The Employment Rights Act 2025 (Enforcement) (Consequential Amendments) Regulations 2026

• Citation: S.I. 2026/302
• Sections: 15

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Employment Rights Act 2025 (Enforcement) (Consequential Amendments) Regulations 2026 and come into force on 7th April 2026.

(2) Any amendment made by these Regulations has the same extent as the provision amended.

Section 2 Amendments to the Conduct of Employment Agencies and Employment Businesses Regulations 2003

(1) The Conduct of Employment Agencies and Employment Businesses Regulations 2003 are amended as follows.

(2) In regulation 13A(3)(b)(iii) (key information document: employment businesses), for “section 8A of the Employment Agencies Act 1973” substitute “section 90 of the Employment Rights Act 2025” .

(3) In regulation 29(4) (records), for “section 9 of the Act” substitute “sections 96 or 97 of the Employment Rights Act 2025” .

Section 3 Amendments to the Gangmasters (Appeals) Regulations 2006

(1) The Gangmasters (Appeals) Regulations 2006 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) in the definition of “decision with immediate effect”, for “Authority” substitute “Secretary of State” ;

(b) in the definition of “decision document”, for “Authority”, substitute “Secretary of State” ;

(c) in the definition of “disputed decision”, for “Authority” substitute “Secretary of State” ;

(d) in the definition of “licence”, for “Authority” substitute “Secretary of State” .

(3) In regulation 5(1) (decisions which may be appealed and effect of appeal on licence), for “Authority” substitute “Secretary of State” .

(4) In regulation 7(2) (acknowledgement and notification of the appeal), for “Authority” substitute “Secretary of State” .

(5) In regulation 8(4) (amendment and withdrawal of the appeal and supporting documentation), for “Authority” substitute “Secretary of State” .

(6) In regulation 9 (reply by the Authority)—

(a) in the heading, for “Authority” substitute “Secretary of State” ;

(b) in paragraph (1), for “Authority”, in both places it occurs, substitute “Secretary of State” ;

(c) in paragraph (2)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “its” substitute “the” ;

(iii) for “it” substitute “the Secretary of State” ;

(d) in paragraph (3)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “it” substitute “the Secretary of State” .

(7) In regulation 10 (contents of the reply)—

(a) in the opening words, for “Authority’s” substitute “Secretary of State’s” ;

(b) in paragraph (a), for “Authority” substitute “Secretary of State” ;

(c) in paragraph (b), for “Authority” substitute “Secretary of State” ;

(d) in paragraph (c)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “Authority’s” substitute “Secretary of State’s” .

(8) In regulation 11 (action by Secretariat on receipt of reply)—

(a) in the opening words, for “Authority” substitute “Secretary of State” ;

(b) in paragraph (a)—

(i) for “Authority”, in both places it occurs, substitute “Secretary of State” ;

(ii) for “it” substitute “the Secretary of State” .

(9) In regulation 12 (amendment of the reply and supporting documentation)—

(a) in paragraph (1)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “its” substitute “the Secretary of State’s” ;

(b) in paragraph (2), for “Authority” substitute “Secretary of State” ;

(c) in paragraph (3), for “Authority” substitute “Secretary of State” .

(10) In regulation 15 (power to decide the appeal without an oral hearing)—

(a) in paragraph (2)(b)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “its” substitute “a” ;

(b) in paragraph (3), for “Authority” substitute “Secretary of State” .

(11) In regulation 16 (action by Secretariat in fixing a hearing date)—

(a) in paragraph (1), for “Authority’s” substitute “Secretary of State’s” ;

(b) in paragraph (3), for “Authority” substitute “Secretary of State” .

(12) In regulation 17(2) (procedure preliminary to oral hearing), for “Authority” substitute “Secretary of State” .

(13) In regulation 25(2) (delivery)—

(a) for “Authority” substitute “Secretary of State” ;

(b) for “its” substitute “the Secretary of State’s” .

Section 4 Amendments to the Gangmasters (Appeals) Regulations (Northern Ireland) 2006

(1) The Gangmasters (Appeals) Regulations (Northern Ireland) 2006 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “the Authority”;

(b) in the definition of “decision with immediate effect”, for “Authority” substitute “Secretary of State” ;

(c) in the definition of “decision document”, for “Authority” substitute “Secretary of State” ;

(d) in the definition of “disputed decision”, for “Authority” substitute “Secretary of State” ;

(e) in the definition of “licence”, for “Authority” substitute “Secretary of State” ;

(f) in the definition of “the parties”, for “Authority” substitute “Secretary of State” .

(3) In regulation 5(1) (decisions which may be appealed and effect of appeal on licence), for “Authority” substitute “Secretary of State” .

(4) In regulation 7(2) (acknowledgement and notification of the appeal), for “Authority” substitute “Secretary of State” .

(5) In regulation 8(4) (amendment and withdrawal of the appeal and supporting documentation), for “Authority” substitute “Secretary of State” .

(6) In regulation 9 (reply by the Authority)—

(a) in the heading, for “Authority” substitute “Secretary of State” ;

(b) in paragraph (1), for “Authority”, in both places it occurs, substitute “Secretary of State” ;

(c) in paragraph (2)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “its” substitute “the” ;

(iii) for “it” substitute “the Secretary of State” ;

(d) in paragraph (3)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “it” substitute “the Secretary of State” .

(7) In regulation 10 (contents of the reply)—

(a) in the opening words, for “Authority’s” substitute “Secretary of State’s” ;

(b) in paragraph (a), for “Authority” substitute “Secretary of State” ;

(c) in paragraph (b), for “Authority” substitute “Secretary of State” ;

(d) in paragraph (c)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “Authority’s” substitute “Secretary of State’s” .

(8) In regulation 11 (action by Secretariat on receipt of reply)—

(a) for “Authority”, in each place it occurs, substitute “Secretary of State” ;

(b) in paragraph (a), for “it” substitute “the Secretary of State” .

(9) In regulation 12 (amendment of the reply and supporting documentation)—

(a) in paragraph (1)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “its” substitute “the” ;

(b) in paragraph (2), for “Authority” substitute “Secretary of State” ;

(c) in paragraph (3), for “Authority” substitute “Secretary of State” .

(10) In regulation 15 (power to decide the appeal without an oral hearing)—

(a) in paragraph (2)(b)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) for “its” substitute “a” ;

(b) in paragraph (3), for “Authority” substitute “Secretary of State” .

(11) In regulation 16 (action by Secretariat in fixing a hearing date)—

(a) in paragraph (1), for “Authority’s” substitute “Secretary of State’s” ;

(b) in paragraph (3), for “Authority” substitute “Secretary of State” .

(12) In regulation 17(2) (procedure preliminary to oral hearing), for “Authority” substitute “Secretary of State” .

(13) In regulation 25(2) (delivery)—

(a) for “Authority” substitute “Secretary of State” ;

(b) for “its” substitute “the Secretary of State’s” .

Section 5 Amendment to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007

In the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 , in Column 1 of the Schedule to the Order, omit the entry for “The Gangmasters Labour and Abuse Authority”.

Section 6 Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

In the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 , in Part 1 of the Schedule to the Order, omit the entry for the “Gangmasters Labour and Abuse Authority”.

Section 7 Amendments to the Gangmasters (Licensing Conditions) Rules 2009

(1) The Gangmasters (Licensing Conditions) Rules 2009 are amended as follows.

(2) In rule 3 (application for a licence)—

(a) in paragraph (1), for “Authority”, in both places it occurs, substitute “Secretary of State” ;

(b) in paragraph (3)—

(i) for “Authority” substitute “Secretary of State” ;

(ii) in sub-paragraph (a)—

(aa) for “Authority” substitute “Secretary of State” ;

(bb) for “its” substitute “the Secretary of State’s” ;

(iii) in sub-paragraph (b)—

(aa) for “Authority” substitute “Secretary of State” ;

(bb) for “its” substitute “the Secretary of State’s” ;

(c) in paragraph (4), for “Authority” substitute “Secretary of State” .

(3) In rule 4(3) (licence conditions), for “Authority” substitute “Secretary of State” .

(4) In rule 6(1) (fees), for “Authority” substitute “Secretary of State” .

(5) In the Schedule (licence conditions)—

(a) in paragraph 5 (obligation to provide information)—

(i) in sub-paragraph (1), for “Authority” substitute “Secretary of State” ;

(ii) in sub-paragraph (2), for “Authority” substitute “Secretary of State” ;

(iii) in sub-paragraph (3), for “Authority” substitute “Secretary of State” ;

(iv) in sub-paragraph (4), for “or compliance officer” substitute “, enforcement officer appointed under section 90 of the Employment Rights Act 2025 or the Secretary of State” ;

(b) in paragraph 6 (inspection of the business), for “Authority” substitute “Secretary of State” ;

(c) in paragraph 25 (general provisions relating to records), for “Authority” substitute “Secretary of State” .

Section 8 Amendments to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

(1) The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 is amended as follows.

(2) In Part 1 of the Schedule (offices etc. and restrictions in respect of public authorities specified in Part 1 of Schedule 1 to the Act)—

(a) in the entry for the Department for Business and Trade—

(i) in column (2) of the table, after “An investigating officer in the Insolvency Service at Grade 7 or above”, insert “An enforcement officer appointed under section 90 of the Employment Rights Act 2025, at or above the grade of senior executive officer” ;

(ii) in the corresponding entry in column (3) of the table, insert “-” ;

(iii) in the corresponding entry in column (4) of the table, insert “Paragraph (b)” ;

(b) omit the entry for “The Gangmasters and Labour Abuse Authority”.

Section 9 Amendments to the Gangmasters Licensing (Exclusions) Regulations (Northern Ireland) 2014

In the Gangmasters Licensing (Exclusions) Regulations (Northern Ireland) 2014 , in regulation 2(1) (interpretation)—

(a) omit the definition of “the Authority”;

(b) in the definition of “licence”, for “Authority” substitute “Secretary of State” .

Section 10 Amendments to the Economic Growth (Regulatory Functions) Order 2017

(1) The Economic Growth (Regulatory Functions) Order 2017 is amended as follows.

(2) In Part 1 of the Schedule to the Order—

(a) omit “Gangmasters and Labour Abuse Authority”;

(b) after the entry for Traffic Commissioners, insert—

The Secretary of State under or by virtue of the labour market legislation listed in Part 1 of Schedule 7 to the Employment Rights Act 2025

Section 11 Amendment to the Trade Union (Facility Time Publication Requirements) Regulations 2017

In the Trade Union (Facility Time Publication Requirements) Regulations 2017 , in Part 5 of Schedule 1 to the Regulations (public authorities), omit paragraph 102.

Section 12 Amendment to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

In the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 , in Schedule 2 to the Regulations (public authorities required to publish information), omit “The Gangmasters and Labour Abuse Authority.”

Section 13 Amendments to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021

(1) The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021 is amended as follows.

(2) In table 1 in Part 1 of Schedule 1 (Part 2 of the 2002 Act: confiscation: England and Wales)—

(a) in column 2 of the entry for section 42(2)(c) (applications for restraint orders), in paragraph (c), omit sub-paragraph (xi);

(b) in column 2 of the entry for section 68(3)(c) (authorisation for applications and appeals under Part 2), in paragraph (b), omit sub-paragraph (xi).

(3) In table 2 in Part 2 of Schedule 1 (Part 4 of the 2002 Act: confiscation: Northern Ireland)—

(a) in column 2 of the entry for section 191(2)(c) (application for restraint orders) in paragraph (c)—

(i) after sub-paragraph (ii) insert—

(iia) the Department for Business and Trade;

(ii) omit sub-paragraph (xi);

(b) in column 2 of the entry for section 216(3)(c) (authorisation for applications and appeals under Part 4), in paragraph (b)—

(i) after sub-paragraph (ii) insert—

(iia) the Department for Business and Trade and is at or above the grade of senior executive officer;

(ii) omit sub-paragraph (xi).

(4) In table 3 in Part 3 of Schedule 1 (Part 5 of the 2002 Act: civil recovery of the proceeds etc. of unlawful conduct)—

(a) in column 2 of the entry for Chapter 3 of Part 5—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade;

(bb) omit paragraph (x);

(b) in column 2 of the entry for section 290(4)(c) (prior approval for search of cash)—

(i) in the paragraph relating to England and Wales, omit sub-paragraph (j);

(ii) in the paragraph relating to Northern Ireland—

(aa) after sub-paragraph (a) insert—

(aa) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit sub-paragraph (j);

(c) in column 2 of the entry for section 297A(6)(c) (forfeiture notice: senior officer)—

(i) in the paragraph relating to England and Wales, omit sub-paragraph (j);

(ii) in the paragraph relating to Northern Ireland—

(aa) before sub-paragraph (a) insert—

(za) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit sub-paragraph (f);

(d) in column 2 of the entry for section 303C(9)(d), section 303L(5)(d) and section 303O(2)(d) (recovery of listed assets under Part 5, Chapter 3A: general)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade;

(bb) omit paragraph (x);

(e) in column 2 of the entry for section 303E(4)(f) (recovery of listed assets under Part 5, Chapter 3A: senior officers)—

(i) in the paragraph relating to England and Wales, omit sub-paragraph (j);

(ii) in the paragraph relating to Northern Ireland—

(aa) after sub-paragraph (a) insert—

(aa) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit sub-paragraph (j);

(f) in column 2 of the entry for section 303Z1(6) and section 303Z14(3)(d) (freezing and forfeiture of money in accounts under Part 5, Chapter 3B: general)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade;

(bb) omit paragraph (x);

(g) in column 2 of the entry for section 303Z2(4)(e) (freezing of money in accounts under Part 5, Chapter 3B: senior officers)—

(i) in the paragraph relating to England and Wales, omit sub-paragraph (j);

(ii) in the paragraph relating to Northern Ireland—

(aa) after sub-paragraph (a) insert—

(aa) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit sub-paragraph (j);

(h) in column 2 of the entry for sections 303Z20(4)(a)(iv), 303Z57(7)(a)(iv) and 303Z58(6)(a)(iv) (cryptoassets and converted cryptoassets: searches, seizure, detention, freezing and conversion under Chapters 3C, 3D and 3F of Part 5: general)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (xiii);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade;

(bb) omit paragraph (x);

(i) in column 2 of the entry for section 303Z20(4)(b)(v) (cryptoassets: searches, seizure, detention and freezing under Chapters 3C and 3D of Part 5: senior officers)—

(i) in the paragraph relating to England and Wales, omit sub-paragraph (m);

(ii) in the paragraph relating to Northern Ireland—

(aa) after sub-paragraph (a) insert—

(aa) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit sub-paragraph (j);

(j) in column 2 of the entry for sections 303Z41 and 303Z60 (forfeiture of cryptoassets and converted cryptoassets)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (xiii);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade;

(bb) omit paragraph (x).

(5) In table 4 in Part 4 of Schedule 1 (Part 7 of the 2002 Act: money laundering)—

(a) in column 2 of the entry for section 336D(7)(h) (senior officer for the purposes of section 336A (application to the court to extend the moratorium period))—

(i) in the paragraph relating to England and Wales, omit sub-paragraph (k);

(ii) in the paragraph relating to Northern Ireland—

(aa) after sub-paragraph (b) insert—

(ba) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit sub-paragraph (k).

(6) In table 5 in Part 5 of Schedule 1 (Chapter 2 of Part 8 of the 2002 Act: investigations)—

(a) in column 2 of the entry for sections 352(5)(c), (ca) and (cb), and 353(10)(c), (ca) and (cb) (search and seizure warrants)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (ii) insert—

(iia) the Department for Business and Trade;

(bb) omit paragraph (xi);

(b) in column 2 of the entry for section 378(1)(b) (confiscation investigations: appropriate officers)—

(i) in the paragraph relating to England and Wales, omit sub-paragraph (k);

(ii) in the paragraph relating to Northern Ireland—

(aa) after sub-paragraph (b) insert—

(ba) the Department for Business and Trade;

(bb) omit sub-paragraph (k);

(c) in column 2 of the entry for section 378(2)(d) (confiscation investigations: senior appropriate officers)—

(i) in the paragraph relating to England and Wales, omit sub-paragraph (k);

(ii) in the paragraph relating to Northern Ireland—

(aa) after sub-paragraph (b) insert—

(ba) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit sub-paragraph (k);

(d) in column 2 of the entry for section 378(3A)(ab) (detained cash investigations: appropriate officers)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade;

(bb) omit paragraph (x);

(e) in column 2 of the entry for section 378(3AA)(b) (detained cash investigations: senior appropriate officers)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit paragraph (x);

(f) in column 2 of the entry for section 378(3C)(c) (detained property investigations: appropriate officers)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade;

(bb) omit paragraph (x);

(g) in column 2 of the entry for section 378(3D)(c) (detained property investigations: senior appropriate officers)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit paragraph (x);

(h) in column 2 of the entry for section 378(3E)(c) (frozen funds investigations: appropriate officers)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade;

(bb) omit paragraph (x);

(i) in column 2 of the entry for section 378(3F)(c) (frozen funds investigations: senior appropriate officers)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (x);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (i) insert—

(ia) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit paragraph (x);

(j) in column 2 of the entry for section 378(4)(a) (money laundering investigations: appropriate officers)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (xi);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (ii) insert—

(iia) the Department for Business and Trade;

(bb) omit paragraph (xi);

(k) in column 2 of the entry for section 378(6)(c) (money laundering investigations: senior appropriate officers)—

(i) in the paragraph relating to England and Wales, in sub-paragraph (b), omit paragraph (xi);

(ii) in the paragraph relating to Northern Ireland, in sub-paragraph (b)—

(aa) after paragraph (ii) insert—

(iia) the Department for Business and Trade and is at or above the grade of senior executive officer;

(bb) omit paragraph (xi).

Section 14 Amendment to the Register of Overseas Entities (Disclosure and Dispositions) Regulations 2023

In the Register of Overseas Entities (Disclosure and Dispositions) Regulations 2023 , omit paragraph 13 of the Schedule (specified persons).

Section 15 Amendment to the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024

In the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024 , omit paragraph 102 of Part 5 of the Schedule.