This is Section introduces a duty for employers to keep records relating to annual leave entitlement and to retain these records for 6 years from the date on which they were made.
	Subsection (1) provides that the Working Time Regulations 1998 will be amended as follows.
	Subsection (2) insert new regulation 16B - Records relating to annual leave entitlement into the Working Time Regulations 1998 under Part 2 (rights and obligations concerning working time).
	Subsection (3) inserts "or with regulation 16B (1)" (records relating to annual leave entitlement) after "relevant requirements" in Regulation 29 (offences) of the Working Time Regulations 1998. This makes it an offence, punishable by with a fine, to fail to comply with the duty in new regulation 16B(1), as inserted by paragraph (2).
	Subsection (4) amends regulation 29C (restriction on institution of proceedings in England and Wales) by making the existing provision subparagraph (1) and adding subparagraph (2) as follows. "But paragraph (1) does not prevent the Secretary of State from instituting proceedings in England and Wales for an offence under regulation 29(1) in respect of a failure to comply with regulation 16B(1) (duty to keep records)". This ensures the requirement in regulation 29C to seek consent from the Director of Public Prosecutions before commencing proceedings for the offence will not apply to the duty in regulation 16B(1).
Part 2: Other Matters Relating to Employment Annual leave records Section 35: Duty to keep records relating to annual leave