Legislation – The Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026
Schedule 2Transitional and saving provisions in relation to Part 4 of the 2025 Act
Section 83 of the 2025 Act (powers to be exercised only on application)
16.
(1)
Section 83 of the 2025 Act (powers to be exercised only on application) does not affect any exercise of powers by the Certification Officer in relation to a specified failure or breach by a trade union in relation to which, before the commencement date, and whether or not following an application to the Officer by another person, the Officer—
(a)
makes written enquiry of a trade union, or
(b)
otherwise gives written notification to a trade union that the Officer is considering exercising their powers in relation to that failure or breach or possible failure or breach.
(2)
In this paragraph, “specified” means specified by the Officer (whether as a failure or breach or possible failure or breach) in the enquiry or notification referred to in sub-paragraph (1).