The Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024

• Citation: S.I. 2024/143
• Sections: 212

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024.

(2) These Regulations come into force on 9th May 2024.

(3) These Regulations extend to England and Wales and Scotland.

(4) In these Regulations “ the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992.

Section 2 Persons deemed to be public authorities

Any body or other person which—

(a) is listed, or of a description listed, in the Schedule, and

(b) is not a public authority,

is to be treated as a public authority for the purposes of section 116B of the 1992 Act.

Section 3 Crown employees: entity to be treated as an employer

For the purposes of section 116B of the 1992 Act, a public authority that is an emanation of the Crown is to be treated as the employer of a person who is employed by the Crown under or for the purposes of that authority.

Section 4 Relevant public sector employers

The following are specified as relevant public sector employers for the purposes of section 116B of the 1992 Act—

(a) any department of the Government of the United Kingdom, other than the Secret Intelligence Service, the Security Service and the Government Communications Headquarters;

(b) the Scottish Ministers;

(c) any public authority specified, or of a description specified, in the Schedule;

(d) any body or other person which is to be treated as a public authority for the purposes of section 116B of the 1992 Act in accordance with regulation 2.

Section 5 Consequential modification of contracts of employment and collective agreements

(1) A relevant document is to be treated, on and after 9th May 2024, as if it prohibited any deduction from workers’ wages in respect of trade union subscriptions otherwise than in accordance with section 116B(1) of the 1992 Act (restrictions on deductions of union subscriptions from wages in the public sector).

(2) Nothing in this regulation affects—

(a) any right or obligation arising in connection with anything done, or any omission made, before 9th May 2024, or

(b) the enforcement of any such right or obligation.

(3) In this regulation “ relevant document ” means a contract of employment or a collective agreement which, immediately before 9th May 2024, contained a provision permitting or requiring a specified public sector employer to make deductions from its workers’ wages in respect of trade union subscriptions.

(4) For the purposes of paragraph (3) “ specified public sector employer ” means any person or other body specified in regulation 4.

Section 1

A county council or district council in England.

Section 2

The Greater London Authority .

Section 3

A London borough council.

Section 4

The Common Council of the City of London.

Section 5

The Council of the Isles of Scilly.

Section 6

A parish council in England.

Section 7

An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 .

Section 8

A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

Section 9

A council constituted by section 2 of the Local Government etc. (Scotland) Act 1994 .

Section 10

A joint board, within the meaning of section 235(1) of the Local Government (Scotland) Act 1973 .

Section 11

A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 , or a scheme to which section 4 of that Act applies, for an area in England.

Section 12

A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 .

Section 13

A joint fire authority established under Part 4 of the Local Government Act 1985 .

Section 14

A body corporate established by an order under section 67 of the Local Government Act 1985.

Section 15

The London Fire Commissioner .

Section 16

The Scottish Fire and Rescue Service .

Section 17

An internal drainage board, which is continued in being by virtue of section 1 of the Land Drainage Act 1991 , for an area in England.

Section 18

Transport for London .

Section 19

The London Transport Users’ Committee .

Section 20

(1) A Passenger Transport Executive for—

(a) an area in England which is an integrated transport area for the purposes of Part 2 of the Transport Act 1968 , or

(b) a passenger transport area for the purposes of that Part of that Act.

(2) In this paragraph “ Passenger Transport Executive ”, in relation to an integrated transport area in England or a passenger transport area, means the body which is the Executive in relation to that area for the purposes of Part 2 of the Transport Act 1968.

Section 21

The Passengers’ Council .

Section 22

A Transport Partnership created under section 1 of the Transport (Scotland) Act 2005 .

Section 23

A sub-national transport body established under section 102E of the Local Transport Act 2008 .

Section 24

A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in England.

Section 25

A National Park authority established by virtue of section 7(1)(b) of the National Parks (Scotland) Act 2000 .

Section 26

The Broads Authority .

Section 27

A conservation board established under section 86 of the Countryside and Rights of Way Act 2000 in respect of an area of outstanding natural beauty in England.

Section 28

NHS England .

Section 29

An integrated care board established under section 14Z25 of the National Health Service Act 2006 .

Section 30

An NHS trust established under section 25 of the National Health Service Act 2006 .

Section 31

A Special Health Authority established under section 28 of the National Health Service Act 2006.

Section 32

An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

Section 33

A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 .

Section 34

A Special Health Board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978.

Section 35

The Common Services Agency for the Scottish Health Service .

Section 36

Healthcare Improvement Scotland .

Section 37

The governing body of—

(a) a foundation school in England,

(b) a voluntary aided school in England, or

(c) a foundation special school in England.

Section 38

The proprietor (within the meaning given in section 579(1) of the Education Act 1996 ) of—

(a) an Academy school (within the meaning given in section 1A of the Academies Act 2010 );

(b) a 16 to 19 Academy (within the meaning given in section 1B of that Act);

(c) an alternative provision Academy (within the meaning given in section 1C of that Act).

Section 39

(1) The governing body of an institution within the further education sector in England.

(2) In this paragraph—

(a) “governing body” is to be interpreted in accordance with subsection (1) of section 90 of the Further and Higher Education Act 1992 but without regard to subsection (2) of that section ;

(b) the reference to an institution within the further education sector is to be construed in accordance with section 91(3) of that Act.

Section 40

(1) The governing body of—

(a) a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of section 39(1) of the Higher Education and Research Act 2017 (a “relevant provider”), or

(b) any college, school, hall or other institution of a relevant provider.

(2) In this paragraph—

(a) “governing body” is to be interpreted in accordance with subsection (1) of section 90 of the Further and Higher Education Act 1992 but without regard to subsection (2) of that section;

(b) “ registered higher education provider ” has the meaning given by section 3(10) of the Higher Education and Research Act 2017;

(c) “ college ” includes any institution in the nature of a college.

Section 41

(1) The manager of a central institution.

(2) In this paragraph “central institution” and “manager” have the meanings given in section 135 of the Education (Scotland) Act 1980 .

Section 42

(1) The governing body of an institution in receipt of funding from the Scottish Further and Higher Education Funding Council or a regional strategic body.

(2) In this paragraph—

“ governing body ” has the meaning given by section 35(2) of the Further and Higher Education (Scotland) Act 2005 ;

“ regional strategic body ” has the meaning given by section 7B(1)(a) of that Act .

Section 43

A police and crime commissioner .

Section 44

A chief officer of a police force in England and Wales.

Section 45

The British Transport Police Authority .