Page can be viewed in other languages:
English
Home Home Contact Us Contact Us Incorporation FAQ FAQ Incorporation News News

  • Office
  • Address
  • Contact
RELATED SERVICES
BANKING SERVICES
WE ACCEPT
 
 
Acceptance Mark
Secured by SSL

Member of the Federation of Small Businesses
E-mail us info@ukincorp.co.uk Request a call-back Call Us (UK): 44 (0) 207.935.5171 / 0330.808.0089
testing
  1. E-quick package
  2. Economy package
  3. Premier package
  4. Deluxe package
If you are thinking about setting up a business, and need it done quickly and easily with no additional requirements, then this package is the perfect choice.
This package is a cheap and efficient way to begin business, and includes the provision of a registered office address in London for the duration of one year.
This package is a not expensive and efficient way to begin business, and includes the provision of a registered office address in London and a nominee secretary for the duration of one year.
This package is one of the most cost effective and the efficient way to start a UK company, which includes a registered office address in London, a nominee secretary, and a nominee director for the duration of one year.
E-quick*
£32.00
Economy
£82.00
Premier
£207.00
Deluxe
£557.00
Private company limited by shares
No Annual Charges
Private company limited by shares
Annual Fee From: £50.00
Private company limited by shares
Annual Fee From: £175.00
Private company limited by shares
Annual Fee From: £525.00
Usefull links
Further information

Private Company Limited by Shares:

  • A private company limited by shares in England and Wales must have at least one director, one shareholder, and may have a secretary.

  • You need at least one person to form this type of company. If there is only one director, and that director is a natural person in your company, that director can also act as the secretary.

  • A company must have at least one director who is a natural person. This requirement is met if the office of director is held by a natural person as a corporation sole or otherwise by virtue of an office.

  • You can register a sole director' company, if you are familiar with the secretaries duties and responsibilities, because all of them belongs to a sole director.

  • The directors and secretary of your company can also be shareholders.

  • The Companies Act imposes no restriction on the minimum age of company directors. However Companies House will actively discourage the appointment of anyone under the age of 16 from taking up a company directorship on the grounds that the individuals concerned may not fully understand the legal liabilities that go with the position and for the most part will not have the experience necessary to perform the duties of a company director.

  • Under the Companies Act 2006, there is no restriction on any or all of the members/shareholders being from an overseas country (i.e. outside the United Kingdom in terms of residency, domicile, citizenship, place of incorporation or all or any of those concepts).

  • There is no requirement for the officers of your company to be UK citizens or residents, nor for them to hold valid work permits.

  • Owning, or being an officer of a UK company does not, however, grant you any right to live or work in the UK if you are a foreign national.

  • Your company must have a registered office address within England or Wales; this is the official address of your company and will be on the public record as such.

  • Your company must hold its official company documents at its registered office address: its register of shareholders, and its constitutional documents.

  • So long as you maintain a registered office address in England or Wales, you can conduct your business from any place in the world: you do not have to run your business from your registered office address.

  • Coddan offers company formation, ready-made company registration for UK limited companies. We offer electronic filing enterprises & registering corporation services. In addition to business registrations, we offer trademark registration, shareholder agreements, toll-free numbers, telephone answering, virtual office and company searches for UK limited companies. You are an accountant for whom company establishment is a frequent activity or an individual ordering your first company registrations. Start a company by incorporating or forming a LTD, PLC or LLP at Coddan. Learn about incorporation & how to incorporate your business online: register a business name, company registration, business registration numbers, company house web filing - business name registration check. Whether you start-up online, register London business or form a corporation Scotland, we can help you understand the business start-up process for filing LTD United Kingdom.
    Previous
    Next
    Incorporate or form an LLC – online: company registrar United Kingdom, limited company formations & corporation registration, electronically LLC online, very easy and informative. In addition to private companies Great Britain, we offer trademark registration, shareholder agreements, 0870 numbers, telephone answering, virtual office and company searches for English companies. Information to help start, grow or manage a small business. If you are starting a business Edinburgh or starting own business Northern Ireland, read our starting business Republic of Ireland guide. Home business and small business training and ideas site to help you start Belfast, grow, and expand a home-based business or search for the work at home job right. An outline of the general steps for incorporation in Great Britain, explaining how to incorporate your business Dublin, from choosing where to incorporate your business. UK ready-made company formation services and company registrations online, our offices keep a stock of ready made companies, and would be happy to supply details on request. We offer offshore ready-made companies in different jurisdictions, readymade offshore companies also called as offshore shelf companies, shelf off-shore companies for sale: starting applying for a business name, business name registration partnership, grants for starting a business and starting a business from home.
    Previous
    Next
    Open company same-day and offshore setting-up services using our online starting-up service for Limited Liability Company Offshore companies. Start enjoying the tax benefits and personal liability protection that forming a corporation or Limited Liability Company (LLC) provides. Offshore company incorporation, offshore checking and offshore saving accounts, offshore time deposits, offshore mutual funds, offshore money market accounts and offshore asset protection provided by Coddan. Company formations, limited company formations, electronic incorporations, company formation agents, paperless company registrar, electronic companies filing, United Kingdom limited company, setting corporation Ireland, business incorporation Scotland, open company England, London company registration, electronic companies filing, British companies registrars, business consultants, company law, public limited company, plc, international companies, ltd, inc, limited liability, enterprise, organization, organization, tax, taxation, England, firm, partnership, trade, profession, contractors, business, private limited company, limited by shares, ready-made companies, readymade company, aged company, off the shelf company, shelf companies list.
    Previous
    Next
    Specializes in company registration and secretarial services. Provides list of shelf company, services and cost quotation, business name registration, company house direct, starting a business - sole trader business registration.

    This is actually a pretty good reason to incorporate in Delaware or Nevada. In fact, you could be a foreigner from Lebanon, never setting foot on American soil, form a Delaware corporation and no one would know who you are! However, many states will require the owners and/or officers and/or directors information while operating in that state (as a foreign corp.). Besides, how many small businesses require anonymity? Incorporate, incorporation, incorporating, incorporation services, incorporating services, incorporate Wyoming business online, incorporating Oregon business, New York LLC formation, Louisiana limited liability corporation, Texas articles of incorporation, Florida company incorporation, California non profit corporation, corporate name search offshore, BVI corporate name availability, Seychelles corporate name registration.
    Previous
    Next
    Learn about incorporation services UK and incorporate London online: starting your own business, business ideas, starting a business on ebay or buying a business with legal requirements for starting a business. Online England company formations, online company London W1 formation, Glasgow formation agent, Liverpool formations agent, Scottish companies house, forming a company Scotland, starting a business Wales, form a limited company Oxford, United Kingdom business registration agents, online Great Britain company registration. E-Business, small business, business structures defined: the limited liability company business structures defined: the limited liability company IRS treatment of the one-member LLC. An LLC with only one member / owner is automatically considered to be a sole proprietorship unless an election is made to be treated as a corporation. Thus, the sole member of an LLC will file (Form 1040), (U.S. Individual Income Tax Return), ideas for starting a business, grants for starting a business, starting a business from home, starting your own business - business ideas, starting a business on ebay, buying a business: legal requirements for starting a business, ideas for starting a business.
    Previous
    Next
    A business may be conducted by a company as an entity in its own right and comes into existence by incorporation under companies legislation which also regulates the running of the company and sets out the duties of its officers. In recent years trading trusts have been commonly used as the structure for carrying on a business with their main objective of tax minimization. A trust requires a trustee to act on behalf of a trust and it has been preferable to have a company newly incorporated to act as the trustee as it is believed that this limits the liability of the trust to the paid-up capital of the Trustee Company. A trust is formed by a gift or settlement being made to the trustee on behalf of the, as yet unformed, trust. A solicitor draws up a Trust Deed setting out the powers and formalizing the administration of the trust. The trust has beneficiaries rather than shareholders as in a company, who are entitled to distributions of capital and/or income and these distributions, are controlled by the trustee.
    Previous
    Next
    The distribution made to beneficiaries are subject to income tax as part of their personal income and are liable for provisional tax on these distributions. Citizens and residents of other countries may incorporate in the United Kingdom through the standard incorporation procedures set forth by each state. Provides UK company formations, trademark registration, registered office facilities and company secretary services. Professional company formation, register your company online, we may establish new business at one day. An online guide to starting up and expanding your business.
    Previous
    Next

    This is one of our most popular packages with worldwide customers, and includes: -

  • EQUICK-4 zvezdy :-****
  • Pomeniat' sro4no. Eto economy4 zvezdy. -

  • ECooonooomyy-4 zvezdy :-****
  • Premier blablabla 4 zvezdy. -

  • premier-4 zvezdy;)
  • Our Deluxe package is a fast and easy option, it is ideal for the UK, EU, and international small to medium businesses who wish to appoint a nominee director and a nominee secretary in order to maintain the anonymity of the real owner, and it includes: -

  • Incorporation of your company from scratch using one of our registered office addresses in London, our nominee director and nominee secretary. We can appoint your own candidate(s) to the role of shareholder(s), or you can appoint a nominee sharholder provided by Coddan;
  • The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
  • The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
  • The government fee for incorporation is included in the price of this package;
    • The provision of a registered office address for 12 months is included in the price of this package (our registered office address service is charged annually);
    • The provision of a nominee secretary for 12 months is included in the price of this package (our nominee secretary service is charged annually);
    • The provision of a nominee director for 12 months is also included in the price of this package (our nominee director service is charged annually);

    The following two hard bound copies of corporate documents, will be send by post to you upon formation of your private limited company: -

  • A laminated copy of the certificate of incorporation of your company;
  • A hard bound copy of the memorandum and articles of association;
  • A hard bound copy of the minutes of the first meeting of directors;
  • Share certificates, and your company register;
  • The general power of attorney signed by a nominee director;
  • Pre-signed, undated resignation letter from a nominee director;
  • The agreement for the provision of nominee service and indemnification of nominee.
  • 2 zdezda deluxe. -

  • 2 zdezda deluxe)
  • 3 zdezda deluxe. -

  • 3 zdezda deluxe
  • 4 zdezda deluxe -

  • 4444444
  • This is our most popular package with the UK residents, and includes: -

  • The registration of your company from scratch using your own registered office address, and appoint your own candidates to the roles of director, secretary (if needed), and shareholder;
  • The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
  • The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
  • The government fee for incorporation is included in the price of this package;
  • The following documents, which need to be printed and signed, will be e-mailed to you upon formation of your company: -

  • A certificate of incorporation (requires PDF file reader);
  • The memorandum & articles of association (requires PDF file reader);
  • The first meeting of the board of directors (requires PDF file reader);
  • Share certificates and a company register (requires PDF file reader).
  • *If you do not have an a valid address in the UK, which can be used as the registered office address for your company, please check our Economy package. The non-UK address cannot be acceptable as the office address for the UK company.

    This is our most popular package with the UK and EU residents, and includes: -

  • The registration your company from scratch using one of our registered office addresses, and appoint your own candidates to the roles of director, secretary (if needed), and shareholder;
  • The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
  • The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
  • The government fee for incorporation is included in the price of this package;
    • The provision of a registered office address for 12 months is also included in the price of this package (our registered office address service is charged annually);

    The following documents, which need to be printed and signed, will be e-mailed to you upon formation of your company: -

  • A certificate of incorporation (requires PDF file reader);
  • The memorandum & articles of association (requires PDF file reader);
  • The first meeting of the board of directors (requires PDF file reader);
  • Share certificates and a company register (requires PDF file reader).
  • This is another one very popular package with worldwide customers, and includes: -

  • The formation of a company limited by guarantee usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
  • The incorporation your BVI company limited by guarantee from scratch using our registered agent & registered office address, and appoint your own candidate to the role of a members;
  • The government and initiation fees for incorporation are included in the price of this package;
  • The search for a company name availability, confirmation, and reservation;
  • An original certificate of incorporation
  • A hard bound copy of the memorandum & articles of association
  • The preparation and submission of the memorandum and articles of association;
  • A local registered office address and a local registered agent for 12 months are included in the price of this package (our registered agent & office address service are charged annually);
  • The provision of a nominee director for one year is also included in the price of this package (our nominee director service is charged annually);

  • To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
  • The following hard bound copy of corporate documents, will be posted to you upon formation of your company limited by guarantee: -

  • An original certificate of incorporation;
  • A hard bound copy of the memorandum and articles of association;
  • The minutes of the first meeting of the board of directors;
  • A completed register of directors and members;
  • An elegant printed membership certificates;
  • A pliers seal.
  • The general power of attorney signed by a nominee director (additional fee applies);
  • Pre-signed, undated resignation letter from a nominee director;
  • The agreement for the provision of a nominee service and indemnification of nominee.
  • This is our most popular package with international customers, and includes: -

  • The formation of a company limited by guarantee usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
  • The registration your BVI company limited by guarantee from scratch using our registered agent & registered office address, and appoint our own candidates to the role of a nominee director and a nominee member;
  • The government and initiation fees for incorporation are included in the price of this package;
  • The search for a company name availability, confirmation, and reservation;
  • The preparation and submission of the memorandum and articles of association;
  • A local registered office address and a local registered agent for one year are included in the price of this package (our registered agent & office address service are charged annually);
  • The provision of a nominee director for 12 months is included in the price of this package (our nominee director service is charged annually);
  • A completed register of directors and members
  • The provision of a nominee member for 12 months is also included in the price of this package (our nominee member service is charged annually);

  • To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
  • The following hard bound copy of corporate documents, will be posted to you upon formation of your company limited by guarantee: -

  • An original certificate of incorporation;
  • A hard bound copy of the memorandum and articles of association;
  • The minutes of the first meeting of the board of directors;
  • A completed register of directors and members;
  • An elegant printed membership certificates;
  • A pliers seal.
  • Pre-signed, undated letters of resignation from a nominee director and a nominee member;
  • A general power of attorney signed by a nominee director (additional fee applies);
  • A declaration of trust from a nominee member;
  • An indemnity letter for the power of attorney;
  • A nominee agreement which provides for the indemnification of the nominees.
  • This is another one of our most popular packages for small and medium size businesses, such as those being run by a sole director from home, and for companies owned by overseas residents who still need a local registered office address, but would rather not open a local office in the UK;

    This package is often chosen by such customers, who are looking to minimise a sole director' personal liability (and who are not quite familiar with the UK corporate legislation), because this package includes thye provision of a nominee secretary for 12 months. This package is also includes: -

  • The registration your company from scratch using one of our registered office addresses, and appoint your own candidates to the roles of director, and shareholder;
  • The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
  • The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
  • The government fee for incorporation is included in the price of this package;
    • The provision of a registered office address for 12 months is included in the price of this package (our registered office address service is charged annually);
    • The provision of a nominee secretary for 12 months is also included in the price of this package (our nominee secretary service is charged annually);

    The following hard bound copy of the corporate documents, will be send by post to you, upon formation of your private limited company: -

  • A laminated copy of the certificate of incorporation of your company;
  • A hard bound copy of the memorandum and articles of association;
  • A hard bound copy of the minutes of the first meeting of directors;
  • Share certificates, and your company register.
  • This is another one very popular package with worldwide customers, and includes: -

  • The formation of a limited partnership usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
  • The incorporation your BVI offshore limited partnership from scratch using our registered agent & registered office address, and appoint your own candidate to the role of a general partner;
  • The government and initiation fees for registration are included in the price of this package;
  • The search for a limited partnership name availability, confirmation, and reservation;
  • The preparation and submission of the partnership agreement;
  • A local registered office address and a local registered agent for 12 months are included in the price of this package (our registered agent & office address service are charged annually);
  • The provision of a nominee limited partner for one year is also included in the price of this package (our nominee limited partner service is charged annually);

  • To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
  • The following hard bound copy of corporate documents, will be posted to you upon formation of your offshore company: -

  • An original certificate of incorporation;
  • A hard bound copy of the partnership agreement;
  • The minutes of the first meeting of the board of partners;
  • A completed register of partners;
  • An elegant printed membership certificates;
  • A pliers seal;
  • The general power of attorney signed by a nominee limited partner (additional fee applies);
  • Pre-signed, undated resignation letter from a nominee limited partner;
  • The agreement for the provision of a nominee service and indemnification of nominee.
  • This is our most popular package with international customers, and includes: -

    This is our most popular package with international customers, and includes: -

    Page 1 of 7
    Page 2 of 7
    Page 3 of 7
    Page 4 of 7
    Page 5 of 7
    Page 6 of 7
    Page 7 of 7
    Organization Structures Business, Incorporate Your Business Online, Incorporation Services at Affordable Prices, Learn About Incorporating and How to IncorporateSetting up a Business in United Kingdom, Incorporatin Business, Forming an LLC, Incorporate online in Delaware, Nevada, London, Florida, New YorkCompany UK Formation, Online UK Company Formation Agents, Plus a Wide Range of Ready-Made Companies Available and Vintage CompaniesWhat are the Advantages of Incorporation? You Can Now Form Your UK Limited Company Online Using Our Company Registration AgentHow Do I Get Started With the Registration Process? Company Formation & Registration of Offshore Companies Incorporation ServiceUK Limited Company Formation and Offshore Companies Incorporation Service, We Provide Online New Company Formations and Offshore Readymade CorporationSetting up a Business in United Kingdom, Cheap IBC Incorporation Offshore Anonymous Banking Internet Offshore Bank AccountUK Company Formation, Online Company Registration Agent Offering Same-Day Company Formation, Business BankingServices Include Companies Formation and Administration, Trademark, Intellectual Property, Company Search ServicesAn On-Line Resource to Setting-Up a Private Limited Company Without Hiring a Solicitor or Formation AgenStarting a Business Information, Advice and Information for Starting a New Business in the UK Including UK Business Start-UpHelp in Starting Up a Business Up-to-Date Advice and Strategies, Start Your Own Business and Gain Your Independence!Incorporate a Business in Any State, London, Glasgow, Form an LLC, Conduct a Trademark Search OnlineSmall Business Resources for Starting a Small Business, Small Business Marketing
    Employment Act 1989 (c. 38)
    1989 c. 38 - continued

    back to previous page


        An Act to amend the Sex Discrimination Act 1975 in pursuance of the Directive of the Council of the European Communities, dated 9th February 1976, (No.76/207/EEC) on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions; to repeal or amend prohibitions or requirements relating to the employment of young persons and other categories of employees; to make other amendments of the law relating to employment and training; to repeal section 1(1)(a) of the Celluloid and Cinematograph Film Act 1922; to dissolve the Training Commission; to make further provision with respect to industrial training boards; to make provision with respect to the transfer of staff employed in the Skills Training Agency; and for connected purposes.
      [16th November 1989]



        Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
     
    Overriding of provisions requiring discrimination as respects employment or training

    Overriding of statutory requirements which conflict with certain provisions of 1975 Act.

            1.—(1) Any provision of—
       (a) an Act passed before the [1975 c. 65.] Sex Discrimination Act 1975, or
       (b) an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act),
    shall be of no effect in so far as it imposes a requirement to do an act which would be rendered unlawful by any of the provisions of that Act referred to in subsection (2).

        (2) Those provisions are—
       (a) Part II (discrimination as respects employment);
       (b) Part III (discrimination as respects education etc.) so far as it applies to vocational training; and
       (c) Part IV (other unlawful acts) so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b) above.
        (3) Where in any legal proceedings (of whatever nature) there falls to be determined the question whether subsection (1) operates to negative the effect of any provision in so far as it requires the application by any person of a requirement or condition falling within subsection (1)(b)(i) of section 1 or 3 of the 1975 Act (indirect discrimination on grounds of sex or marital status)—
       (a) it shall be for any party to the proceedings who claims that subsection (1) does not so operate in relation to that provision to show the requirement or condition in question to be justifiable as mentioned in subsection (1)(b)(ii) of that section; and
       (b) the said subsection (1)(b)(ii) shall accordingly have effect in relation to the requirement or condition as if the reference to the person applying it were a reference to any such party to the proceedings.
        (4) Where an Act passed after the 1975 Act, whether before or after the passing of this Act, re-enacts (with or without modification) a provision of an Act passed before the 1975 Act, that provision as re-enacted shall be treated for the purposes of subsection (1) as if it continued to be contained in an Act passed before the 1975 Act.

    Power of Secretary of State to repeal statutory provisions requiring discrimination as respects employment or training.

            2.—(1) Where it appears to the Secretary of State that a relevant provision, namely any provision of—
       (a) an Act passed before this Act, or
       (b) an instrument approved or made by or under such an Act (including one approved or made after the passing of this Act),
    requires the doing of an act which would (within the meaning of the 1975 Act) constitute an act of discrimination in circumstances relevant for the purposes of any of the provisions of that Act falling within section 1(2) above, he may by order make such provision (whether by amending, repealing or revoking the relevant provision or otherwise) as he considers appropriate for removing any such requirement.

        (2) Subsection (1) shall have effect in relation to a provision to which section 1(1) above applies as if the reference to a relevant provision requiring the doing of an act were a reference to its so requiring but for the operation of section 1(1).

        (3) Any order under this section which makes any amendment, repeal or revocation of a relevant provision within the meaning of subsection (1) may (without prejudice to the generality of section 28(5) below) amend or repeal any provision of this Act by virtue of which acts done in pursuance of the relevant provision are not to be unlawful for the purposes of provisions of the 1975 Act.

        (4) Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed before this Act, that provision as re-enacted shall be treated for the purposes of subsection (1) as if it continued to be contained in an Act passed before this Act.
     
    Circumstances where discrimination as respects employment or training is permissible

    Restriction of exemption for discrimination required by or under statute.

            3.—(1) The 1975 Act shall be amended as follows.

        (2) Section 7(2)(f) (exception for jobs held by men because of statutory restrictions on employment of women) shall be omitted.

        (3) The following sections shall be substituted for section 51—

    "Acts done for purposes of protection of women.

            51.    —  (1) Nothing in the following provisions, namely—
       (a) Part II,
       (b) Part III so far as it applies to vocational training, or
       (c) Part IV so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b),
    shall render unlawful any act done by a person in relation to a woman if—
       (i) it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision concerning the protection of women, or (ii) it was necessary for that person to do it in order to comply with a requirement of a relevant statutory provision (within the meaning of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974) and it was done by that person for the purpose of the protection of the woman in question (or of any class of women that included that woman).


        (2) In subsection (1)—
       (a) the reference in paragraph (i) of that subsection to an existing statutory provision concerning the protection of women is a reference to any such provision having effect for the purpose of protecting women as regards— (i) pregnancy or maternity, or (ii) other circumstances giving rise to risks specifically affecting women,whether the provision relates only to such protection or to the protection of any other class of persons as well; and
       (b) the reference in paragraph (ii) of that subsection to the protection of a particular woman or class of women is a reference to the protection of that woman or those women as regards any circumstances falling within paragraph (a)(i) or (ii) above.


        (3) In this section "existing statutory provision" means (subject to subsection (4)) any provision of—
       (a) an Act passed before this Act, or
       (b) an instrument approved or made by or under such an Act (including one approved or made after the passing of this Act).


        (4) Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed before this Act, that provision as re-enacted shall be treated for the purposes of subsection (3) as if it continued to be contained in an Act passed before this Act.

    Acts done under statutory authority to be exempt from certain provisions of Part III.

            51A.    —  (1) Nothing in—
       (a) the relevant provisions of Part III, or
       (b) Part IV so far as it has effect in relation to those provisions,shall render unlawful any act done by a person if it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision within the meaning of section 51.


        (2) In subsection (1) "the relevant provisions of Part III" means the provisions of that Part except so far as they apply to vocational training.
    "


        (4) The following section shall be inserted after section 52—

    "Construction of references to vocational training.

            52A.    In the following provisions, namely—
       (a) sections 51 and 51A, and
       (b) the provisions of any Order in Council modifying the effect of section 52,
    "vocational training" includes advanced vocational training and retraining; and any reference to vocational training in those provisions shall be construed as including a reference to vocational guidance."

    Exemption for discrimination under certain provisions concerned with the protection of women at work.

            4.—(1) Without prejudice to the operation of section 51 of the 1975 Act (as substituted by section 3(3) above), nothing in—
       (a) Part II of that Act,
       (b) Part III of that Act so far as it applies to vocational training, or
       (c) Part IV of that Act so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b) above,
    shall render unlawful any act done by a person in relation to a woman if it was necessary for that person to do that act in order to comply with any requirement of any of the provisions specified in Schedule 1 to this Act (which are concerned with the protection of women at work).

        (2) Each of the last two entries in that Schedule shall be construed as including a reference to any provision or provisions for the time being having effect in place of the provision or provisions specified in that entry.

        (3) In this section "woman" means a female person of any age.

    Exemption for discrimination in connection with certain educational appointments.

            5.—(1) Nothing in Parts II to IV of the 1975 Act shall render unlawful any act done by a person in connection with the employment of another person as the head teacher or principal of any educational establishment if it was necessary for that person to do that act in order to comply with any requirement of any instrument relating to the establishment that its head teacher or principal should be a member of a particular religious order.

        (2) Nothing in—
       (a) Part II of the 1975 Act, or
       (b) Part IV of that Act so far as it has effect in relation to Part II,
    shall render unlawful any act done by a person in connection with the employment of another person as a professor in any university if the professorship in question is, in accordance with any Act or instrument relating to the university, either a canon professorship or one to which a canonry is annexed.

        (3) Nothing in the provisions of the 1975 Act referred to in subsection (2)(a) or (b) shall render unlawful any act done by a person in connection with the employment of another person as the head, a fellow or any other member of the academic staff of any college, or institution in the nature of a college, in a university if it was necessary for that person to do that act in order to comply with any requirement of any instrument relating to the college or institution that the holder of the position in question should be a woman.

        (4) Subsection (3) shall not apply in relation to instruments taking effect after the commencement of that subsection; and section 6(b) of the [1978 c. 30.] Interpretation Act 1978 (words importing the feminine gender to include the masculine) shall not apply to that subsection.

        (5) The Secretary of State may by order provide that any provision of subsections (1) to (3) shall not have effect in relation to—
       (a) any educational establishment or university specified in the order; or
       (b) any class or description of educational establishments so specified.
        (6) In this section "educational establishment" means—
       (a) any school within the meaning of the [1944 c. 3l.] Education Act 1944 or the [1980 c. 44.] Education (Scotland) Act 1980;
       (b) any college, or institution in the nature of a college, in a university; or
       (c) any institution to which section 156 of the [1988 c. 40.] Education Reform Act 1988 applies (further and higher education institutions) or any constituent institution of an institution to which that section applies.
        (7) Nothing in this section shall be construed as prejudicing the operation of section 19 of the 1975 Act (exemption for discrimination in relation to employment of ministers of religion).

    Power of Secretary of State to exempt particular acts of discrimination required by or under statute.

            6.—(1) The Secretary of State may by order make such provision as he considers appropriate—
       (a) for disapplying subsection (1) of section 1 above in the case of any provision to which it appears to him that that subsection would otherwise apply;
       (b) for rendering lawful under any of the provisions of the 1975 Act falling within section 1(2) above acts done in order to comply with any requirement—
         (i) of a provision whose effect is preserved by virtue of paragraph (a) above, or
         (ii) of an instrument approved or made by or under an Act passed after the 1975 Act but before this Act (including one approved or made after the passing of this Act).
        (2) Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed as mentioned in sub-paragraph (ii) of subsection (1)(b), that provision as re-enacted shall be treated for the purposes of that sub-paragraph as if it continued to be contained in an Act passed as mentioned in that sub-paragraph.
     
    Discrimination as respects training

    Prohibition of discrimination in connection with provision of training.

            7.—(1) The following section shall be substituted for section 14 of the 1975 Act—

    "Persons concerned with provision of vocational training.

            14.    —  (1) It is unlawful, in the case of a woman seeking or undergoing training which would help fit her for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against her—
       (a) in the terms on which that person affords her access to any training course or other facilities concerned with such training, or
       (b) by refusing or deliberately omitting to afford her such access, or
       (c) by terminating her training, or
       (d) by subjecting her to any detriment during the course of her training.


        (2) Subsection (1) does not apply to—
       (a) discrimination which is rendered unlawful by section 6(1) or (2) or section 22 or 23, or
       (b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act.

    "


        (2) The following section shall be substituted for section 13 of the [1976 c. 74.] Race Relations Act 1976—

    "Persons concerned with provision of vocational training.

            13.    —  (1) It is unlawful, in the case of an individual seeking or undergoing training which would help fit him for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against him—
       (a) in the terms on which that person affords him access to any training course or other facilities concerned with such training; or
       (b) by refusing or deliberately omitting to afford him such access; or
       (c) by terminating his training; or
       (d) by subjecting him to any detriment during the course of his training.


        (2) Subsection (1) does not apply to—
       (a) discrimination which is rendered unlawful by section 4(1) or (2) or section 17 or 18; or
       (b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act.

    "


        (3) In section 37 of the [1976 c. 74.] Race Relations Act 1976 (discriminatory training by certain bodies)—
       (a) in subsection (1), for "a training body" and "it appears to the training body" there shall be substituted "any person" and "it reasonably appears to that person" respectively;
       (b) in subsection (2), for "it appears to a training body" and "the training body" there shall be substituted "it reasonably appears to any person" and "that person" respectively; and
       (c) the following subsection shall be substituted for subsection (3)—
       "(3) The preceding provisions of this section shall not apply to any discrimination which is rendered unlawful by section 4(1) or (2)."

    Power to exempt discrimination in favour of lone parents in connection with training.

            8.—(1) The Secretary of State may by order provide with respect to—
       (a) any specified arrangements made under section 2 of the [1973 c. 50.] Employment and Training Act 1973 (functions of the Secretary of State as respects employment and training), or
       (b) any specified class or description of training for employment provided otherwise than in pursuance of that section, or
       (c) any specified scheme set up under section 1 of the [1978 c. 6.] Employment Subsidies Act 1978 (schemes for financing employment),
    that this section shall apply to such special treatment afforded to or in respect of lone parents in connection with their participation in those arrangements, or in that training or scheme, as is specified or referred to in the order.

        (2) Where this section applies to any treatment afforded to or in respect of lone parents, neither the treatment so afforded nor any act done in the implementation of any such treatment shall be regarded for the purposes of the 1975 Act as giving rise to any discrimination falling within section 3 of that Act (discrimination against married persons for purposes of Part II of that Act).

        (3) An order under subsection (1) above may specify or refer to special treatment afforded as mentioned in that subsection—
       (a) 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
       (b) whether it is afforded by the Secretary of State or by some other person;
    and, without prejudice to the generality of paragraph (b) of that subsection, any class or description of training for employment specified in such an order by virtue of that paragraph may be framed by reference to the person, or the class or description of persons, by whom the training is provided.

        (4) In this section—
       (a) "employment" and "training" have the same meaning as in the [1973 c. 50.] Employment and Training Act 1973; and
       (b) "lone parent" has the same meaning as it has for the purposes of any regulations made in pursuance of section 20(1)(a) of the [1986 c. 50.] Social Security Act 1986 (income support).
     
    Removal of restrictions and other requirements relating to employment

    Repeal or modification of provisions requiring different treatment of different categories of employees.

            9.—(1) In sections 42(1), 43 and 44 of the [1954 c. 70.] Mines and Quarries Act 1954 (under which winding and rope haulage apparatus and conveyors are to be operated by or under the supervision of competent male persons who have attained the ages there specified), the word "male" shall be omitted wherever occurring.

        (2) In section 93 of that Act (prohibition on heavy work by any woman or young person), the words "woman or young" shall be omitted in both places where they occur.

        (3) Section 124(1) of that Act (prohibition on employment of woman in job requiring a significant proportion of the employee's time to be spent underground) shall cease to have effect.

        (4) In section 20 of the [1961 c. 34.] Factories Act 1961 (prohibition on cleaning of machinery by any woman or young person), the words "woman or" shall be omitted in both places where they occur.

        (5) In section 17 of the [1963 c. 41.] Offices, Shops and Railway Premises Act 1963 (fencing of exposed parts of machinery)—
       (a) subsection (3),
       (b) in subsection (4), the words from ", except when any" onwards, and
       (c) subsection (5),
    shall cease to have effect.

        (6) In Schedule 2 to this Act—
       (a) the provisions of subordinate legislation listed in Part I (which require different treatment of different categories of employees) shall cease to have effect; and
       (b) the provisions of such legislation mentioned in Part II shall have effect subject to the amendments there specified (which assimilate the treatment of different categories of employees).

    Removal of restrictions relating to employment of young persons.

            10.—(1) The following enactments, namely—
       (a) 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
       (b) 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),
    shall cease to have effect.

        (2) The enactments mentioned in Part III of Schedule 3 shall have effect subject to the amendments there specified (which include amendments by virtue of which certain occupations, instead of being restricted to persons who are 16 or older, are restricted to persons over school-leaving age).

        (3) If the Secretary of State considers it appropriate to do so, he may by order—
       (a) repeal or amend any statutory provision in consequence of subsection (1) or (2);
       (b) 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;
       (c) 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;
       (d) 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.
        (4) Nothing in any order under subsection (3) (apart from a repeal effected by virtue of paragraph (d) of that subsection) shall affect any statutory provision relating to the employment of persons under school-leaving age.

        (5) Any reference in subsection (3)(d) or (4) to a statutory provision relating to the employment of persons under school-leaving age shall be construed, in relation to a statutory provision which relates to both—
       (a) the employment of such persons, and
       (b) the employment of persons over that age,
    as a reference to so much of that provision as relates to the employment of persons under that age.

        (6) In this section—
      "school-leaving age" means—
       (a) in relation to England and Wales, the upper limit of compulsory school age for the purposes of the [1944 c. 31.] Education Act 1944;
       (b) in relation to Scotland, the upper limit of school age for the purposes of the [1980 c. 44.] Education (Scotland) Act 1980; and
       (c) in relation to Northern Ireland, the upper limit of compulsory school age for the purposes of the [S.I.1986/594 (N.I.3).] 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).

    Exemption of Sikhs from requirements as to wearing of safety helmets on construction sites.

            11.—(1) Any requirement to wear a safety helmet which (apart from this section) would, by virtue of any statutory provision or rule of law, be imposed on a Sikh who is on a construction site shall not apply to him at any time when he is wearing a turban.

        (2) Accordingly, where—
       (a) a Sikh who is on a construction site is for the time being wearing a turban, and
       (b) (apart from this section) any associated requirement would, by virtue of any statutory provision or rule of law, be imposed—
         (i) on the Sikh, or
         (ii) on any other person,
      in connection with the wearing by the Sikh of a safety helmet,
    that requirement shall not apply to the Sikh or (as the case may be) to that other person.

        (3) In subsection (2) "associated requirement" means any requirement (other than one falling within subsection (1)) which is related to or connected with the wearing, provision or maintenance of safety helmets.

        (4) It is hereby declared that, where a person does not comply with any requirement, being a requirement which for the time being does not apply to him by virtue of subsection (1) or (2)—
       (a) 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
       (b) in Scotland no action for reparation shall be brought against him by any person in respect of any such injury, loss or damage.
        (5) If a Sikh who is on a construction site—
       (a) 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
       (b) 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,
    that other person shall, if liable to the Sikh in tort (or, in Scotland, in an action for reparation), be so liable only to the extent that injury, loss or damage would have been sustained by the Sikh even if he had been wearing a safety helmet in compliance with the requirement.

        (6) Where—
       (a) the act or omission referred to in subsection (5) causes the death of the Sikh, and
       (b) 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,
    the amount of any damages which, by virtue of that subsection, are recoverable in tort (or, in Scotland, in an action for reparation) in respect of that injury shall not exceed the amount of any damages which would (apart from that subsection) be so recoverable in respect of the Sikh's death.

        (7) In this section—
      "building operations" and "works of engineering construction" have the same meaning as in the [1961 c. 34.] Factories Act 1961;
      "construction site" means any place where any building operations or works of engineering construction are being undertaken;
      "injury" includes loss of life, any impairment of a person's physical or mental condition and any disease;
      "safety helmet" means any form of protective headgear; and
      "statutory provision" means a provision of an Act or of subordinate legislation.
        (8) In this section—
       (a) any reference to a Sikh is a reference to a follower of the Sikh religion; and
       (b) any reference to a Sikh being on a construction site is a reference to his being there whether while at work or otherwise.
        (9) This section shall have effect in relation to any relevant construction site within the territorial sea adjacent to Great Britain as it has effect in relation to any construction site within Great Britain.

        (10) In subsection (9) "relevant construction site" means any construction site where there are being undertaken any building operations or works of engineering construction which are activities falling within Article 7(a) of the [S.I.  1989/840.] Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989.

    Protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets.

            12.—(1) Where—
       (a) any person applies to a Sikh any requirement or condition relating to the wearing by him of a safety helmet while he is on a construction site, and
       (b) at the time when he so applies the requirement or condition that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when on such a site,
    then, for the purpose of determining whether the application of the requirement or condition to the Sikh constitutes an act of discrimination falling within section 1(1)(b) of the [1976 c. 74.] Race Relations Act 1976 (indirect racial discrimination), the requirement or condition shall be taken to be one which cannot be shown to be justifiable as mentioned in sub-paragraph (ii) of that provision.

        (2) Any special treatment afforded to a Sikh in consequence of section 11(1) or (2) above shall not be regarded for the purposes of the Race Relations Act 1976 as giving rise, in relation to any other person, to any discrimination falling within section 1 of that Act.

        (3) Subsections (7) to (10) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section.
     
    Written statements of terms of employment

    Provision of particulars of disciplinary procedures.

            13.—(1) Part I of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (particulars of terms of employment) shall be amended as follows.

        (2) In section 2 (supplementary provisions relating to statements under section 1), the following subsection shall be substituted for subsection (4)—
     "(4) No statement need be given under section 1 where—
       (a) the employee's employment began not more than six months after the end of earlier employment with the same employer,
       (b) a statement under that section, and any information subsequently required under section 4, was duly given to the employee in respect of his earlier employment, and
       (c) the terms of his present employment are the same as those of his earlier employment and any other matters falling within section 1(4) of which particulars were to be given by that statement are also unchanged,
    but without prejudice to the operation of subsection (1) of section 4 if there is subsequently a change in his terms of employment or in any of those matters."


        (3) The following section shall be inserted after section 2—

    "Particulars of disciplinary procedures not required where less than 20 employees.

            2A.    —  (1) The note which, by virtue of subsection (4) of section 1, is required to be included in a statement given to an employee under that section need not comply with the following provisions of that subsection, namely—
       (a) paragraph (a),
       (b) in paragraph (b), sub-paragraph (i) and the words following sub-paragraph (ii) so far as relating to sub-paragraph (i), and
       (c) paragraph (c),
    if on the date when the employee's employment began the relevant number of employees was less than twenty.

        (2) In subsection (1) "the relevant number of employees", in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.
    "


        (4) In section 4 (changes in terms of employment), the following subsection shall be added after subsection (5)—
     "(6) Any reference in subsection (1), (3) or (4) to the terms of employment which were to be, or were, included or referred to in a statement given under section 1 shall be construed as including a reference to any other matters falling within section 1(2)(c) and (4) of which particulars were to be given by that statement."


        (5) The following subsections shall be added at the end of section 5 (exclusion of certain contracts in writing)—
     "(2) If on the date when the employee's employment began the relevant number of employees was less than twenty, any reference in subsection (1)(c) to such a note as is there mentioned shall be construed as including a reference to such a note as is mentioned in section 1(4) as it has effect with the omission of the provisions specified in section 2A(1)(a) to (c).
     (3) In subsection (2) "the relevant number of employees" has the meaning given by section 2A(2)."
    ;
      and the existing provisions of section 5 shall accordingly constitute subsection (1) of that section.
     
    Time off for trade union duties

    Trade union duties for which time off must be allowed by employer.

            14.    In section 27(1) of the 1978 Act (duty of employer to permit employee who is an official of an independent trade union recognised by employer to take time off to carry out certain trade union duties)—
       (a) the following paragraph shall be substituted for paragraph (a)—
       " (a) to carry out— (i) any duties of his, as such an official, which are concerned with negotiations with the employer that are related to or connected with any matters which fall within section 29(1) of the [1974 c. 52.] Trade Union and Labour Relations Act 1974 and in relation to which the trade union is recognised by the employer, or (ii) any other duties of his, as such an official, which are concerned with the performance, on behalf of employees of the employer, of any functions that are related to or connected with any matters falling within that provision and that the employer has agreed may be so performed by the trade union; or"
      ; and
       (b) in paragraph (b)(i), for "those duties" there shall be substituted "any such duties as are mentioned in paragraph (a)".
     
    Reasons for dismissal

    Period of employment necessary to qualify for statement of reasons for dismissal.

            15.—(1) In section 53(2) of the 1978 Act (employee not entitled to written statement of reasons for dismissal unless continuously employed for six months), for "six months" there shall be substituted "not less than two years".

        (2) In section 149(1) of the 1978 Act (general power to amend that Act), in paragraph (c), after "49(4A)," there shall be inserted "53(2),".
     
    Redundancy

    Redundancy payments: assimilation of age limits for men and women.

            16.—(1) In section 82 of the 1978 Act (general exclusions from right to redundancy payment), the following subsection shall be substituted for subsection (1)—
     "(1) An employee shall not be entitled to a redundancy payment if he has before the relevant date attained the following age, that is to say—
       (a) in a case where— (i) in the business for the purposes of which he was employed there was a normal retiring age of less than sixty-five for an employee holding the position which he held, and (ii) the age was the same whether the employee holding that position was a man or a woman,that normal retiring age; and
       (b) in any other case, the age of sixty-five.
    "


        (2) In paragraph 4(2) of Schedule 4 to that Act (calculation of redundancy payments), for the words from ""the specified anniversary"" to "her birth," there shall be substituted ""the specified anniversary", in relation to an employee, means the sixty-fourth anniversary of the day of his birth,".

    Abolition of redundancy rebates.

            17.    The following provisions of the 1978 Act, namely—
       (a) sections 104 and 104A (payment by Secretary of State of redundancy rebates to employers with less than ten employees), and
       (b) Schedule 6 (calculation of amount of redundancy rebates),
    shall cease to have effect.
     
    Insolvency

    Quantification of amounts for purposes of insolvency payments.

            18.—(1) Sections 122 and 123 of the 1978 Act (payments by Secretary of State on insolvency of employer) shall be amended as follows.

        (2) In section 122 (payment to employee of certain unpaid debts of employer), the following subsection shall be substituted for subsection (11)—
     "(11) If the Secretary of State is satisfied that he does not require such a statement in order to determine the amount of the debt that was owed to the employee on the relevant date and remains unpaid, he may make a payment under this section in respect of the debt without having received such a statement."


        (3) In section 123 (payment of unpaid contributions to occupational or personal pension scheme), the following subsection shall be substituted for subsection (9)—
     "(9) If the Secretary of State is satisfied—
       (a) that he does not require a statement under subsection (7) in order to determine the amount of relevant contributions that was unpaid on the date on which the employer became insolvent and remains unpaid, or
       (b) that he does not require a certificate under subsection (8) in order to determine the amounts payable, paid or deducted as mentioned in subsections (3)(a) and (c) and (5),
    he may make a payment under this section in respect of the contributions in question without having received such a statement or (as the case may be) such a certificate."

    Recovery of insolvency payments made in respect of preferential or preferred debts.

            19.—(1) In section 125 of the 1978 Act (transfer of rights and remedies relating to debt in respect of which payment made by Secretary of State on insolvency of employer), the following subsections shall be substituted for subsection (2)—
     "(2) Where a debt or any part of a debt in respect of which the Secretary of State has made a payment in pursuance of section 122 constitutes —
       (a) a preferential debt within the meaning of the [1986 c. 45.] Insolvency Act 1986 for the purposes of any provision of that Act (including any such provision as applied by any order made under that Act) or any provision of the [1985 c. 6.] Companies Act 1985; or
       (b) a preferred debt within the meaning of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 for the purposes of any provision of that Act (including any such provision as applied by section 11A of the [1889 c. 39.] Judicial Factors (Scotland) Act 1889),
    then, without prejudice to the generality of subsection (1) above, there shall be included among the rights and remedies which become rights and remedies of the Secretary of State in accordance with that subsection any right arising under any such provision by reason of the status of the debt or that part of it as a preferential or preferred debt.
     (2A) In computing for the purposes of any provision mentioned in subsection (2)(a) or (b) above the aggregate amount payable in priority to other creditors of the employer in respect of—
       (a) any claim of the Secretary of State to be so paid by virtue of subsection (2) above; and
       (b) any claim by the employee to be so paid made in his own right,
    any claim falling within paragraph (a) above shall be treated as if it were a claim of the employee; but the Secretary of State shall be entitled, as against the employee, to be so paid in respect of any such claim of his (up to the full amount of the claim) before any payment is made to the employee in respect of any claim falling within paragraph (b) above."


        (2) The following subsections shall be inserted after subsection (3) of that section—
     "(3A) Where the Secretary of State makes any such payment as is mentioned in subsection (3) above and the sum (or any part of the sum) falling to be paid by the employer on account of the contributions in respect of which the payment is made constitutes—
       (a) a preferential debt within the meaning of the Insolvency Act 1986 for the purposes of any provision mentioned in subsection (2)(a) above; or
       (b) a preferred debt within the meaning of the Bankruptcy (Scotland) Act 1985 for the purposes of any provision mentioned in subsection (2)(b) above,
    then, without prejudice to the generality of subsection (3) above, there shall be included among the rights and remedies which become rights and remedies of the Secretary of State in accordance with that subsection any right arising under any such provision by reason of the status of that sum (or that part of it) as a preferential or preferred debt.
     (3B) In computing for the purposes of any provision referred to in subsection (3A)(a) or (b) above the aggregate amount payable in priority to other creditors of the employer in respect of—
       (a) any claim of the Secretary of State to be so paid by virtue of subsection (3A) above; and
       (b) any claim by the persons competent to act in respect of the scheme,
    any claim falling within paragraph (a) above shall be treated as if it were a claim of those persons; but the Secretary of State shall be entitled, as against those persons, to be so paid in respect of any such claim of his (up to the full amount of the claim) before any payment is made to them in respect of any claim falling within paragraph (b) above."
     
    Pre-hearing reviews

    Pre-hearing review of proceedings before industrial tribunal.

            20.    In Schedule 9 to the 1978 Act (procedure etc. of industrial tribunals), the following paragraph shall be inserted after paragraph 1—


        "    1A.    —  (1) The regulations may include provision—
       (a) for authorising a preliminary consideration of proceedings before an industrial tribunal ("a pre-hearing review") to be carried out— (i) by such person as may be determined by or in accordance with the regulations, or (ii) if so determined in accordance with the regulations, by the tribunal itself; and
       (b) for enabling such powers to be exercised in connection with a pre-hearing review as may be prescribed by the regulations.


        (2) The regulations may in particular include provision—
       (a) for authorising any person or tribunal carrying out a pre-hearing review under the regulations to make, in circumstances specified in the regulations, an order requiring a party to the proceedings in question, if he wishes to continue to participate in those proceedings, to pay a deposit of an amount not exceeding £150;
       (b) for prescribing— (i) the manner in which the amount of any such deposit is to be determined in any particular case, (ii) the consequences of non-payment of any such deposit, and (iii) the circumstances in which any such deposit, or any part of it, may be refunded to the party who paid it, or be paid over to another party to the proceedings.


        (3) The Secretary of State may from time to time by order substitute for the sum specified in sub-paragraph (2)(a) such other sum as is specified in the order.
    "
     
    Removal of requirement to register storage of film

    Removal of requirement to notify local authority of storage of celluloid film.

            21.    In section 1(1) of the [1922 c. 35.] Celluloid and Cinematograph Film Act 1922 (general safety provisions relating to storage of celluloid film), paragraph (a) (requirement to notify local authority of storage of such film) shall cease to have effect.
     
    Dissolution of Training Commission

    Dissolution of Training Commission.

            22.—(1) The Training Commission shall be dissolved on the date on which this Act is passed.

        (2) Subject to subsection (3), all the property, rights and liabilities to which the Training Commission was entitled or subject immediately before that date shall on that date become property, rights and liabilities of the Secretary of State for Employment.

        (3) Any liability in respect of pensions, superannuation allowances or gratuities which, but for the passing of this Act, would have arisen or existed on or after that date as a liability of the Training Commission to or in respect of the chairman or any former chairman of the Commission shall instead be a liability of the Paymaster General.

        (4) The [1982 c. 10.] Industrial Training Act 1982 shall have effect subject to the amendments specified in Schedule 4 to this Act (by virtue of which functions of the Training Commission under that Act are transferred to the Secretary of State).

        (5) Schedule 5 to this Act shall have effect for the purpose of supplementing the provisions of this section.

        (6) References in this Act to property, rights and liabilities of the Training Commission are references to all such property, rights and liabilities, whether or not capable of being transferred or assigned by the Commission.
     
    Industrial training boards

    Consultation in connection with industrial training orders.

            23.    In section 1 of the Industrial Training Act 1982 (establishment of industrial training boards), the following subsection shall be substituted for subsections (4) and (5)—
     "(4) Before making an industrial training order the Secretary of State shall consult—
       (a) such organisations or associations of organisations appearing to him to be representative of substantial numbers of employers, and such bodies established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, as he thinks fit; and
       (b) such other organisations, associations or bodies (if any) as he thinks fit.
    "

    Transfer of assets or staff of industrial training boards.

            24.—(1) The following sections shall be inserted after section 3 of the [1982 c. 10.] Industrial Training Act 1982—

    "Transfer of assets on revocation or amendment of industrial training order.

            3A.    —  (1) Where an order has been made under section 1 above which—
       (a) revokes an industrial training order, or
       (b) amends such an order so as to exclude from the scope of operation of an industrial training board some of the activities in relation to which it exercises functions,
    the board concerned— (i) may with the consent of the Secretary of State, or (ii) shall if he so directs,transfer all or any of its assets to any person on trust to be used for charitable purposes which are related to or connected with training for employment.

        (2) A transfer under subsection (1) above may be made for a consideration which is less than the market value of the assets transferred or for no consideration; and different assets may be transferred by a board under that subsection to different persons.

        (3) It is hereby declared that a transfer under subsection (1) above may be made in a case where an industrial training order is revoked even if the assets of the board concerned are (or will be after the transfer) insufficient to meet its liabilities and the expenses of the winding up of the board in pursuance of section 4(1) below.

        (4) Subject to subsection (5) below, the provisions of section 15(5) to (9) below shall apply in relation to any direction given by the Secretary of State under subsection (1) above as they apply in relation to any direction given by him under section 15(1) or (2) below.

        (5) Where any such direction is given in a case where an industrial training order is revoked, those provisions shall so apply with the omission from section 15(6) below of the words from "during such period" onwards.

    Transfer of staff employed by boards.

            3B.    —  (1) If arrangements are made (whether in connection with a transfer of assets under section 3A(1) above or otherwise) for any activities of an industrial training board to be carried on by some other person ("the transferee") as from a particular date, this section shall have effect in relation to any employee of the board who, immediately before that date, was employed wholly or mainly in connection with those activities.

        (2) The [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply in relation to any such employee of the board in accordance with subsection (3) below.

        (3) For the purposes of the application of those Regulations in relation to any such employee, the activities referred to in subsection (1) above shall (whether or not they would otherwise be so regarded) be regarded—
       (a) as constituting an undertaking within the meaning of those Regulations which is transferred from the board to the transferee on the date referred to in that subsection, and
       (b) as being so transferred by a transfer to which those Regulations apply and which is completed on that date.


        (4) A certificate issued by an industrial training board, in connection with any such arrangements as are referred to in subsection (1) above, to the effect that a person was, immediately before the date referred to in that subsection, employed by the board wholly or mainly in connection with the activities to which the arrangements relate shall be conclusive evidence of the facts stated in the certificate.
    "


        (2) In section 4(2) of the [1982 c. 10.] Industrial Training Act 1982 (winding up of industrial training boards), the following provisions shall be substituted for paragraph (b)—
     " (b) for any assets of the board which are not required to meet those liabilities and expenses to be transferred to the Secretary of State and for those assets to be applied for purposes specified in the order.
     Any reference in this subsection to the assets of the board is a reference to the assets (if any) held by it after the making of any transfer or transfers under section 3A(1) above."

    Constitution of industrial training boards.

            25.—(1) In Schedule 1 to the Industrial Training Act 1982 (constitution etc. of industrial training boards), the following paragraph shall be substituted for paragraph 3—


        "    3.    —  (1) An industrial training board shall consist of—
       (a) a chairman and, if the Secretary of State thinks fit, a deputy chairman, each of whom shall be a person appearing to the Secretary of State to have industrial or commercial experience;
       (b) such number of persons appointed after the appropriate consultation as the Secretary of State thinks fit; and
       (c) such other persons (if any) whom it appears to the Secretary of State to be appropriate to appoint in addition to those appointed by virtue of paragraph (b) above.


        (2) A person appointed by virtue of sub-paragraph (1)(b) above shall at the time of his appointment be a person appearing to the Secretary of State to be concerned (whether as a director, manager or sole proprietor or otherwise) in the management of the activities, or any of the activities, of an employer engaging in the industry; and the reference in that provision to the appropriate consultation is areference to consultation with such organisations, or associations of organisations, representative of employers engaging in the industry as appear to the Secretary of State to be appropriate.

        (3) The Secretary of State shall not make any appointment by virtue of sub-paragraph (1)(c) above if to do so would result in the number of persons for the time being appointed by virtue of that provision being equal to, or greater than, the number of persons for the time being appointed by virtue of sub-paragraph (1)(b) above.

        (4) References in the following provisions of this Schedule to a chairman include a deputy chairman.
    "


        (2) Subject to subsection (4) below, the Secretary of State may reconstitute the membership of an industrial training board as from any time after the passing of this Act—
       (a) by terminating such of the appointments of its existing members as would otherwise expire after that time, and
       (b) by making fresh appointments to it, as from that time, in accordance with the provisions substituted by subsection (1) above.
        (3) The termination of a person's appointment to an industrial training board in accordance with paragraph (a) of subsection (2) above shall not preclude him from being re-appointed to the board in pursuance of paragraph (b) of that subsection.

        (4) The power conferred on the Secretary of State by subsection (2) above shall not be exercisable in relation to an industrial training board if all of its members were appointed to it in accordance with the provisions substituted by subsection (1) above (whether they were so appointed in pursuance of subsection (2)(b) above or otherwise).
     
    Transfer of staff employed in Skills Training Agency

    Transfer of staff employed in Skills Training Agency.

            26.—(1) If the Secretary of State makes arrangements—
       (a) for any designated undertaking to be carried on by some other person as from a particular date, and
       (b) for that person to become the employer of the persons who, immediately before that date, are employed in the civil service of the State in that undertaking,
    this section shall have effect in relation to those employees.

        (2) In this section—
      "designated undertaking" means such activities as the Secretary of State may by order designate for the purposes of this section, being—
       (a) all or any of the activities for the time being carried on at or from any Skillcentre specified in the order, or
       (b) all or any of the activities so carried on at or from any two or more Skillcentres so specified, or
       (c) any other activities for the time being carried on by the Skills Training Agency;
      "the new employer" means the person referred to in subsection (1)(a);
      "the relevant employees" means the employees referred to in subsection (1)(b); and
      "the specified date" means the date referred to in subsection (1)(a).
        (3) The [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply in relation to the relevant employees in accordance with subsections (4) and (5).

        (4) For the purposes of the application of those Regulations in relation to any of those employees, the designated undertaking referred to in subsection (1)(a) shall (whether or not it would otherwise be so regarded) be regarded—
       (a) as an undertaking within the meaning of those Regulations which is transferred from the Secretary of State to the new employer on the specified date, and
       (b) as being so transferred by a transfer to which those Regulations apply and which is completed on that date.
        (5) Those Regulations shall apply in relation to any of the relevant employees as if, as respects any time before the specified date—
       (a) any reference to a person's contract of employment included a reference to his employment in the civil service of the State or to the terms of that employment, as the context may require, and
       (b) any reference to the dismissal of a person included a reference to the termination of his employment in that service.
        (6) Where any person is, in pursuance of any arrangements falling within subsection (1), to cease to be employed in the civil service of the State and to become employed by the new employer, none of the agreed redundancy procedures applicable to persons employed in that service shall apply to him.

        (7) Where, in pursuance of any such arrangements, a person ceases to be employed in the civil service of the State and becomes employed by the new employer, he shall not, on ceasing to be employed in that service, be treated for the purposes of any scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 as having been retired on redundancy.

        (8) A certificate issued by the Secretary of State to the effect that a person was, immediately before a particular date, employed in the civil service of the State in a designated undertaking shall be conclusive evidence of the facts stated in the certificate.
     
    General

    Power to make corresponding provision for Northern Ireland.

            27.—(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of any of the following provisions of this Act, namely, sections 1 to 6, 7(1), 8 to 11 and 16 to 19—
       (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
       (b) shall be subject to annulment in pursuance of a resolution of either House.
        (2) It is hereby declared that for the purposes of the [1973 c. 36.] Northern Ireland Constitution Act 1973 a provision contained in—
       (a) 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
       (b) any statutory rule for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979 made under such an Order as is mentioned in paragraph (a),
    is not a provision dealing with an excepted matter.

    Orders.

            28.—(1) Any power to make an order under this Act shall be exercisable by statutory instrument.

        (2) The Secretary of State shall consult the Equal Opportunities Commission before making—
       (a) an order under section 2 which makes any amendment or repeal of any provision of an Act, or
       (b) an order under section 6.
        (3) An order of one of the following descriptions, namely—
       (a) such an order under section 2 as is mentioned in subsection (2)(a), or
       (b) an order under section 6(1)(a) which preserves the effect of any provision of an Act,
    shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

        (4) Any statutory instrument containing an order under this Act other than—
       (a) an order to which subsection (3) applies,
       (b) an order under section 26, or
       (c) an order under section 30,
    shall be subject to annulment in pursuance of a resolution of either House of Parliament.

        (5) An order under this Act may contain such consequential or transitional provisions or savings as appear to the Secretary of State to be necessary or expedient.

    Interpretation, minor and consequential amendments, repeals, etc.

            29.—(1) In this Act—
      "the 1975 Act" means the [1975 c. 65.] Sex Discrimination Act 1975;
      "the 1978 Act" means the [1978 c. 44.] Employment Protection (Consolidation) Act 1978;
      "act" includes a deliberate omission;
      "subordinate legislation" has the same meaning as in the [1978 c. 30.] Interpretation Act 1978;
      "vocational training" includes advanced vocational training and retraining.
        (2) Any reference in this Act to vocational training shall be construed as including a reference to vocational guidance.

        (3) The enactments mentioned in Schedule 6 shall have effect subject to the minor and consequential amendments specified in that Schedule.

        (4) The enactments mentioned in Schedule 7 (which include some spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

        (5) The instruments mentioned in Schedule 8 are hereby revoked to the extent specified in the third column of that Schedule.

        (6) The transitional provisions and savings contained in Schedule 9 shall have effect.

    Short title, commencement and extent.

            30.—(1) This Act may be cited as the Employment Act 1989.

        (2) The following provisions shall come into force on the day on which this Act is passed, namely—
       (a) section 8;
       (b) section 10(3) to (6);
       (c) sections 11 and 12;
       (d) section 22 and Schedules 4 and 5;
       (e) sections 23 to 28;
       (f) section 29(1) and (2);
       (g) paragraphs 9 to 15, 17 and 27 to 29 of Schedule 6 and section 29(3) so far as relating thereto;
       (h) Part I of Schedule 7 and section 29(4) so far as relating thereto;
       (i) section 29(6) and Schedule 9; and
       (j) this section.
        (3) The following provisions shall come into force at the end of the period of two months beginning with the day on which this Act is passed, namely—
       (a) sections 1 to 6 and Schedule 1;
       (b) section 7;
       (c) section 9(1), (2) and (4) to (6) and Schedule 2;
       (d) section 10(1) and Parts I and II of Schedule 3 except so far as they repeal section 1(3) of, and Part II of the Schedule to, the [1920 c. 65.] Employment of Women, Young Persons, and Children Act 1920 and section 119A of the [1961 c. 34.] Factories Act 1961;
       (e) section 10(2) and Part III of Schedule 3;
       (f) sections 16 to 19;
       (g) section 21;
       (h) paragraphs 3 to 5, 7, 8, 16, 20 to 25 and 30 of Schedule 6 and section 29(3) so far as relating thereto;
       (i) Part II of Schedule 7 and section 29(4) so far as relating thereto; and
       (j) section 29(5) and Schedule 8.
        (4) The remainder of this Act shall come into force on such day as the Secretary of State may appoint by order, and different days may be appointed for different provisions or for different purposes.

        (5) With the exception of the provisions mentioned in subsection (6), this Act does not extend to Northern Ireland.

        (6) Those provisions are—
       (a) 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 [1922 c. 35.] Celluloid and Cinematograph Film Act 1922);
       (b) section 10(6);
       (c) paragraph 2 of Schedule 5 and section 22(5) so far as relating thereto;
       (d) section 27 (which extends only to Northern Ireland); and
       (e) this section.
     
     continueprevious sectioncontents
     Other UK Acts | Home | Scotland Legislation | Wales Legislation | Company Formation Online | Company Formations in Republic of Ireland | Company Registration in Northern Ireland | Incorporate in California, Nevada, Florida and New York | Incorporate Offshore

    © Crown copyright 1989
    Prepared 20th September 2000

    Employment Act 1989 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
    Publishing Rights: Coddan CPM Core Licence (HMSO) number is C02W0007897 issued on 25 November 2005 by HMSO Licensing Division (Core Licence.pdf Licence to reproduce public sector information).
    Copyright © 1993-2012. All rights reserved. The logo and the Coddan company brand are registered trademarks of Coddan CPM Ltd. Coddan CPM Ltd is a private limited company registered in England, whose registered number is 05370296, and whose registered office address is 124 Baker street, London W1U 6TY, VAT registered number is 864 142 527. Coddan CPM Ltd is committed to respecting the data which we hold on you. Your details are processed and kept securely in accordance with the Data Protection Act 1998, DTA registration number is PZ9265799. The content of this site is protected under applicable copyright and trademark laws. Personal use of material is permitted for research and/or information purposes only.

    Limited company formation and small business start-up advice - we are offering companies registrations in England, Wales, Scotland, Northern Ireland, Republic of Ireland, USA and offshore jurisdictions. Our simple and cost-effective business starting-up service has various packages available to suit all needs. Expert advice and cost efficient business registration services to assist companies with their statutory obligations, including business administration, bookkeeping, accounting and annual accounting and annual return preparation. We can also help you to introduce and arrange a business bank account in the United Kingdom, Republic of Ireland, Cyprus, Gibraltar and in many other offshore countries.

    All content within this site, including, but not limited to text, software, graphics, logos, icons and images are the property of the Coddan CPM Ltd. Except as provided herein, no portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Coddan CPM Ltd. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained. All of the information contained on this web site is not meant to be advice, nor should it be followed. The information on this site pertains to UK law only and is offered as a public service. It is not intended to give legal advice about a specific legal problem, nor does it create an attorney-client relationship. Due to the importance of the individual facts of every case, the generalizations we make may not necessarily be applicable to any particular case. Changes in the law could at any time make parts of this web site obsolete. Coddan does not represent nor warrant the accuracy of any of the information contained herein, nor should it be relied upon.

    Due to the introduction of the Anti Money Laundering Regulations 2007 it is now a legal requirement that all trusts and company service providers are MLR registered. Coddan CPM Limited has been granted an MLR Registration Number 12298927. This means that we have passed the fit and proper test and successfully applied for and received confirmation from HM Customs and Excise. Please be aware that any formation agent operating without being MLR registered is not complying with the Law. We would strongly advise you to ask for an MLR number prior to processing a formation through any agent.

    In the event of Companies House rejecting an application or submission you will have three days to re-submit the application with appropriate corrections at no extra charge. We reserve the right to cancel the contract between us if one or more of the goods or services that you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier. If we do cancel your order for this reason, we will notify you by email and will credit your account with any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. Products are delivered using Royal Mail recorded delivery post, or e-mail (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you. Website Last Updated: 5/23/2012