Various

1st October 2009 - new law

In December 2003 the DTI announced that it would introduce domestic employment regulations for which it has responsibility on two dates each year: April 6th (the start of the tax year) and October 1st (the annual date on which the minimum wage is revised). The BIS, the current incarnation of what was the DTI, has continued this policy.

Below is a list of employment law related regulations and orders in force on October 1st 2009. Following the more generally signficant ones are links to relevant commentary fact cards on the www.emplaw.co.uk website. You can also go to April 2009 archived notes which note the more important new rules which came into force then.

In addition to the items noted below there are other new "October 2009" matters worth noting here:

  1. the replacement of the House of Lords and Privy Council (judicial functions) by the new Supreme Court;
  2. on 12th October the first main steps to implement the new "vetting and barring" scheme designed to protect children and vulnerable adults will come into force (see Acts of Parliament etc/Safeguarding Vulnerable Groups Act 2006 ); and, rather more mundanely,
  3. a new ACAS Code of Practice (CoP3) on Time off for trade union duties and activities, including guidance on time off for Trade Union Learning Representatives (see notes at ACAS/codes of practice ).

A list of employment related orders and regulations in effect on 1st October 2009

Order/regulations Notes Relevant Emplaw commentary
  • The Agricultural Wages Order 2009 for England and Wales
  • Increases in minimum wage for agricultural workers Minimum Wage/agricultural workers
  • The Companies (Disqualification Orders) Regulations 2009, SI 2009/2471
  • The Companies (Disqualification Orders) Regulations 2001, SI 2001/967 and amending regulations are revoked and consolidated, with minor amendments. Company Directors/disqualification of/basic position
  • The Companies (Disclosure of Address) Regulations 2009, SI 2009/214
  • Directors’ usual residential addresses will no longer be publicly available from Companies House. Company Directors/service contracts to be open to inspection
  • The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009 SI 2009/1802
  • detailed amendments to Companies Act 2006 Part 35 - which deals with the functions etc of the registrar of companies Acts of Parliament etc/Companies Act 2006
  • The Data Protection (Notification and Notification Fees) (Amendment) Regulations 2009 SI 2002/1677
  • New fees for notifications to the Information Commissioner Data protection/a general note
  • The European Public Limited-Liability Company (Amendment) Regulations 2009, SI 2009/2400
  • updates the European Public Limited-Liability Company Regulations 2004 SI 2004/2326 European Law/directives etc/european company
  • The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009, SI 2009/2401
  • continues implementation in Great Britain of "single European company" rules in light of the Companies Act 2006 European Law/directives etc/european company
  • The Identity Cards Act 2006 (Commencement No. 3) Order 2009, SI 2009/2302
  • Third commencement order is in force from 1st October 2009 Acts of Parliament etc /Identity Cards Act 2006
  • The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 SI 2009/1804
  • updates regulations in light of the Companies Act 2006 Partnerships /Limited Liability Partnerships
  • The Limited Liability Partnerships (Amendment) Regulations 2009 SI 2002/1833
  • correct an error in SI 2009/1804 above Partnerships /Limited Liability Partnerships
  • The Limited Partnerships (Forms) Rules 2009 SI 2009/2160
  • Limited Partnership Rules 1907 are revoked and certain mandatory forms are specifed for use. Partnerships /Limited Liability Partnerships
  • The Limited Liability Partnerships (Scotland) Amendment Regulations 2009, SSI 2009/310
  • minor amendments to the Limited Liability Partnerships (Scotland) Regulations 2001, SSI 2001/128 Partnerships /Limited Liability Partnerships
  • The National Minimum Wage Regulations 1999 (Amendment) Regulations 2009, SI 2009/1902
  • Annual increase in the NMW and amend the main regulations so that tips can no longer count towards the NMW Minimum Wage/2008 and 2009 increases and Minimum wage/tips
  • The Police Act 1997 (Criminal Records) (Amendment) Regulations 2009, SI 2009/2428
  • reduce the fee for an application for a standard criminal records certificate from £31 to £26 Criminal law aspects /vetting of job applicants /position under Police Act 1997
  • The Private Security Industry Act 2001 (Licences) Regulations 2007 (Amendment No. 2) Regulations 2009, SI 2009/2398
  • adds questions relating to the applicant’s right to work in the United Kingdom to PSIA application form Specific employments/security guards
  • The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2009, SI 2009/2457
  • adds to the list of "prescribed persons" Whistleblowing /a general note
  • The Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) Regulations 2009 SI 2009/2101
  • Details of fees payable to the Registrar of Companies under various provisions of Companies Act 2006 Acts of Parliament etc/Companies Act 2006
  • The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2009 SI 2009/2343
  • Amendments, made under the Welfare Reform Act 2007 to various earnings levels and limitsSocial Security/employment related benefits/Incapacity BenefitAppeals#uu
  • The Work and Families (Increase of the Maximum Amount) Order 2009, SI 2009/1903
  • increases the cap on a week's pay to £380 Compensation/2009 limit increases
  • The Workplace Parking Levy (England) Regulations 2009, SI 2009/2085
  • Workplace Parking Levy likely to come into effect in 2011 Acts of Parliament etc/Transport Act 2000

    There is a useful list of Company Law changes in effect on 1st October 2009 on the FPB website

    FINISH>
    updated 29th September 2009