 8 of the Education Act 1996);

in relation to Scotland, the upper limit of school age for the purposes of the Education (Scotland) Act 1980; and

in relation to Northern Ireland, the upper limit of compulsory school age for the purposes of the Education and Libraries (Northern Ireland) Order 1986; and“statutory provision means a provision of an Act or of subordinate legislation (and references to the repeal of a statutory provision shall be construed accordingly).

a Sikh who is at a workplace is for the time being wearing a turban, and

(apart from this section) any associated requirement would, by virtue of any statutory provision or rule of law, be imposed—in connection with the wearing by the Sikh of a safety helmet,

he shall not be liable in tort to any person in respect of any injury, loss or damage caused by his failure to comply with that requirement; and

in Scotland no action for reparation shall be brought against him by any person in respect of any such injury, loss or damage.

does not comply with any requirement to wear a safety helmet, being a requirement which for the time being does not apply to him by virtue of subsection (1), and

in consequence of any act or omission of some other person sustains any injury, loss or damage which is to any extent attributable to the fact that he is not wearing a safety helmet in compliance with the requirement,

the act or omission referred to in subsection (5) causes the death of the Sikh, and

the Sikh would have sustained some injury (other than loss of life) in consequence of the act or omission even if he had been wearing a safety helmet in compliance with the requirement in question,

works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and

is at the workplace—

is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and

is at the workplace—

any reference to a Sikh is a reference to a follower of the Sikh religion; and

any reference to a Sikh being at a workplace is a reference to his being there whether while at work or otherwise.

any person applies to a Sikh any provision, criterion or practice relating to the wearing by him of a safety helmet while he is at a workplace, and

at the time when he so applies the provision, criterion or practice that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when at such a workplace,

by terminating such of the appointments of its existing members as would otherwise expire after that time, and

by making fresh appointments to it, as from that time, in accordance with the provisions substituted by subsection (1) above.

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

shall be subject to annulment in pursuance of a resolution of either House.

an Order in Council under paragraph 1(1)(b) of Schedule 1 to the said Act of 1974 which states that it is made only for purposes corresponding to section 1, 2, 6 or 10(3) to (6) of this Act, or

any statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 made under such an Order as is mentioned in paragraph (a),

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an order under section 30,

sections 10(1) and (2) and 29(3) and (4) and Schedules 3, 6 and 7 so far as they amend or repeal any enactment which extends to Northern Ireland (other than an enactment contained in the Celluloid and Cinematograph Film Act 1922);

section 10(6);

paragraph 2 of Schedule 5 and section 22(5) so far as relating thereto;

section 27 (which extends only to Northern Ireland); and

this section.

Section 61 of the Factory and Workshop Act 1901, as set out in Schedule 5 to the Factories Act 1961.

Section 205 of the Public Health Act 1936.

Sections 74, 128 and 131 of the Factories Act 1961.

Regulation 3 of the Regulations dated 21st January 1907 (Manufacture of paints and colours).

Regulation 10 of the Regulations dated 12th August 1911 (Smelting of materials containing lead, the manufacture of red or orange lead, and the manufacture of flaked litharge).

Regulation 1 of the Indiarubber Regulations 1922.

Regulation 1(ii) of the Electric Accumulator Regulations 1925.

Regulation 6(1)(i) to (vi) of the Pottery (Health and Welfare) Special Regulations 1950.

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Article 20(8) of the Air Navigation Order 1985 so far as relating to pregnancy.

Paragraph 118 of the Approved Code of Practice relating to the Control of Lead at Work Regulations 1980 (approved under section 16 of the Health and Safety at Work etc. Act 1974).

The following provisions of the medical standards contained in Merchant Shipping Notice No. M 1331 (issued for the purposes of Regulation 7 of the Merchant Shipping (Medical Examination) Regulations 1983), namely—

Part X so far as relating to gynaecological conditions, and

Part XI.

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In each of the following provisions, namely—for “sanitary convenience provided at the mine for the use of females” substitute “ water closet provided at the mine above ground ”.

In Regulation 13(1) of the Quarries (Ropeways and Vehicles) Regulations 1958, for “, other than a male person who has attained” substitute “ under ”.

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In section 1 (obligation of employer to keep register of young persons employed in industrial undertaking), for subsection (4) substitute—

In section 20 (street trading)—

for subsection (1) substitute—;

in subsection (2), for the words from “regulating” to “eighteen years,” substitute “ authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ”; and

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In section 21(3) (penalties and legal proceedings in respect of general provisions as to employment), for “person under the age of eighteen years” substitute “ child ”.

In section 23 (prohibition on persons under 16 taking part in performances endangering life and limb)—

for “person under the age of sixteen years” substitute “ child ”; and

for “such a person” substitute “ a child ”.

In section 24 (restrictions on training for performances of a dangerous nature)—

in subsection (1)—

in subsection (2), for “person who has attained the age of twelve years but is under the age of sixteen years” substitute “ child who has attained the age of twelve years ”.

In section 25 (restriction on persons under 18 going abroad for the purpose of performing for profit)—

in subsection (1), for “person under the age of eighteen years”, in both places where those words occur, and for “person under that age” substitute “ child ”; and

in subsection (2), for “person who has attained the age of fourteen years but is under the age of eighteen years” substitute “ child who has attained the age of fourteen years ”.

In section 26 (punishment of contraventions of section 25, etc.)—

in subsection (1), for “the person” substitute “ the child in question ”; and

in subsection (2)—

In section 30 (interpretation of provisions about the employment of children)—and the existing provisions of that section (as amended by sub-paragraph (a) above) shall accordingly constitute subsection (1) of that section.

after “made thereunder—” insert—; and

at the end of that section add the following subsection—;

In section 30 (street trading)—

for subsection (1) substitute—; and

in subsection (2), for the words from “regulating” to “eighteen years,” substitute “ authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ”.

In section 31(3) (penalties and legal proceedings in respect of general provisions as to employment), for “person under the age of eighteen years” substitute “ child ”.

In section 33 (prohibition on persons under 16 taking part in performances endangering life and limb)—

for “person under the age of sixteen years” substitute “child”; and

for “such a person” substitute “a child”.

In section 34 (restrictions on training for performances of a dangerous nature)—

in subsection (1)—

in subsection (2), for “person who has attained the age of twelve years but is under the age of sixteen years” substitute “ child who has attained the age of twelve years ”.

In section 37 (interpretation of provisions about the employment of children), after “made thereunder—” insert—.

In section 117(1) (exemptions from provisions regulating hours of employment), for “of or over the age of sixteen” substitute “ (other than children) ”.

In section 2(1) (power of industrial training boards to delegate functions to committees with approval of Training Commission), for “Commission” substitute “ Secretary of State ”.

For section 3 substitute—

for “Commission for its”, in both places where those words occur, substitute “ Secretary of State for his ”; and

for “Commission and approved by it” substitute “ Secretary of State and approved by him ”.

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for the words from “Commission may” to “State,” substitute “ Secretary of State may ”; and

for the words from “Commission considers” to “purposes of its” substitute “ Secretary of State considers that he needs for the purposes of his ”.

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for “Commission for the Commission’s approval” substitute “ Secretary of State ”; and

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In section 12(1) (information to be included in levy proposals)—

for “Commission” substitute “ Secretary of State ”; and

for “the Secretary of State” substitute “ him ”.

for “Commission” substitute “ Secretary of State ”; and

for “to it” substitute “ to him ”.

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for “Commission”, in the first place where it occurs, substitute “ Secretary of State ”; and

for “the Commission”, in the second place where those words occur, substitute “ he ”.

for “Commission”, in the first place where it occurs, substitute “ Secretary of State ”; and

for “the Commission”, in the second place where those words occur, substitute “ him ”.

In this Schedule—“the 1982 Act” means the Industrial Training Act 1982;“the 1988 Order” means the Training Commission (Incidental and Transitional Provisions) Order 1988;“the Commission” means the Training Commission; and“the relevant Minister” (subject to paragraph 5(3) of this Schedule) means—

in relation to any function of the Commission, the Secretary of State; and

in relation to any property, right or liability of the Commission, the Secretary of State for Employment.

by the Secretary of State for Employment (whether as such or as the Secretary of State for Employment and Productivity), or

by the Minister of Labour in connection with matters which, on that date, fall within the responsibilities of the Secretary of State for Employment,

where the Commission is a party to it, the relevant Minister were substituted as that party,

for any reference to the Commission (including any reference which is to be construed as such a reference) there were substituted a reference to the relevant Minister,

for any reference (however worded and whether express or implied) to the chairman or deputy chairman or any member of the Commission (including any reference which is to be construed as such a reference) there were substituted a reference to such officer or officers as the relevant Minister shall appoint for the purpose, and

for any reference to the office or place of business of the Commission (including any reference which is to be construed as such a reference) there were substituted a reference to the principal office of the relevant Minister.

the Commission’s function of making payments in respect of preserved pensions, or

any liability in respect of such pensions which is transferred by section 22(3) of this Act,

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Where anything done by the Commission before the date on which this Act is passed for the purposes of any provision of the 1982 Act required the approval of the Secretary of State, it shall not have effect by virtue of paragraph 3(1) of this Schedule as if done by the Secretary of State unless it was done with his approval.

It is hereby declared for the avoidance of doubt that where before the date on which this Act is passed—the proposals shall not by virtue of paragraph 3(1) of this Schedule be taken to have been approved by the Secretary of State.

levy proposals were approved by the Commission under section 11(1) of the 1982 Act, or

proposals for the issue of exemption certificates were approved by the Commission under section 13 of the 1982 Act,

any direction of the Commission given before that date under section 15(1) shall have effect as if given by the Secretary of State under section 15(1) (as so amended),

any direction of the Commission given before that date under section 15(2) or (3) shall have effect as if given by the Secretary of State under section 15(2) (as so amended),

any proposals submitted to the Commission before that date in pursuance of a direction under section 15(1) shall be taken to have been submitted to the Secretary of State in pursuance of a direction given by him under section 15(1) (as so amended), and

any proposals submitted to the Commission before that date in pursuance of a direction under section 15(2) or (3) shall be taken to have been submitted to the Secretary of State in pursuance of a direction given by him under section 15(2) (as so amended).

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Any provisions of the 1988 Order having effect immediately before the date on which this Act is passed shall continue in force notwithstanding the repeal by this Act of provisions of Schedule 2 to the Employment Act 1988.

In section 1(6) (enforcement of restrictions on employment of women etc.)—

for paragraph (a) substitute—; and

in paragraph (c), for “young person” substitute “ person under the age of sixteen years ”.

In section 4 (interpretation), in the definition of industrial undertaking, for the words from “with respect” to “Parts I, II” substitute “ the meaning assigned to it by Part I ”.

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In section 176(5) (application of provisions of Act to young persons employed outside factories) for the words from “the provisions” to “expressly provided,” substitute “section 119 of this Act shall not apply”.

In section 41(1) (licences for training persons between 12 and 16 for performances of a dangerous nature), for “persons under the age of sixteen” substitute “ children ”.

In section 42(1) (licences for children and young persons performing abroad), for “persons under eighteen” substitute “ children ”.

for “said Act of 1947” substitute “ Statistics of Trade Act 1947 ”;

omit paragraphs (a) and (b);

for paragraph (c) substitute—;

in paragraph (e), omit “or the Commission” wherever occurring; and

in paragraph (f), omit the words from “to a person” to “acting jointly,”.

In section 16(2)(b) (discrimination in provision of facilities or services under section 2 of the Employment and Training Act 1973), for “body” substitute “ Secretary of State ”.

In section 11(6) (disclosure of certain information)—

omit the words from “, the Training Commission” to “Training Services Agency”; and

for “Commission and Agencies” substitute“ Secretary of State ”.

In section 24(6) (disclosure of certain information)—

omit the words from “, the Training Commission” to “Training Services Agency”; and

for “Commission and Agencies” substitute “ Secretary of State ”.

In section 15(2)(b) (discrimination in provision of facilities or services under section 2 of the Employment and Training Act 1973), for “body” substitute “ Secretary of State ”.

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In paragraph 6 of Schedule 1 (persons entitled to vote in connection with a levy), for the words from “sub-paragraph (a)” to “that sub-paragraph” substitute “ sub-paragraph (1)(b) of paragraph 3 above ”.

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Nothing in section 3 of this Act shall render unlawful any act done by any person if—

it was done before the commencement of that section, or

it was done before the commencement of section 9(3) of this Act and it was necessary for him to do it in order to comply with section 124(1) of the Mines and Quarries Act 1954.

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