It depends. The first four weeks of annual leave have to be excluded from the relevant reference period (as do maternity leave and illness). However, the extra days (or in the case of part-timers - see question 15 - fractions of days) now being added to the statutory minimum entitlement can be treated as 'non-working time' within the relevant reference period, so that there would potentially be scope for asking people who have already taken four weeks of annual leave (or the part-time equivalent) to work some extra time.
