Validity of contracts, collective
agreements and rules of undertakings 35. Schedule 4 (validity of contracts, collective
agreements and rules of undertakings) shall have
effect.
Application to the Crown
etc 36. - (1) These Regulations apply -
(a) to an act done by or for purposes of a Minister of the Crown
or government department; or
(b) to an act done on behalf of
the Crown by a statutory body, or a person holding a statutory
office,
as they apply to an act done by a private
person.
(2) These Regulations apply
to -
(a) service for purposes of a Minister of the Crown or
government department, other than service of a person holding a
statutory office;
(b) service on behalf of the Crown for
purposes of a person holding a statutory office or purposes of a
statutory body; or
(c) service in the armed
forces,
as they apply to employment by a private person, and shall so apply
as if references to a contract of employment included references to
the terms of service.
(3) Paragraphs
(1) and (2) have effect subject to regulation 11
(police).
(4) Regulation 9(3) (meaning
of employment and contract work at establishment in Great Britain)
shall have effect in relation to any ship, aircraft or hovercraft
belonging to or possessed by Her Majesty in right of the government of
the United Kingdom as it has effect in relation to a ship, aircraft or
hovercraft specified in regulation 9(3)(a) or
(b).
(5) The provisions of Parts II to
IV of the Crown Proceedings Act 1947[27]
shall apply to proceedings against the Crown under these Regulations
as they apply to proceedings in England and Wales which by virtue of
section 23 of that Act are treated for the purposes of Part II of that
Act as civil proceedings by or against the Crown, except that in their
application to proceedings under these Regulations section 20 of that
Act (removal of proceedings from county court to High Court) shall not
apply.
(6) The provisions of Part V of
the Crown Proceedings Act 1947 shall apply to proceedings against the
Crown under these Regulations as they apply to proceedings in Scotland
which by virtue of the said Part are treated as civil proceedings by
or against the Crown, except that in their application to proceedings
under these Regulations the proviso to section 44 of that Act (removal
of proceedings from the sheriff court to the Court of Session) shall
not apply.
(7) This paragraph applies
to any complaint by a person ("the complainant") that another
person -
(a) has committed an act of discrimination or harassment against
the complainant which is unlawful by virtue of regulation 6
(applicants and employees); or
(b) is by virtue of regulation
22 (liability of employers and principals) or 23 (aiding unlawful
acts) to be treated as having committed such an act of
discrimination or harassment against the complainant,
if at the time when the act complained of was done the complainant
was serving in the armed forces and the discrimination or harassment
in question relates to his service in those
forces.
(8) A complainant may present a
complaint to which paragraph (7) applies to an employment tribunal
under regulation 28 only if -
(a) he has made a complaint in respect of the same matter to an
officer under the service redress procedures applicable to him;
and
(b) that complaint has not been withdrawn.
(9) For the purpose of paragraph (8)(b), a
complainant shall be treated as having withdrawn his complaint if,
having made a complaint to an officer under the service redress
procedures applicable to him, he fails to submit that complaint to the
Defence Council under those
procedures.
(10) Where a complaint is
presented to an employment tribunal under regulation 28 by virtue of
paragraph (8), the service redress procedures may continue after the
complaint is so presented.
(11) In this
regulation -
"armed forces" means any of the naval, military or air forces of
the Crown;
"service for purposes of a Minister of the Crown or government
department" does not include service in any office mentioned in
Schedule 2 (Ministerial offices) to the House of Commons
Disqualification Act 1975[28];
"the service redress procedures" means the procedures, excluding
those which relate to the making of a report on a complaint to Her
Majesty, referred to in section 180 of the Army Act 1955[29],
section 180 of the Air Force Act 1955[30]
and section 130 of the Naval Discipline Act 1957[31];
and "statutory body" means a body set up by or in pursuance of an
enactment, and "statutory office" means an office so set up.
Amendments to
legislation 39. Schedule 5 (amendments to legislation)
shall have effect.
Jacqui Smith,
Minister of State, for
Industry and the Regions and Deputy Minister for Women and Equality,
Department of Trade and Industry
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