Member

83: Clause 26, page 47, line 21, at end insert— “(5A) In this section—“English local authority” means—(a) a county council or district council in England;(b) a London borough council;(c) the Greater London Authority;(d) the Council of the Isles of Scilly;(e) the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;(f) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;(g) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;“local authority” means—(a) an English local authority,(b) a Welsh local authority, or(c) a Scottish local authority;“public sector employer” means a person that—(a) is wholly or mainly funded from public funds,(b) is under a statutory duty to carry out any functions of a public nature, and(c) so far as carrying out those functions, does not operate on a commercial basis;“recognised” , in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);“relevant intervention direction” means—(a) in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);(b) in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);(c) in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);“Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;“statutory duty” means a duty imposed by or under any enactment, including—(a) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and(b) an Act of the Scottish Parliament;“statutory functions” , in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;“Welsh local authority” means— (a) a county council or county borough council in Wales;(b) a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.”Member’s explanatory statement This amendment inserts a number of definitions that are needed for the purposes of section 104I of the Employment Rights Act 1996, as amended by my other amendments of clause 26.