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Statutory Rules 2004

No. 50 The Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) (Appointed Day) Order (Northern Ireland) 2004

Under Article 54A of the Disability Discrimination Act 1995, the Equality Commission for Northern Ireland may prepare and issue codes of practice giving practical guidance: to - employers, service providers; to - promote equality of opportunity, encourage good practice in the field of employment and in access to goods, facilities services and premises. (01/03/04)

No. 50 The Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) (Appointed Day) Order (Northern Ireland) 2004 (opens new window)

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No. 55 The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

These Regulations implant aspects of the general framework for equal treatment in employment and occupation Directive in relation to disability. The Regulations cover: meaning of “discrimination”, meaning of “harassment”, employment/contract workers/office holders, partnerships, repeal of the small employer exemption, barristers, enforcement, repeals of sections (9,10,11,12), trade and professional bodies/qualifications bodies/practical work experience, alterations to premises occupied under leases, unlawful acts, enforcement, interpretation, codes of practice, victimisation, and so on.

No. 55 The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004(opens new window)

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No. 64 Employment Rights (Increase of Limits) Order (Northern Ireland) 2004

From 21/03/04 the limits applying to certain awards of Industrial Tribunals and other awards were increased. Examples include: capped week’s pay £270, guarantee payment £17.80 unfair dismissal limit of £55,000

No. 64 Employment Rights (Increase of Limits) Order (Northern Ireland) 2004(opens new window)

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No. 111 Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations (Northern Ireland) 2004

These Regulations up-rate the weekly rate of paternity pay to the smaller of either £102.80 or 90% of the employee’s normal weekly earnings for any period of paternity leave beginning 04/04/04.

No. 111 Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations (Northern Ireland) 2004(opens new window)

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No. 132 Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations (Northern Ireland) 2004

These Regulations amend provisions in three statutory instruments relating to statutory paternity pay and statutory adoption pay. Amongst other things the Regulations address: entitlement, amendments, modifications, ‘partner’, the relevant week, adoption from overseas and relevant week.

No. 132 Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations (Northern Ireland) 2004(opens new window)

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No.150 (C.7) Employment (Northern Ireland) Order 2003 (Commencement and Transitional Provisions) Order (Northern Ireland) 2004

This Order brings into operation on 31/03/04 the provisions of the Employment (Northern Ireland) Order 2003 specified in Part I of Schedule 1, which relates to pre-hearing reviews, preliminary matters, and statutory dispute resolution procedures. It also addresses – Equal pay questionnaires (30/04/04) and Union learning representatives (01/05/04)

No.150 (C.7) Employment (Northern Ireland) Order 2003 (Commencement and Transitional Provisions) Order (Northern Ireland) 2004(opens new window)

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No. 157 Industrial Tribunals (Increase of Maximum Deposit) Order (Northern Ireland) 2004

Article 11(3) of the Industrial Tribunals (Northern Ireland) Order (1996) increases the sum from £150 to £500.

No. 157 Industrial Tribunals (Increase of Maximum Deposit) Order (Northern Ireland) 2004(opens new window)

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No. 158 Fair Employment Tribunal (Increase of Maximum Deposit) Order (Northern Ireland) 2004

Article 84B(4) of the Fair Employment and Treatment (Northern Ireland) Order (1998) gives the Department for Employment and Learning power by order to substitute for the sum specified in Article 84B(2)(a). The sum is the maximum amount which the Fair Employment Tribunal may be authorised to require a party to pay by way of a deposit, if that party wishes to continue to participate in these proceedings following a pre-hearing review (increase from £150 to £500).

No. 158 Fair Employment Tribunal (Increase of Maximum Deposit) Order (Northern Ireland) 2004(opens new window)

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No. 164 Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2004

These Regulations revoke and replace the Fair Employment Tribunal Regulations (Northern Ireland) 1989 and the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 1989. The Regulations address: establishment of Fair Employment Tribunal for Northern Ireland, composition of the Tribunal, proceedings of the Tribunal, overriding objective, register, proof of decision of the Tribunal, transitional provisions, revocations. Schedule 1 – Rules of Procedure, Schedule 2 – Rules of Procedure: Appeals, Schedule 3 – Rules of Procedure: Enforcement.

No. 164 Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2004(opens new window)

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No. 165 Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004

These Regulations revoke and replace the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996. The Regulations address: Establishment of industrial tribunals, panels and members, panels in national security cases, modification of Article 6 of the Industrial Tribunals Order, composition of tribunals, overriding objective, proceedings of tribunals, transitional provision and revocations. These Regulations come into effect 04/04/04.

No. 165 Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004(opens new window)

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No. 171 Equal Pay Act 1970 (Amendment) Regulations (Northern Ireland) 2004

These Regulations amend the time limits within which a person must institute proceedings before an industrial tribunal in respect of a breach of the Equal Pay Act (Northern Ireland) 1970. The Regulations also address: IT awards in regard to arrears of remuneration or damages, ‘qualifying date’, ‘arrears date’ - 6 months after last day of employment, 6 years before the day on which the proceedings are instituted. The Regulations come into force on 28/04/04.

No. 171 Equal Pay Act 1970 (Amendment) Regulations (Northern Ireland) 2004(opens new window)

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No. 172 Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2004

These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 by providing for the prohibition of discrimination after the end of the employment relationship if the act of discrimination arises out of and is closely connected to the relationship. These Regulations come into effect on 28/04/04.

No. 172 Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2004(opens new window)

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No. 230 Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2004

This Order specifies 20th May 2004 as the day upon which the Code of Practice on Time Off for Trade Union Duties and Activities issued by the Labour Relations Agency comes into effect. The Code can be taken into account by Industrial Tribunals and can be admitted as evidence in proceedings.

No. 230 Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2004(opens new window)

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No. 261 Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2004

This Order amends the Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1999 by replacing the Schedule to that Order. The amendments essentially include persons on the list who were not previously included, the deletion of some persons and other amendments.

No. 261 Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2004(opens new window)

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No. 317 Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2004

These Regulations revoke regulation 4 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004. The amendments make it clear that a special advocate appointed by the Attorney General for Northern Ireland to represent the interests of the applicant in national security cases may be a qualified lawyer entitled to practice in Northern Ireland, England, Wales or Scotland.

No. 317 Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2004 (opens new window)

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No. 322 Equal Pay (Questions and Replies) Order (Northern Ireland) 2004

This Order provides for the use of equal pay questionnaires for the purpose of claiming under the Equal Pay Act (Northern Ireland) 1970. The forms are set out in Schedules 1 and 2 and the other Articles address: period within which the questions must be served on the respondent for admissibility purposes in an industrial tribunal and the manner or service of questions and replies. These questions come into effect on 25/08/04.

No. 322 Equal Pay (Questions and Replies) Order (Northern Ireland) 2004(opens new window)

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No. 449 Employer’s Liability (Compulsory Insurance) (Amendment) Regulations (Northern Ireland) 2004

These Regulations amend the Employer’s Liability (Compulsory Insurance) Regulations (Northern Ireland) 1999 (“1999 Regulations”). The 1999 Regulations specify employers who are exempted from the requirements of Part III of the Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (“the 1972 Order”) to insure and maintain insurance against liability for personal injury suffered by their employees and arising out of and in the course of their employment.

No. 449 Employer’s Liability (Compulsory Insurance) (Amendment) Regulations (Northern Ireland) 2004(opens new window)

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No. 494 Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004

This Order specifies the number of persons or bodies as public authorities for certain purposes under part VII of the Fair Employment and Treatment (Northern Ireland) Order 1998 and provides for the persons who are to be treated for such purposes as the employees of some of these authorities.

No. 494 Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004(opens new window)

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No. 518 Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2004

This Order relates to Schedule 1A of the Trade Union and Labour Relations (Northern Ireland) Order 1995 and addresses the issue of the appointment of a ‘qualified independent person’ in relation to ballots for recognition/derecognition of a trade union for collective bargaining purposes. The new list of QIP’s came into effect on 16/01/05.

No. 518 Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2004(opens new window)

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No. 519 (C.30) The Employment Relations (2004 Order) (Commencement No.1 and Transitional Provisions) Order (Northern Ireland) 2004

This Order brings into operation Articles 12 to 15 and 18 of the Employment Relations (Northern Ireland) Order 2004. The commencement date for the above articles was 26/12/04 and the Articles address: extension of employee protection against detrimental action by their employer for being/not being a member of a trade union or for taking part in the activities of their union, making use of trade union services or refusing to accept inducements regarding being or not being a member of a trade union and other aspects of surrendering union rights. The other issues addressed cover: unfair dismissal rights for employees dismissed for making use of union services or refusal to accept inducements discussed above, and amendments to the provisions regarding the right of accompaniment at a discipline or grievance hearing in terms of modification of the accompanying individual’s role.

No. 519 (C.30) The Employment Relations (2004 Order) (Commencement No.1 and Transitional Provisions) Order (Northern Ireland) 2004(opens new window)

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No. 521 Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004

These Regulations provide for the application of the statutory dismissal and disciplinary and grievance procedures set out in Schedule 1 to the Employment (Northern Ireland) Order 2003. In particular providing for: when the standard and modified dismissal procedures apply, when the procedures do not apply, when procedures are deemed complied with, when the standard and modified grievance procedures apply, when procedures are deemed complied with, general circumstances in which the statutory procedures do not apply or are deemed complied with, the consequences of failing to comply with the statutory procedures, the extension of the time limit for complaining to an industrial tribunal or the Fair Employment Tribunal in certain circumstances to allow time for the use of the statutory procedure.

No. 521 Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004(opens new window)

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