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Statutory Rules 2003

No. 24 (C.1) The Disability Discrimination Act 1995 (commencement No.9) Order (Northern Ireland) 2003

This Order provides for the coming into operation of sections 40,41,42,43,44,45 and aspects of 48 of the 1995 Act. These sections address subject matter including: public service vehicle accessibility (DOE powers), accessibility certificate for public service vehicles, ‘type vehicle’, DOE powers in this context and so on.

No. 24 (C.1) The Disability Discrimination Act 1995 (commencement No.9) Order (Northern Ireland) 2003 (opens new window)

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No.109 Disability Discrimination (providers of services) (Adjustment of premises) Regulations (Northern Ireland) 2003

These Regulations apply to service providers and landlords of premises occupied by service providers and address subjects such as: reasonableness and alterations to premises, definitions re: ‘sub’ lease, consent to application to make alterations, relevant design standard, and Technical Booklet ‘R’.

No.109 Disability Discrimination (providers of services) (Adjustment of premises) Regulations (Northern Ireland) 2003(opens new window)

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No.119 Working Time (Amendment) Regulations (Northern Ireland) 2003

These Regulations specifically protect young people at work in a working time context. Young workers (15-18 who are over compulsory school age) are restricted in terms of the amount of working time and circumstances in which they work during night-time. (eg) 8 hours a day, 40 hours a week, restricted night periods (10 pm-6 am/11 pm-7am). There are provisions for exceptions, compensatory rest, enforcement by Health and Safety Executive and subsequent amendments.

No.119 Working Time (Amendment) Regulations (Northern Ireland) 2003(opens new window)

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No.173 Flexible Working (Procedural Requirements) Regulations (Northern Ireland) 2003

These Regulations detail how a request for a contractual variation for flexible working should be handled by an employer where an eligible employee has made a request under Article 112F. The Regulations address: holding a meeting 28 day timescale, decision 14 days after meeting, appeals in writing within 14 days of notice of decision, appeal decision within 14 days, agreed extensions, provisions during sick leave, right of accompaniment*, applications treated as withdrawn.

No.173 Flexible Working (Procedural Requirements) Regulations (Northern Ireland) 2003(opens new window)

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No.174 Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003

These Regulations provide for the right to request a contractual variation to enable an employee who qualifies to care for a child. This right to request has certain qualification requirements and is derived from the Employment (Northern Ireland) Order 2002, and provides for the grounds for complaint to Industrial Tribunal and associated compensation.

No.174 Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003 (opens new window)

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No.220 Employment Rights (Northern Ireland) Order 1996 (Application of Article 112B to Adoptions from Overseas) Regulations (Northern Ireland) 2003

These Regulations allow for the Department for Employment and Learning to make regulations regarding employee entitlement to paternity leave and in this context it relates to adoption from overseas situations..

No.220 Employment Rights (Northern Ireland) Order 1996 (Application of Article 112B to Adoptions from Overseas) Regulations (Northern Ireland) 2003(opens new window)

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No.222 Paternity and Adoption Leave (Adoption from overseas) Regulations (Northern Ireland) 2003

These Regulations give rights to paternity and adoption leave in overseas adoptions cases and address issues such as: what is overseas?, qualifying criteria, one week or two consecutive weeks leave and so on.

No.222 Paternity and Adoption Leave (Adoption from overseas) Regulations (Northern Ireland) 2003(opens new window)

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No.223 Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoption from Overseas) Regulations (Northern Ireland) 2003

These Regulations, made under provisions inserted into the Social Security Contributions and Benefits (Northern Ireland) Act 1992 by the Employment (Northern Ireland) Order 2002, make provisions relating to statutory paternity pay and statutory adoption pay in respect of adoptions from overseas.

No.223 Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoption from Overseas) Regulations (Northern Ireland) 2003(opens new window)

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No.241 Employment Rights (Increase of limits) Order (Northern Ireland) 2003

From 11/5/03 the limits applying to certain awards of industrial tribunals and other awards were increased. Examples include:" capped" weeks pay £260, guarantee payment £17.30, unfair dismissal limit £53,900.

No.241 Employment Rights (Increase of limits) Order (Northern Ireland) 2003(opens new window)

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No.276 Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Administration) Regulations (Northern Ireland) 2003

These Regulations apply to the statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations (Northern Ireland) 2002 and make modifications regarding: definitions, employer duty re: decisions not to pay and so on.

No.276 Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Administration) Regulations (Northern Ireland) 2003(opens new window)

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No.277 Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons abroad and mariners) Regulations (Northern Ireland) 2003

These Regulations modify the Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002 in relation to adoptions from overseas and the qualification required for entitlement.

No.277 Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons abroad and mariners) Regulations (Northern Ireland) 2003(opens new window)

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No.318 Race Relations Order (Seamen Recruited Abroad) Order (Northern Ireland) 2003

This Order reduces the scope of the exception under Article 11 of the Race Relations (NI) Order 1997 but there are still aspects of discrimination not covered.

No.318 Race Relations Order (Seamen Recruited Abroad) Order (Northern Ireland) 2003(opens new window)

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No.330 Working Time (Amendment No. 2) Regulations (Northern Ireland) 2003

These Regulations make provisions for the application of the working Time Regulations to be applicable to previously excluded sectors and measures relating to the employment of children and young persons and also makes reference to various definitions of workers.

No.330 Working Time (Amendment No. 2) Regulations (Northern Ireland) 2003(opens new window)

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No.331 Trade Union Elections and Ballots (Independent Scrutineer Qualifications) (Amendment) Order (Northern Ireland) 2003

These rules make provision for the supervision of certain elections and ballots held by trade unions to be supervised by a qualified independent person / Scrutineer. These rules list the types of ballots covered (eg) election of members of the executive, certain officers, maintenance of political fund, mergers and industrial action. The provisions also stimulate the requirements for qualification which must be met by a QIP (Scrutineer).

No.331 Trade Union Elections and Ballots (Independent Scrutineer Qualifications) (Amendment) Order (Northern Ireland) 2003(opens new window)

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No.332 (C.23) Employment Relations (1999 Order) (commencement No. 7) Order (Northern Ireland) 2003

This Order brings into operation Article 38 of and schedule 8 to the Employment Relations (Northern Ireland) Order 1999. These provision relate to – national security, industrial tribunal procedures (national security, confidential information, publicity).

No.332 (C.23) Employment Relations (1999 Order) (commencement No. 7) Order (Northern Ireland) 2003(opens new window)

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No. 341 Race Relations Order (Amendment) Regulations (Northern Ireland) 2003

These Regulations implement changes brought in by the Employment Equality Directive which has also amended the other existing anti-discrimination legislation in order to make the key components of the law generic. These regulations define the offences of indirect discrimination and harassment and also make provisions regarding - genuine and determining occupational requirements, the burden of proof and, amongst other things, discrimination by trade organisations, qualifying bodies, providers of vocational training and employment agencies and so on.

No. 341 Race Relations Order (Amendment) Regulations (Northern Ireland) 2003(opens new window)

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No.365 Time off for Public Duties Order (Northern Ireland) 2003

This is the original order that makes provision for the employer to allow time off during working hours, subject to certain provisions, for an employee who is a member of a body specified in the provisions.

No.365 Time off for Public Duties Order (Northern Ireland) 2003(opens new window)

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No.381 Time off for Public Duties (No. 2) Order (Northern Ireland) 2003

This Order revokes and replaces the Order of the same name (No.365) in order to correct drafting errors and addresses these issues by reference to the Employment Rights (NI) Order (1996) and by including District Policing Partnerships.

No.381 Time off for Public Duties (No. 2) Order (Northern Ireland) 2003(opens new window)

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No.426 Employer’s Liability (Compulsory Insurance) Exemption (Amendment) Regulations (Northern Ireland) 2003

These Regulations amend the 1999 Regulations of the same name and add to the exemptions specified in the 1999 Regulations.

No.426 Employer’s Liability (Compulsory Insurance) Exemption (Amendment) Regulations (Northern Ireland) 2003(opens new window)

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No.497 Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

These Regulations implement European Directive 2000/78/EC establishing a general framework for equal treatment in employment so far as it relates to discrimination on the grounds of sexual orientation. The Regulations make it unlawful to discriminate on said grounds in employment and vocational training and also prohibit direct discrimination, indirect discrimination, victimisation and harassment. Sexual orientation means sexual orientation towards persons of the same sex, persons of the opposite sex or to both persons of the same sex and of the opposite sex. The Regulations define the types of discrimination and: exceptions and the role of Equality Commission.

No.497 Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003(opens new window)

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No.498 Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) Regulations (Northern Ireland) 2003

These Regulations make special provisions in relation to interest on awards and compensation orders made by industrial tribunals under the Employment Equality (Sexual Orientation) Regulations (NI) 2003.

No.498 Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) Regulations (Northern Ireland) 2003(opens new window)

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No.520 Fair Employment Treatment Order (Amendment) Regulations (Northern Ireland) 2003

These Regulations implement an EU Directive (2000/78/EC) establishing a general framework for equal treatment in employment and occupational so far as it relates to discrimination on grounds of religion or belief. The amendments amend the 1998 Order and come into effect on 10th December 2003. The main amendments are: new definition of indirect discrimination, race definition of harassment, definition of employment in NI, duty on Equality Commission to eliminate harassment, unlawful acts: by principals on contract workers, on office holders (certain types), those with power to select employees for others (list), in the provision of facilities and services under the Employment and Training Act, trustees and managers of occupational pension schemes, removal of lower limit in regard to partnership size. Further and Higher education bodies, barristers re: pupils, post-termination harassment, alteration of burden of proof, questionnaires, modifications to exceptions and consequential amendments.

No.520 Fair Employment Treatment Order (Amendment) Regulations (Northern Ireland) 2003(opens new window)

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No.521 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003

This Order amends the 2000 Order of the same name which specifies a number of persons or bodies as public authorities for certain purposes under the Fair Employment and Treatment (NI) Order 1998. The Schedule lists the public authorities added for a variety of purposes under the Order..

No.521 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003(opens new window)

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