The Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014

• Citation: S.I. 2014/253
• Sections: 5

Section 1 Citation

This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014.

Section 2 Provisions coming into force on 6th March 2014

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.

Section 3 Provisions coming into force on 6th April 2014

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).

Section 4 Transitional and saving provisions

(1) The requirement in section 18A(1) of the Employment Tribunals Act 1996 (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.

Section 5 Transitional and saving provisions

(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) of the Employment Tribunals Act 1996 on or before 5th April 2014.

(2) The omission of section 18(3) and (5) 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.