This Section gives the Secretary of State the power to bring proceedings in employment tribunals in England and Wales, and Scotland.
	Subsection (1) sets out that the Secretary of State may bring proceedings in an employment tribunal, in place of a worker, where the worker has a right under relevant legislation to bring the proceedings themselves and it appears to the Secretary of State that they are not going to do so.
	Subsection (2) sets out that subsection (1) does not give the Secretary of State power to present a complaint in relation to any right of a worker under the Agricultural Sector (Wales) Act 2014 or the Agricultural Wages (Scotland) Act 1949. It also does not give the Secretary of State power to bring proceedings where a notice of underpayment has been given under Section 103 of this Act.
	Subsection (3) sets out that any proceedings brought by the Secretary of State are to be dealt with by the employment tribunal as if brought by the worker, and for the purposes of the proceedings any references to the worker in any enactment should be read as a reference to the Secretary of State.
	Subsection (4) provides that, despite subsection (3), any powers of an employment tribunal to make declarations, decisions, awards or other orders are exercisable in relation to the worker and not the Secretary of State.
	Subsection (5) makes it clear that appeals can be brought by the Secretary of State and the worker.
	Subsection (6) provides that the Secretary of State is not liable to a worker for anything done (or not done) in connection with this power.
	Subsection (7) clarifies these powers can cover all types of proceedings which can be brought in an employment tribunal. Additionally, this subsection provides that references to the Secretary of State in relation to their power to bring proceedings in the employment tribunal should be read as references to enforcement officers, which enables enforcement officers to exercise the powers of the Secretary of State under this Section.
Part 5: Enforcement of Labour Market Legislation Powers relating to civil proceedings Section 116 – Power to bring proceedings in employment tribunal