delete Relevant public sector employers
These regulations extend the application of section 116B of the Trade Union and Labour Relations (Consolidation) Act 1992, which restricts public sector wage deductions for trade union subscriptions. They treat certain non-public bodies as public authorities for this purpose, specify additional public sector employers (government departments, Scottish Ministers, Schedule-listed bodies), and retroactively treat existing contracts and collective agreements as prohibiting union subscription deductions not in accordance with section 116B(1).
These regulations restrict voluntary contractual arrangements by mandating government-dictated terms for how public sector wage deductions for union subscriptions must operate. The retroactive treatment of existing contracts as containing different terms than those actually agreed upon is particularly problematic — it modifies contractual obligations by legislative fiat rather than negotiation. Such restrictions limit the freedom of public sector bodies and workers to enter into mutually beneficial arrangements of their choosing, imposing costs through reduced contractual flexibility and enforced compliance with a one-size-fits-all statutory framework.