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Working Time Regulations 1998

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38-643: The Working Time Regulations 1998 ( SI 1998/1833 ) is a statutory instrument in UK labour law which implemented the EU Working Time Directive 2003 . It was updated in 1999, but these amendments were then withdrawn in 2006 following a legal challenge in the European Court of Justice. It does not extend to Northern Ireland. The Working Time Regulations create a basic set of rights for the time people work, particularly 28 days paid holidays,

76-768: A Welsh constituency at Westminster. These factors led to growing calls for political devolution. The Welsh Office was disbanded on 1 July 1999 when most of its powers were transferred to the National Assembly for Wales. Charles III Heir Apparent William, Prince of Wales First Minister ( list ) Rt Hon Eluned Morgan MS ( L ) Deputy First Minister Huw Irranca-Davies MS ( L ) Counsel General-designate – Elisabeth Jones Chief Whip and Trefnydd – Jane Hutt MS (L) Permanent Secretary Sixth Senedd Llywydd (Presiding Officer) Elin Jones MS ( PC ) Leader of

114-625: A full debate on contentious issues. Devolved administrations also have the power to make Statutory Instruments within the heads of powers that are devolved to them. Wales Statutory Instruments made by the Welsh Government are published as a subseries of the UK statutory instrument series—for example, the Environment (Wales) Act 2016 (Commencement No. 3) Order 2017 is numbered 2017   No.   714   (W.   171) , meaning it

152-439: A right to 20 minute paid breaks for each 6 hours worked, a right to weekly rest of at least one full 24 hour period, and the right to limit the working week to 48 hours. These are designed to be minimum standards, which anybody's individual contract or collective agreement through a trade union may improve upon. The Regulations apply to all workers (not just employees) and stipulate minimum rest breaks, daily rest, weekly rest and

190-559: A subseries of the UK series—instead, they are published separately by the Queen's Printer for Scotland . However, any UK statutory instruments dealing with reserved matters and applying only to Scotland are published in a UK subseries, such as the Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 2016 numbered 2016   No.   185   (S.   1) . In Northern Ireland , delegated legislation

228-662: Is a Labour minority administration , following the 2021 Senedd election . It is led by Eluned Morgan who has been the first minister of Wales since August 2024. Prior to devolution in 1999 many executive functions for Wales were carried out by the Secretary of State for Wales and the Welsh Office . The Welsh Office was a department in the Government of the United Kingdom with responsibilities for Wales. It

266-531: Is also responsible for some public bodies that are not classed as WGSBs, such as NHS Wales , and the Welsh Offices of England and Wales legal offices. The Welsh Government has a total of 18 core and operational offices across Wales. It also has an office based in Westminster. Additionally, it has 7 specialist properties across Wales, which include stores, traffic management centres and the pavilion at

304-542: Is chaired by the permanent secretary. Board members are appointed at the discretion of and by the permanent secretary. Membership is not wholly dependent on functional responsibilities; it is designed to provide balanced advice and support to the permanent secretary, and collective leadership to the organisation as a whole. The Welsh Government is responsible for a number of Welsh Government sponsored bodies (WGSBs). These are, respectively, WGSBs are staffed by public servants rather than civil servants. The Welsh Government

342-566: Is led by the first minister , usually the leader of the largest party in the Senedd (Welsh Parliament; Welsh : Senedd Cymru ), who selects ministers with the approval of the Senedd. The government is responsible for tabling policy in devolved areas (such as health, education, economic development, transport and local government) for consideration by the Senedd and implementing policy that has been approved by it. The current Welsh Government

380-589: Is organised into statutory rules , rather than statutory instruments. In the Republic of Ireland the term "statutory instrument" is given a much broader meaning than under the UK legislation. Under the Statutory Instruments Act 1947 a statutory instrument is defined as being "an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute". However, only certain statutory instrument are published and numbered by

418-673: Is the 714th statutory instrument in the UK series and 171st in the Wales subseries. In Scotland , statutory instruments made by the Scottish Government were governed by the Statutory Instruments Act 1946 following devolution until the Interpretation and Legislative Reform (Scotland) Act 2010 came into force. Unlike Wales Statutory Instruments, Scottish Statutory Instruments are not published as

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456-564: The Cabinet Secretary , for professional conduct. The permanent secretary remains, however, at the direction of the Welsh ministers. The Welsh Government Board translates the strategic direction set by the Welsh cabinet and its committees into work that is joined up across Welsh Government departments and makes the best use of its resources. The board is made up of six directors general, six directors and four non-executive directors, and

494-688: The European Court of Justice that bind the UK in the operation of the Working Time Directive and consequently the Regulations. Statutory instrument In many countries, a statutory instrument is a form of delegated legislation . Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom . Statutory instruments (or 'regulations') are primarily governed by

532-699: The Stationery Office , this being mostly where the statute enabling the enactment of delegated legislation required that any such legislation be laid before the Houses of the Oireachtas . Two close equivalents of similar operation are Similarly to the United Kingdom, national and state/provincial governments in Australia and Canada also call their delegated legislation statutory instruments. Canada uses statutory instruments for proclamations by

570-692: The Statutory Instruments Act 1946 , which replaced the system of statutory rules and orders governed by the Rules Publication Act 1893 . Following the 2016 EU membership referendum and the subsequent publication of the European Union (Withdrawal) Bill , there has been concern that its powers enabling ministers to issue statutory instruments under the bill may enable the government to bypass Parliament. Although this has been criticised by some as being undemocratic, draft regulations must be "laid before" Parliament, which may always demand

608-703: The King of Canada. For example, the Proclamation of the Queen of Canada on April 17, 1982 brought into force the Constitution Act 1982 , the UK parts of which are known as the Canada Act 1982 . Welsh Government The Welsh Government ( Welsh : Llywodraeth Cymru ) is the executive arm of the devolved government of Wales . The government consists of cabinet secretaries and ministers . It

646-491: The National Assembly for Wales (and within which Welsh ministers exercise executive functions) are: The Welsh Assembly Government was renamed Welsh Government ( Llywodraeth Cymru ) in practice in 2011, and in law by the Wales Act 2014 . The government is composed of cabinet secretaries and ministers. The current government is a minority by Welsh Labour . The current cabinet was formed on 11 September 2024, replacing

684-491: The National Assembly for Wales, comprising 60 assembly members, and the Welsh Assembly Government, comprising the first minister, Welsh ministers, deputy ministers and the counsel general. This separation between the two bodies took effect on the appointment of the first minister by Queen Elizabeth II following the assembly election on 3 May 2007. Separation was meant to clarify the respective roles of

722-652: The Opposition Andrew RT Davies MS ( C ) Shadow Cabinet ( current ) Prime Minister Rt Hon Keir Starmer MP ( L ) Secretary of State for Wales Rt Hon Jo Stevens MP (L) Principal councils ( leader list ) Corporate Joint Committees Local twinning see also: Regional terms and Regional economy United Kingdom Parliament elections European Parliament elections (1979–2020) Local elections Police and crime commissioner elections Referendums The National Assembly

760-704: The UK had gone beyond the minimum standards required by the Working Time Directive 2003 , even though no country in the EU has a right to fewer holidays than 28 days. Regulation 10 creates the right to a minimum period of rest of 20 minutes in any shift lasting over 6 hours. Children under 18 are entitled to a 30 minute break for every 4.5 hours worked. Regulations 4–5 set a default rule that workers may work no more than 48 hours per week and employers are required to do everything reasonable to ensure limits are not broken. There are however, numerous exceptions to

798-621: The Welsh Government's programmes; and enact acts of assembly on subjects that have been devolved to the Welsh administration. The result mirrored much more closely the relationship between the British government and British parliament and that between the Scottish Government and the Scottish Parliament . The new arrangements provided for in the Government of Wales Act 2006 created a formal legal separation between

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836-582: The Welsh Government, giving Welsh ministers independent executive authority, this taking effect following the May 2007 elections . Following separation, the Welsh ministers exercise functions in their own right. Further transfers of executive functions from the British government can be made directly to the Welsh ministers (with their consent) by an Order in Council approved by the British parliament . Separation

874-482: The appointment of Vaughan Gething. The Welsh Government also includes a civil service that supports the Welsh ministers. As of March 2018, there are 5,015 full-time equivalent civil servants working across Wales. The civil service is a matter reserved to the British Parliament at Westminster : Welsh Government civil servants work within the rules and customs of His Majesty's Civil Service , but serve

912-402: The appointment of Welsh ministers. The first minister is nominated by the Senedd and then appointed by His Majesty the King. The first minister then appoints the Welsh ministers and the deputy Welsh ministers with the approval of the monarch. The Act created a new post of Counsel General for Wales , the principal source of legal advice to the Welsh Government. The counsel general is appointed by

950-472: The assembly and the government. The role of the government is to make decisions; develop and implement policy; exercise executive functions and make statutory instruments. The 60 assembly members in the National Assembly scrutinise the Welsh Government's decisions and policies; hold ministers to account; approve budgets for the Welsh Government's programmes; and have the power to enact assembly measures on certain matters. Assembly measures can now go further than

988-475: The assembly, only had those powers that the assembly as a whole voted to delegate to ministers. On 27 November 2001, First Minister Rhodri Morgan announced that the brand "Welsh Assembly Government" would be used going forward for the committee, to more clearly delineate the division of functions within the Assembly. The Government of Wales Act 2006 formally separated the National Assembly for Wales and

1026-553: The deputy ministers or the counsel general. Following the "yes" vote in the referendum on further law-making powers for the assembly on 3 March 2011, the Welsh Government is now entitled to propose bills to the National Assembly for Wales on subjects within 20 fields of policy. Subject to limitations prescribed by the Government of Wales Act 2006, Acts of the National Assembly may make any provision that could be made by Act of Parliament. The 20 areas of responsibility devolved to

1064-778: The devolved administration rather than the British Government . The Permanent secretary heads the civil service of the Welsh Government and chairs the Strategic Delivery and Performance Board. The Permanent Secretary is a member of His Majesty's Civil Service , and therefore takes part in the Permanent Secretaries Management Group of the Civil Service and is answerable to the most senior civil servant in Britain,

1102-595: The first minister and the counsel general. Accordingly, the maximum size of the Welsh Government is 14. In Acts of the Senedd and of the UK Parliament, the expression "the Welsh Ministers" is used to refer to the Welsh government in similar contexts to those where "the Secretary of State" would be used to refer to the British government; it is defined to include only the first minister and ministers, not

1140-877: The interim cabinet formed by Morgan when she was appointed First Minister in August 2024, which was largely a continuation of Gething's . In the September reshuffle, new positions were created, while all existing ministers remained in cabinet (except the Counsel General-designate) but most with amended roles. The September 2024 cabinet is as follows: MS Cabinet Secretary for Climate Change and Rural Affairs MS Cabinet secretaries and ministers were known as ministers and deputy ministers respectively before 2016, and under Mark Drakeford from 2018 to 2024. They returned to their current names in May 2024 following

1178-468: The maximum average working week. Regulations 13 and 13A create a right to paid annual leave of 28 days, expressed as "four weeks" and an additional "1.6 weeks" (including bank holidays and public holidays). In the Working Time Directive article 7 refers to paid annual leave of "at least four weeks", and under article 5 states that the "weekly rest period" means a "seven-day period". When the Directive

Working Time Regulations 1998 - Misplaced Pages Continue

1216-411: The monarch, on the nomination of the first minister, whose recommendation must be agreed by the Senedd and who cannot be dismissed without the Senedd's consent, but automatically leaves office when a new first minister is nominated. The counsel general may be, but does not have to be, a member of the Senedd. The Act permits a maximum of 12 Welsh ministers, which includes deputy Welsh ministers, but excludes

1254-539: The subordinate legislation which the assembly had the power to make prior to 2007. The assembly's functions, including that of making subordinate legislation, in the main, transferred to the Welsh ministers upon separation. A third body was also established under the 2006 Act from May 2007, called the National Assembly for Wales Commission. It employs the staff supporting the new National Assembly for Wales, and holds property, enters into contracts and provides support services on its behalf. The 2006 Act made new provision for

1292-598: The universal rule. It does not apply to some limited specific sectors. Moreover, "autonomous workers", which according to the UK's Health and Safety Executive , following European Union interpretation and case law, are defined as those with "total control" of both the duration and scheduling of work, are also excluded. Any individual can also voluntarily opt out of the maximum working week of 48 hours. ECJ case law has confirmed that statutory holiday will continue to accrue during career breaks or sabbaticals. Cases listed below that are not between UK-based parties are decisions of

1330-455: Was created by the Government of Wales Act 1998 , which followed a referendum in 1997 . As initially established, the Welsh Government had no independent executive powers in law (unlike, for instance, the Scottish ministers and British government ministers). The National Assembly was established as a body corporate by the Government of Wales Act 1998 and the executive, as a committee of

1368-458: Was designed to clarify the respective roles of the assembly and the government. Under the structures established by the Government of Wales Act 2006 , the role of Welsh ministers is to make decisions; develop and implement policy; exercise executive functions and make statutory instruments. The remainder of the 60 assembly members in the National Assembly scrutinise the government's decisions and policies; hold ministers to account; approve budgets for

1406-595: Was established in April 1965 to execute government policy in Wales, and was headed by the Secretary of State for Wales, a post which had been created in October 1964. The post however had no Welsh electoral mandate, and over the ensuing years there were complaints of a "democratic deficit". For eleven years prior to 1997 Wales had been represented in the Cabinet of the United Kingdom by a Secretary of State who did not represent

1444-473: Was implemented in the UK, regulation 13 originally stated "four weeks" but many employers only gave their workers four five-day periods of leave (i.e. 20 days). In response the UK government amended the regulations in 2007 to add the further 1.6 week period, bringing the minimum in line with the European Union requirement for four full weeks (i.e. 28 days). However, this confusion led to the argument that

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