Commentary on provisions of Act Section 14: Facility Time: Reserve powers
This section inserts a new section 172B into the 1992 Act (immediately after the new section 172A inserted by section 13). The new section allows a Minister of the Crown to make regulations exercising reserve powers after 3 years from when the regulations under section 172A come into force, where the Minister considers it appropriate to do so having regard to information published in accordance with publication requirements, the cost to public funds of facility time in relation to each employer, the nature or any particular features of the various undertakings carried on by those employers and any other matters the Minister thinks relevant (subsection (1) of the new section).
	The reserve powers may not be exercised so as to apply to a public sector employer unless the Minister of the Crown has given notice in writing to the employer and the employer has had a reasonable period to respond to the notice and take any action that may be appropriate. The powers may not be exercised until after 12 months of the notice being given. The regulations are subject to the affirmative procedure and will apply to some or all public sector employers on whom publication requirements have been imposed under new section 172A. The reserve powers may be exercised so the regulations may cap the percentage of the employers' total pay bill spent on paying relevant union officials for facility time.
	The regulations may require employers to publish additional information (subsection (6) of the new section), which can be a basis for a further exercise of the reserve powers. Subject to any exceptions set out in the regulations (subsection (8) of the new section), such as for time off necessary to meet an employer’s duty to consult trade union representatives under section 188 of the 1992 Act, the regulations may also modify certain statutory or contractual rights of trade union representatives to time off for trade union duties or activities (subsections (4) and (10) (d) of the new section).