This Section amends section 3 of the Employment Relations Act 1999 to extend the Secretary of State’s powers to make regulations to include prohibitions to lists that are not prepared for the purposes of discrimination, but that subsequently are used for that. This enables secondary legislation to be brought in to ensure that where AI compiles a list (and a person with a view to discriminate is not involved in compiling that list); where that list is subsequently used or sold or supplied by a person with a view to discriminate – that list becomes a prohibited list at that point.
	Subsection (1) specifies that the Section amends section 3 of the Employment Relations Act 1999 (blacklists).
	Subsection (2) removes reference in section 3(1)(b) of the Employment Relations Act 1999 to employers or employment agencies, thereby widening the scope of the existing power so that regulations can strengthen protections in relation to third parties compiling blacklists.
	Subsection (3) inserts a new subsection (2A). This enables the Secretary of State to make regulations that prohibit the use, sale or supply of lists containing the details of trade union members or those who have taken part in trade union activities for the purposes of discrimination in relation to recruitment or the treatment of workers. This broadens the existing power to make regulations providing protections against blacklisting.
	Subsection (4)(a) amends subsection 3(3) of the Employment Relations Act 1999 by adding that the Secretary of State may make regulations in relation to third party use of blacklists.
	Subsection (4)(b) enables regulations to be made in relation to the new section 2A to include provision in relation to dismissal of an employee.
Part 4: Trade Unions and Industrial Action, etc Blacklists Section 67: Blacklists: additional powers