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Statutory Rules 1996


1 (1) The Disability Discrimination Act (1995) (Commencement No. 1)(Northern Ireland) 1996

This Order stipulates 2nd January 1996 as the date whereupon sections 50, 51 and 52 of, and schedule 5 to, as modified by Schedule 8 of the DDA 1995 which deals with the establishment of the NI Disability Council.

1 (1) The Disability Discrimination Act (1995) (Commencement No. 1)(Northern Ireland) 1996(opens new window)

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77 The Statutory Maternity Pay (Compensation of Employers) (Amendment) Regulations (Northern Ireland) 1996

These Regulations amend the similarly named principal Regulations of 1994 by increasing the percentage amount that small employers can recover (in terms of additional amounts), i.e. 5.5% from 6 April 1996

77 The Statutory Maternity Pay (Compensation of Employers) (Amendment) Regulations (Northern Ireland) 1996(opens new window)

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137 Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996

These Regulations replace the existing provisions which were derived from the 1973 Regulations. Amongst other things the Regulations provide for: investigations and determination by Health Boards, of questions whether doctors, dentists, chemists and opticians (as covered) have failed to comply with their terms of service, discipline committees (non-patient), investigation criteria, overpayment recovery, excessive prescribing of drugs and so on.

137 Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996(opens new window)

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173 Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996

These Regulations revoke and replace the existing regulations on rules of procedure for Industrial Tribunals and include: rules applicable to all proceedings before an Industrial Tribunal, rules regarding ‘equal value’ claims, levy appeal rules, rules on appeals against improvement/prohibition notices, rules on appeals against non-discrimination notices, rules regarding £150 deposit in pre-hearing reviews, reporting restriction rules, orders for costs (specified instances) and so on.

173 Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996(opens new window)

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206 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 1996

These Regulations amend the 1987 Regulations of the same name and address issues such as: calculation of normal weekly sum to incorporate backdated pay increases received after that date, employer liability to pay amounts in excess of rate of maternity allowance received and so on.

206 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 1996(opens new window)

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219 (9) The Disability Discrimination Act 1995 (Commencement No. 2) Order (Northern Ireland) 1996

This Order stipulates 30th May 1996 as the day in which various components of the 1995 Act come into operation including issues such as: definition of disability, past disabilities, guidance, definitions of lease/sub-lease/sub-tenancy, advice and assistance, statutory authority, national security, restrictions on publicity in Industrial Tribunals, interpretation, supplementary provisions and so on.

219 (9) The Disability Discrimination Act 1995 (Commencement No. 2) Order (Northern Ireland) 1996(opens new window)

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280 (13) The Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996

This Order stipulates 11th July 1996 as the day in which further components of the 1995 Act come into operation of a Code of Practice relating to help for persons suffering discrimination, and on 2nd December 1996 provides for: discrimination against applicants and employees, meaning of discrimination, duty of employer to make adjustments, small business exemption, enforcement, remedies, discriminatory adverts, discrimination against contract workers, discrimination by trade organisations (as defined), alterations to premises under lease, discrimination in relation to goods, facilities and services, small dwelling exemptions, victimisation, aiding unlawful acts, liability of employers and so on.

280 (13) The Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996(opens new window)

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418 Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996

The Regulations relate to the remedies that can be granted for cases of sex discrimination and specifically to remedies for indirect discrimination even where the respondent did not intend to treat the claimant unfavourably on sex or marital status grounds.

418 Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996(opens new window)

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419 The Disability Discrimination (Employment) Regulations (Northern Ireland) 1996

These Regulations provide for circumstances whereupon treatment of a disabled employee or failure to make a reasonable adjustment is justified: where pay is linked to performance, where there are uniform rates of contribution to an occupational pension scheme regardless of benefits received, where building works complied with (and continue to comply with) the building regulations in relations to disabled access and facilities.

419 The Disability Discrimination (Employment) Regulations (Northern Ireland) 1996(opens new window)

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421 The Disability Discrimination (Meaning of Disability) Regulations (Northern Ireland) 1996

These Regulations provide for the established definition of a disability for the purposes of the 1995 Act, that is, a physical or mental impairment which has a substantial and long term adverse effect on the person’s ability to carry out normal day to day activities. The Regulations list exclusions from the above definition as being: addictions (other than those medically caused), certain personality disorders, hay fever or similar conditions, tattoos and piercings. In addition the Regulations provide that a child under 6 is treated as if he/she were over 6 for the purposes of determining the effect of his/her disability.

421 The Disability Discrimination (Meaning of Disability) Regulations (Northern Ireland) 1996(opens new window)

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459 The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996

These Regulations replace the Industrial Relations (Recoupment of Unemployment Benefit and Supplementary Benefit) Regulations (NI) 1977 and come into effect as of 7th October 1996 and provide for recovery by the DHSS from an employer of sums on account of Jobseeker’s Allowance and Income Support out of a prescribed part of an amount awarded by an Industrial Tribunal in certain proceedings listed in the Schedule.

459 The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996(opens new window)

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465 Equal Pay (Amendment) Regulations (Northern Ireland) 1996

These Regulations provide for an Industrial Tribunal to have greater procedural discretion in equal value pay claims in relation to the use (or not ) of independent experts.

465 Equal Pay (Amendment) Regulations (Northern Ireland) 1996(opens new window)

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466 Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 1996

These Regulations came into operation as of 3rd November 1997 (with some exceptions) and amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (NI) 1996 in relation to: proceedings under Disability Discrimination Act, notice of appearance timescales, requirement for tribunals to give extended reason for decisions under the 1995 Act, procedures for appointment of expert for equal value cases and so on.

466 Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 1996(opens new window)

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475 Employment Rights (1996 Order) (Residuary Commencement No. 1) Order (Northern Ireland) 1996

This Order provides for various Articles with the Employment Rights (Northern Ireland) Order 1996 relating to employment rights of trustees of occupational pension schemes and associated amendments.

475 Employment Rights (1996 Order) (Residuary Commencement No. 1) Order (Northern Ireland) 1996(opens new window)

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477 The Employment of Children Regulations (Northern Ireland) 1996

These Regulations address the issue of employment of children, i.e. a person over 13 but not over school leaving age. Provisions are made for: prohibition of employment of children in certain areas, conditions of employment for all children, conditions of employment for children under 15, provision for children over 15, the issuing of employment cards and so on.

477 The Employment of Children Regulations (Northern Ireland) 1996(opens new window)

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504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996

The Order amends the 1989 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes under the Fair Employment (Northern Ireland) Act 1989 and provides for persons who are to be treated for such purposes as employees of some of these authorities. (see Schedules)

504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996(opens new window)

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532 The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 1996

This Order prescribes the format and content of a questionnaire which can be used by persons who believe they may have been discriminated against by an employer for a reason connected with disability. The Order also provides for: a prescribed format for respondents, specific timescales to adhere to in relation to Industrial Tribunal admissibility.

532 The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 1996(opens new window)

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547 Employment Rights (Health Service Employers) Order (Northern Ireland) 1996


This Order relates to the issue of continuity of employment in the context of undergoing professional training and being employed successively by a number of different health service employers.

547 Employment Rights (Health Service Employers) Order (Northern Ireland) 1996(opens new window)

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549 Disability Discrimination (Guidance on Code of Practice) (Appointed day) Order (Northern Ireland) 1996

This Order stipulates 2nd December 1996 as the date on which this guidance comes into force and addresses the elimination of discrimination in the field of employment against disabled persons or persons who have had a disability.

549 Disability Discrimination (Guidance on Code of Practice) (Appointed day) Order (Northern Ireland) 1996(opens new window)

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557 Disability Discrimination (Services and Premises) Regulations (Northern Ireland) 1996

These Regulations address many issues including the following matter: ‘justified’ treatment, insurance, premises, deposit refunds, entering agreements where the disabled person is acting through an agent.

557 Disability Discrimination (Services and Premises) Regulations (Northern Ireland) 1996(opens new window)

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560 (27) The Disability Discrimination Act 1995 (Commencement No. 4) Order (Northern Ireland) 1996

This Order stipulates 2nd December 1996 as the date when the remaining provisions of 5.16(3) come into effect as far it relates to the definition of ‘sub-lease’ and ‘sub-tenancy’ as defined and operational as of 30 May 1996.

560 (27) The Disability Discrimination Act 1995 (Commencement No. 4) Order (Northern Ireland) 1996(opens new window)

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561 The Disability Discrimination Code of Practice (Goods, Facilities, services and Premises) Order (Northern Ireland) 1996

This Order stipulates 2nd December 1996 as the date when the Code of Practice on the Rights of Access to Goods, Facilities, Services and Premises comes into force.

561 The Disability Discrimination Code of Practice (Goods, Facilities, services and Premises) Order (Northern Ireland) 1996(opens new window)

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569 The Statutory Sick Pay (General) (amendment) Regulations (Northern Ireland) 1996

These Regulations amend the 1982 Regulations of the same name and address matters such as: records to be maintained by the employer and provisions for monies that exceed SSP in relation to record keeping.

569 The Statutory Sick Pay (General) (amendment) Regulations (Northern Ireland) 1996(opens new window)

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581 Industrial Tribunals (Interest on Awards in Sex and Disability Discrimination Cases) Regulations (Northern Ireland) 1996

These Regulations provide for 26th January 1997 as the date on which they come into operation and primarily relate to interest on awards and compensation orders made by an Industrial Tribunal in equal pay, disability discrimination and sex discrimination cases and as such harmonises the provisions in relation to interest.

581 Industrial Tribunals (Interest on Awards in Sex and Disability Discrimination Cases) Regulations (Northern Ireland) 1996(opens new window)

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598 Unfair Arbitration Agreements (Specified Amendment) Order (Northern Ireland) 1996

This Order specified the amount of £3,000 for the purposes of S.91 of the Arbitration Act 1996 and this provides for the application of unfair contract terms legislation to be applicable in relation to sums exceeding this amount.

598 Unfair Arbitration Agreements (Specified Amendment) Order (Northern Ireland) 1996(opens new window)

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604 Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996

These Regulations, as of 2nd February 1997, revoke and replace the Industrial Relations (Continuity of Employment) Regulations of 1994 and relate to maintenance of continuity of employment where a dismissed employee is reinstated or re-engaged in certain circumstances. Other provisions relate to repayment of redundancy sum to preserve continuity, re-engagement/reinstatement agreements under the disability discrimination legislation and so on.

604 Employment Protection (Continuity of Employment) Regulations (Northern Ireland) 1996(opens new window)

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