Department for Business, Innovation, Science and Trade Legislation

13 statutory instruments made by the Department for Business, Innovation, Science and Trade, newest first. Each one is explained section by section in plain English.

The Code of Practice (Access and Unfair Practices During the Recognition and Derecognition Process) Order 2026

Published: Tue 27th Oct 26 Comes into force: Fri 30th Oct 26

Enacted a revised statutory Code of Practice setting standards for workplace access and prohibiting unfair practices during trade union recognition and derecognition procedures from 30 October 2026.


This Order brings into legal effect a revised Code of Practice governing how trade unions access workplaces and what constitutes unfair conduct during statutory recognition and derecognition processes.

It applies to employers and trade unions in England, Wales, and Scotland involved in applications to the Central Arbitration Committee under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992.

The Order establishes 30 October 2026 as the commencement date for the new standards, while maintaining the 2005 Code for applications submitted before this date.

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The Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026

Published: Wed 21st Oct 26

Activated a revised ACAS Code of Practice governing trade union time off entitlements effective from 30 October 2026.


This Order appoints 30 October 2026 as the commencement date for the revised ACAS Code of Practice on Time Off for Trade Union Duties and Activities.

It applies to employers and employees in England, Wales, and Scotland, providing updated guidance on the statutory rights of trade union representatives, learning representatives, and equality representatives to take time off for their respective roles.

The Order ensures that the previous 2010 Code continues to govern employment tribunal claims relating to employer failures that occurred prior to the new commencement date.

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The Trade Unions (Right to Access Workplaces) Regulations 2026

Published: Tue 20th Oct 26 Comes into force: Fri 30th Oct 26

Established statutory timelines, conditions for access refusal, and financial penalties for trade union workplace access requests.


These Regulations establish the procedural framework and substantive rules governing the right of trade union officials to access workplaces in England, Wales, and Scotland.

They direct the Central Arbitration Committee (CAC) to determine access disputes, prescribe strict timeframes for employer responses and negotiations, and mandate the refusal of access in specific circumstances such as national security or for employers with fewer than 21 workers.

The instrument applies to qualifying trade unions, employers, and any third parties whose cooperation is required for workplace access, while also introducing a tiered financial penalty regime for non-compliance with access orders.

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The Protection Against Detriment (Industrial Action) Regulations 2026

Published: Tue 20th Oct 26 Comes into force: Fri 30th Oct 26

Prohibited employers from subjecting workers to detriments for taking industrial action and enabled tribunal award adjustments for related claims.


These Regulations establish legal protections for workers against being subjected to any form of detriment by their employers for participating in protected industrial action.

The instrument implements powers under the Trade Union and Labour Relations (Consolidation) Act 1992 to define the scope of prohibited employer actions and integrates these protections into the existing framework for employment tribunal awards.

It applies to workers in England, Wales, and Scotland, while explicitly preserving the common law right of employers to deduct pay for time spent on strike.

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The Code of Practice (Right of Trade Unions to Access Workplaces) Order 2026

Published: Mon 19th Oct 26 Comes into force: Fri 30th Oct 26

Activated a new statutory Code of Practice governing how trade unions access and communicate with workers at their places of employment.


This Order establishes the effective date for the statutory Code of Practice regarding trade union access to workplaces in England, Wales, and Scotland.

It directs that the guidance, which assists trade unions and employers in managing union entry to work sites and communication with staff, officially commences on 30 October 2026.

The Order applies to employers, trade unions, and workers across the private, public, and voluntary sectors, giving legal weight to the guidance issued by the Secretary of State under the Trade Union and Labour Relations (Consolidation) Act 1992.

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The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026

Commenced workplace sexual harassment protections and expanded trade union recognition and access rights from 30 October 2026.


These Regulations bring several major provisions of the Employment Rights Act 2025 into force on 30 October 2026, primarily concerning workplace harassment protections, seafarers' conditions, and trade union rights.

They mandate that employers take reasonable steps to prevent sexual harassment, introduce liability for third-party harassment, and grant trade unions expanded access to workplaces and facilities for equality representatives.

The order also establishes transitional rules to ensure that ongoing trade union recognition applications filed before the commencement date continue under the previous legal framework.

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The Digital Markets, Competition and Consumers Act 2024 (Commencement No. 3 and Transitional Provisions) (Amendment) Regulations 2026

Published: Tue 22nd Sept 26 Came into force: Thu 17th Sept 26

Extended the transitional period for Alternative Dispute Resolution providers from 5 October 2026 to 7 January 2027.


These Regulations amend the transitional provisions of the Digital Markets, Competition and Consumers Act 2024 to extend the deadline for Alternative Dispute Resolution (ADR) providers and special ADR arrangements to comply with new requirements.

The document changes the end date of the transitional period from 5 October 2026 to 7 January 2027.

This extension applies to ADR providers, particularly those in the aviation sector, and enables the Civil Aviation Authority to be integrated as a competent authority within the new regulatory framework.

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The Toys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) Regulations 2026

Published: Tue 8th Sept 26 Comes into force: Mon 8th Mar 27

Authorized the use of cobalt in specific toy components including stainless steel, electrical parts, and certain magnets from 8 March 2027.


These Regulations amend the Toys (Safety) Regulations 2011 to permit the use of cobalt in specific toy components where it was previously prohibited due to its classification as a carcinogenic, mutagenic, or toxic for reproduction (CMR) substance.

The instrument authorizes cobalt use in stainless steel components (including as an impurity in nickel), electrical conductors, and neodymium-based magnets that are not inhalable or swallowable.

It applies to toy manufacturers, importers, and distributors placing products on the market in England, Wales, and Scotland, while also updating references to EU directives to ensure the continued recognition of CE-marked goods.

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