Section 50 — Right to time off for public duties.

(1) [F1 An employer shall permit an employee of his who is—]

(a) [F1 a justice of the peace, or]

(b) [F1 an independent prison monitor appointed in accordance with section 7B(2) of the Prisons (Scotland) Act 1989,]

[F1 to take time off during the employee’s working hours for the purpose of performing any of the duties of the office.]

(2) An employer shall permit an employee of his who is a member of—

(a) a local authority,

(b) a statutory tribunal,

(d) [F2 an independent monitoring board for a prison] or a prison visiting committee,

(e) a relevant health body,

(f) a relevant education body, . . .

(g) the Environment Agency or the Scottish Environment Protection Agency, ...

(h) [F3 Scottish Water . . . , ]

(i) [F4 a panel of lay observers appointed in accordance with section 81(1)(b) of the Criminal Justice Act 1991,]

(j) [F4 a Visiting Committee appointed in accordance with section 152(1) of the Immigration and Asylum Act 1999, or]

(k) [F4 a Visiting Committee appointed by the Secretary of State for a short-term holding facility (within the meaning given by section 147 of the Immigration and Asylum Act 1999).]

to take time off during the employee’s working hours for the purposes specified in subsection (3).

(3) The purposes referred to in subsection (2) are—

(a) attendance at a meeting of the body or any of its committees or sub-committees, and

(b) the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees.[F5 and]

(c) [F5 in the case of a local authority which are operating executive arrangements—]

(i) [F5 attendance at a meeting of the executive of that local authority or committee of that executive; and]

(ii) [F5 the doing of any other thing, by an individual member of that executive, for the purposes of the discharge of any function which is to any extent the responsibility of that executive.]

(4) The amount of time off which an employee is to be permitted to take under this section, and the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard, in particular, to—

(a) how much time off is required for the performance of the duties of the office or as a member of the body in question, and how much time off is required for the performance of the particular duty,

(b) how much time off the employee has already been permitted under this section or sections 168 and 170 of the Trade Union and Labour Relations (Consolidation) Act 1992 (time off for trade union duties and activities), and

(c) the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business.

(5) In subsection (2)(a) “a local authority” means—

(a) a local authority within the meaning of the Local Government Act 1972,

(b) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

(c) the Common Council of the City of London,

(d) a National Park authority, or

(e) the Broads Authority.

(7) In subsection (2)(d)—

(a) [F6 “independent monitoring board” means a board] appointed under section 6(2) of the Prison Act 1952, and

(b) “a prison visiting committee” means a visiting committee appointed under section 19(3) of the Prisons (Scotland) Act 1989 or constituted by virtue of rules made under section 39 (as read with section 8(1)) of that Act.

(8) In subsection (2)(e) “a relevant health body” means—

(za) [F7 NHS England],

(zb) [F8 an integrated care board established under section 14Z25 of the National Health Service Act 2006,]

(a) a National Health Service trust established under [F9 section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006] or the National Health Service (Scotland) Act 1978,

(ab) [F10 an NHS foundation trust, ]

(ac) [F11 the National Institute for Health and Care Excellence,]

(ae) [F12 the Health Services Safety Investigations Body,]

(b) ... [F13 a][F14 Local Health Board established under section 11 of the National Health Service (Wales) Act 2006]... [F15 , a Special Health Authority established under [F16 section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006] ...] or

(c) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.

(9) In subsection (2)(f) “a relevant education body” means—

(a) a managing or governing body of an educational establishment maintained by a [F17 local authority (as defined in section 579(1) of the Education Act 1996)],

(b) [F18 a further education corporation, sixth form college corporation or higher education corporation,]

(c) a school council appointed under section 125(1) of the Local Government (Scotland) Act 1973,

(d) [F19 a parent council within the meaning of section 5(2) of the Scottish Schools (Parental Involvement) Act 2006 , ]

(e) [F20 a board of management of a self-governing school within the meaning of section 135(1) of the Education (Scotland) Act 1980, ]

(f) a board of management of a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992,

(g) a governing body of a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980, . . .

(h) a governing body of a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.

(i) [F21 ... or ]

(j) [F21 the General Teaching Council for Wales.]

(9A) [F22 In subsection (3)(c) of this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.]

(9B) [F23 In subsection (9)(b) “ further education corporation ”, “ sixth form college corporation ” and “ higher education corporation ” have the same meanings as in the Further and Higher Education Act 1992. ]

(10) The Secretary of State may by order—

(a) modify the provisions of subsections (1) and (2) and (5) to (9) by adding any office or body, removing any office or body or altering the description of any office or body, or

(b) modify the provisions of subsection (3).

(11) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.

Amendment notes

1. F1 S. 50(1) substituted (1.10.2018) by The Time Off for Public Duties Order 2018 (S.I. 2018/665), arts. 1, 2(a)
2. F2 Words in s. 50(2)(d) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 8(a); S.I. 2007/3001, art. 2(1)(p)(r)
3. F3 S. 50(2)(h) substituted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 2, Sch. para. 18
4. F4 S. 50(2)(i)-(k) inserted (1.10.2018) by The Time Off for Public Duties Order 2018 (S.I. 2018/665), arts. 1, 2(b)(ii)
5. F5 S. 50(3)(c) and preceding word inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 30(a) and S.I. 2002/808, art. 29(a)
6. F6 Words in s. 50(7)(a) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 8(b); S.I. 2007/3001, art. 2(1)(p)(r)
7. F7 Words in s. 50 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
8. F8 S. 50(8)(zb) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 48; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
9. F9 Words in s. 50(8)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(a) (with Sch. 3 Pt. 1)
10. F10 S. 50(8)(ab) inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1)(4), Sch. 4 para. 100; S.I. 2004/759, art. 2 (as amended by S.I. 2006/836 and S.I. 2007/1102)
11. F11 S. 50(8)(ac) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 17 para. 6(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
12. F12 S. 50(8)(ae) inserted (1.10.2023) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 15 para. 6(3); S.I. 2023/1035, reg. 2(c)
13. F13 Words in s. 50(8)(b) originally substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(i) (with Sch. 3 Pt. 1)
14. F14 Words in s. 50(8)(b) substituted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 27(3)
15. F15 Words in s. 50(8)(b) substituted (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 30(2) (with s. 2(5)
16. F16 Words in s. 50(8)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(iii) (with Sch. 3 Pt. 1)
17. F17 Words in s. 50(9)(a) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(2)
18. F18 S. 50(9)(b) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 96(a)
19. F19 S. 50(9)(d) substituted (1.8.2007) by The Time Off for Public Duties (Parent Councils) Order 2007 (S.I. 2007/1837), art. 2
20. F20 S. 50(9)(e) repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61, Sch. 3; S.S.I. 2004/528, art. 2(b)
21. F21 S. 50(9)(i)(j) inserted (5.10.2000) by S.I. 2000/2463, 2(3)
22. F22 S. 50(9A) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 30(b) and S.I. 2002/808, art. 29(b)
23. F23 S. 50(9B) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 96(b)