Member

132: After Clause 26, insert the following new Clause— “Independent advisers(1) Section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out) is amended as follows—(a) after subsection (4)(c) insert—“(ca) if they are a member of the Chartered Institute of Personnel and Development or other Professional Body and have been certified in writing by the Chartered Institute of Personnel and Development or, as the case may be, other Professional Body as competent to give advice, or”;(b) after subsection (4B) insert—“(4BA) In subsection (4)(ca) “Professional Body” means any organisation which is authorised by a regulation made by the Secretary of State pursuant to subsection (4BB).(4BB) The Secretary of State may make a regulation or regulations authorising any organisation as a Professional Body for the purposes of this section.(4BC) A statutory instrument containing regulations under subsection (4BB) is subject to annulment in pursuance of a resolution of either House of Parliament.”(2) Section 203 of the Employment Rights Act 1996 (restrictions on contracting out) is amended as follows—(a) after subsection (3A)(c) insert—“(ca) if they are a member of the Chartered Institute of Personnel and Development or other Professional Body and have been certified in writing by the Chartered Institute of Personnel and Development or, as the case may be, other Professional Body as competent to give advice, or”;(b) after subsection (4) insert—“(4A) In subsection (3A)(ca) “Professional Body” means any organisation which is authorised by a regulation made by the Secretary of State pursuant to subsection (4B).(4B) The Secretary of State may make a regulation or regulations authorising any organisation as a Professional Body for the purposes of this section.(4C) A statutory instrument containing regulations under subsection (4B) is subject to annulment in pursuance of a resolution of either House of Parliament.”(3) Section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out) is amended as follows—(a) after subsection (5)(c) insert—“(ca) if they are a member of the Chartered Institute of Personnel and Development or other Professional Body and have been certified in writing by the Chartered Institute of Personnel and Development or, as the case may be, other Professional Body as competent to give advice, or”;(b) after subsection (7) insert—“(7A) In subsection (5)(ca) “Professional Body” means any organisation which is authorised by a regulation made by the Secretary of State pursuant to subsection (7B).(7B) The Secretary of State may make a regulation or regulations authorising any organisation as a Professional Body for the purposes of this section.(7C) A statutory instrument containing regulations under subsection (7B) is subject to annulment in pursuance of a resolution of either House of Parliament.”(4) Section 58 of the Pensions Act 2008 (restrictions on agreements to limit operation) is amended as follows—(a) after subsection (6)(c) insert—“(ca) is a member of the Chartered Institute of Personnel and Development or other Professional Body and has been certified in writing by the Chartered Institute of Personnel and Development or, as the case may be, other Professional Body as competent to give advice, or”;(b) after subsection (8) insert—“(8A) In subsection (6)(ca) “Professional Body” means any organisation which is authorised by a regulation made by the Secretary of State pursuant to subsection (8B).(8B) The Secretary of State may make a regulation or regulations authorising any organisation as a Professional Body for the purposes of this section.(8C) A statutory instrument containing regulations under subsection (8B) is subject to annulment in pursuance of a resolution of either House of Parliament.”(5) Section 147 of the Equality Act 2010 (qualifying settlement agreement) is amended as follows—(a) after subsection (4)(c) insert—“(ca) a member of the Chartered Institute of Personnel and Development or other Professional Body certified in writing by the Chartered Institute of Personnel and Development or, as the case may be, other Professional Body as competent to give advice;”;(b) after subsection (6) insert—“(6A) In subsection (4)(ca) “Professional Body” means any organisation which is authorised by a regulation made by the Secretary of State pursuant to subsection (6B).(6B) The Secretary of State may make a regulation or regulations authorising any organisation as a Professional Body for the purposes of this section.(6C) A statutory instrument containing regulations under subsection (6B) is subject to annulment in pursuance of a resolution of either House of Parliament.””Member's explanatory statement This clause expands the independent advisers who may advise employees and workers on a settlement agreement.