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HR and legal

regulations

Although the general principles of any new employment right are usually set out in an Act of Parliament, ministers are often given the power to make regulations to flesh out the detail. When these regulations are made, they are contained in what is known as a statutory instrument. In the area of maternity rights, for example, the Employment Rights Act 1996 establishes a general framework for maternity leave, but the detail is set out in the Maternity and Parental Leave etc. Regulations 1999.

Translating European law

When the European Community adopts legislation, the UK is obliged to translate it into domestic law (directives ). The European Communities Act 1972 gives ministers the power to implement Community law through regulations, avoiding the lengthy process involved in the adoption of an Act of Parliament. For example, the EC Burden of Proof Directive was translated into UK law through the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001, made by the Secretary of State under the European Communities Act.

The text of statutory instruments is available from the Stationery Office ( Making the law links ).

related links
EC: Employment and Social Affairs
The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.