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Statutory Rules 2006

No.1 The Control of Noise at Work Regulations (Northern Ireland) 2006

These Regulations essentially replace the 1990 Regulations of the same

name and which address minimum health and safety standards relating to worker exposure to noise. The new Regulations impose duties on employers and self-employed persons to protect employees and others and address matters such as: exposure limits, risk assessment, noise reduction/elimination, protection measures, equipment, zones, surveillance, information/instruction/training role of Secretary Of State and role of Health and Safety Executive for NI and so on.

No.1 The Control of Noise at Work Regulations (Northern Ireland) 2006(opens new window)

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No. 46 The Disability Discrimination (Services and Premises) (Amendment) Regulations (Northern Ireland) 2006

These Regulations remove on existing exemption under the 1995 Act which related to certain educational services including services provided by voluntary organisations, research facilities and services provided for by education and library boards.

No. 46 The Disability Discrimination (Services and Premises) (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 75 Employment Rights (Increase of Limits) Order (Northern Ireland) 2006

This Order increases, as of 26/03/06, the limits applying to certain Industrial Tribunal awards, for example maximum weeks pay ‘capped’ at £290.00, guarantee pay £18.90 per day, unfair dismissal compensatory award £58,400.00, unlawful inducement re: union membership/activities £2600.00.

No. 75 Employment Rights (Increase of Limits) Order (Northern Ireland) 2006(opens new window)

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No. 86 The Information and Consultation of Employees (Amendment) Regulations (Northern Ireland) 2006

These Regulations amend the 2005 Regulations in relation to information and consultation, via a negotiated or standard agreement, on pension issues. The primary focus on informing and consulting in the above area relates to: ‘listed changes’ affecting occupational or personal pension schemes, when the Regulations can be dis-applied, provisions for the employer to inform the appropriate individuals that he will be complying in writing with the duty.

No. 86 The Information and Consultation of Employees (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 100 The Employment Code of Practice (Access and Unfair Practices during Recognition and De-recognition Ballots) (Appointed day) Order (Northern Ireland) 2006

This Order stipulates 19th March 2006 as the day on which the Code of Practice mentioned above comes into operation. The Code is admissible in evidence in any proceedings before a court, Industrial Tribunal or the the Industrial Court.

No. 100 The Employment Code of Practice (Access and Unfair Practices during Recognition and De-recognition Ballots) (Appointed day) Order (Northern Ireland) 2006(opens new window)

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No. 101 The Employment Code of Practice (Industrial Action Ballots and Notice to Employers) (Appointed day) Order (Northern Ireland) 2006

This Order stipulates the 19th March 2006 as the day on which the Code of Practice mentioned above comes into operation. The Code is admissible in evidence in any proceedings before a court, Industrial Tribunal or the Industrial Court.

No. 101 The Employment Code of Practice (Industrial Action Ballots and Notice to Employers) (Appointed day) Order (Northern Ireland) 2006(opens new window)

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No. 135 The Working Time (Amendment) Regulations (Northern Ireland) 2006

These Regulations amend the 1998 Regulations in relation to removal of existing exemptions in cases where a worker’s working time was partly unmeasured or determined by the worker himself.

No. 135 The Working Time (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 142 The Statutory Sick Pay (General) (Amendment\) Regulations (Northern Ireland) 2006

These Regulations amend the 1982 Regulations of the same name in relation to providing that a person is deemed incapable of work if: he/she is excluded or abstaining from work or is prevented from working because of public health legislation, in order to prevent the spread of an infectious disease.

No. 142 The Statutory Sick Pay (General) (Amendment\) Regulations (Northern Ireland) 2006(opens new window)

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No. 177 The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006

These Regulations are specific to Northern Ireland only and address a slight anomaly in the law regarding TUPE transfers in NI where there is a service provision change. In this respect the Regulations must be read in conjunction with the Transfer of Undertakings (Protection of Employment) Regulations 2006(opens new window)

The Regulations cover issues such as: definition of service change, transferor (rights, duties, powers, liabilities), variation of terms for economic / technical / organisational reasons, transfer of collective agreements, transfer of recognition of an independent trade union, unfair dismissal by reason of transfer, impact of insolvency proceedings, impact re: pensions, employee liability information, remedies, information and consultation requirements for appropriate representatives and so on.

No. 177 The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006(opens new window)

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No. 189 The Gangmasters (Appeals) Regulations (Northern Ireland) 2006

These Regulations establish an appeals procedure in relation to decisions taken by the Gangmasters Licensing Authority, under the Gangmasters (Licensing) Act 2004 www.opsi.gov.uk/acts/acts2004/20040011.htm to refuse to grant a licence, to impose conditions to which a licence is subject, to modify or revoke a licence, or refuse to transfer a licence.

No. 189 The Gangmasters (Appeals) Regulations (Northern Ireland) 2006(opens new window)

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No. 206 The Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006.

This Order establishes and brings into operation the flexible Working Arbitration Scheme as facilitated by the Labour Relations Agency. The scheme provides, as from 25/05/06, a voluntary alternative where both parties agree to an industrial tribunal for the resolution of claims arising out of an application for flexible working made under the statutory provisions.

No. 206 The Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006(opens new window)

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No. 212 The Employment of Children (Amendment) Regulations (Northern Ireland) 2006

These Regulations come into effect on 08/06/06 and address the issue of the maximum number of hours which may be worked by children in term time. The Regulations give effect to EU Directive 94/33/EC and as such replace regulation 3 of the Employment of Children Regulations (Northern Ireland) 1996 which placed a limit on the number of hours a child could work in any week he/she is required to attend school. The Regulations detail things such as – max of 12 hours in any week he/she is required to attend school, maximum of 1 hour of working prior to the commencement of school hours, no more than 2 hours work on a Sunday, 2 weeks holiday entitlement between 1st July and 31 August and so on.

No. 212 The Employment of Children (Amendment) Regulations (Northern Ireland) 2006 (opens new window)

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No.261 The Employment Equality (Age) Regulations (Northern Ireland) 2006

This Statutory Rule implements the latest in a series of equality related laws emanating from Europe. The main thrust of the Regulations comes into effect in October 2006 whereupon the generic concepts of direct discrimination, indirect discrimination, victimisation, harassment and so on will apply to age. The sections of the Regulations that come into effect on 14/6/06 relate to Regulations 37, 38 and 39 which essentially confer power to the Equality Commission to work towards the elimination of discrimination on the basis of age and so on.

No.261 The Employment Equality (Age) Regulations (Northern Ireland) 2006(opens new window)

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No. 262 The Industrial Tribunals (Interest on awards in Age Discrimination cases) Regulations (Northern Ireland) 2006

These Regulation come into effect simultaneously with the Age Discrimination Regulations on 1st October 2006 and they address special provisions in relation to interest on awards and compensation orders made by Industrial Tribunals. The Regulations contain provisions for, amongst other things, compensation sums to include interest on amount awarded, calculations, accrual, simple interest and so on.

No. 262 The Industrial Tribunals (Interest on awards in Age Discrimination cases) Regulations (Northern Ireland) 2006 (opens new window)

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No. 289 The Disability Discrimination (2006 Order) (Commencement No. 1 ) Order (Northern Ireland) 2006

This commencement order begins a series of extensive changes to the original Disability Discrimination Act (1995) with some coming into effect on 3/7/06 in relation to: codes of practice, discrimination by public authorities, private clubs and discrimination in relation to the letting of premises.

No. 289 The Disability Discrimination (2006 Order) (Commencement No. 1 ) Order (Northern Ireland) 2006(opens new window)

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No. 298 The Employers Liability (Compulsory Insurance) (Amendment) Regulations (Northern Ireland) 2006

These Regulations amend the 1999 Regulations of the same name by specifying employers who are exempted from the requirements of Part 3  of the Employers Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972. The Regulations list the relevant public bodies and replaces the NI Fire Authority with the NI Fire and Rescue Service Board.

No. 298 The Employers Liability (Compulsory Insurance) (Amendment) Regulations (Northern Ireland) 2006 (opens new window)

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No. 340 The Gangmasters Licensing (Exclusions) Regulations (Northern Ireland) 2006

These Regulations (with effect from 11/9/06) make provisions in which a licence to act as a Gangmaster (as granted under the Gangmaster Act 2004) is not required.

No. 340 The Gangmasters Licensing (Exclusions) Regulations (Northern Ireland) 2006(opens new window)

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No. 344 The Work and Families (Northern Ireland) Order 2006 (Commencement No. 1) Order) (Northern Ireland) 2006

The Work and Families legislation is being phased in from September 2006 but with the vast bulk of the changes not coming into effect until 6th April 2007. The legislation will amend a variety of pre-existing employment rights, including maternity leave, paternity leave, statutory holiday entitlement, and extending the right to request flexible working for carers.

No. 344 The Work and Families (Northern Ireland) Order 2006 (Commencement No. 1) Order) (Northern Ireland) 2006(opens new window)

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No. 357 The Employment Protection (Continuity of Employment) (Amendment) Regulations (Northern Ireland) 2006

These Regulations (effective from 1/10/06) amend the 1996 Regulations of the same name by adding the making of an agreement to go to arbitration, as per Article 84A of the Industrial Relations (Northern Ireland) Order 1992, to the list of circumstances where continuity of employment is preserved.

No. 357 The Employment Protection (Continuity of Employment) (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 361 The Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations (Northern Ireland) 2006

These Regulations relate to the Work and Families legislation (coming into full effect on 6/4/07 and thus this date relates to these Regulations) and provide detail on matters relating to: overlapping benefits, amendments to statutory maternity pay regulations (eg - 39 consecutive weeks), and amendments to maternity allowance regulations (eg- allowance period).

No. 361 The Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 369 The Collective Redundancies (Amendment) Regulations (Northern Ireland) 2006

These Regulations bring effect to the European Court of Justice’s decision in the Junk v Kuhnel case. The effect is to amend Article 221 of the Employment Rights (Northern Ireland) Order 1996 in relation to collective redundancies whereby in addition to the existing duties an employer must notify the Department for Employment and Learning of his proposal before he gives notice to an employee to terminate his contract of employment in respect of any of those dismissals.

No. 369 The Collective Redundancies (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 372 The Maternity and Parental leave etc. (Amendment) Regulations (Northern Ireland) 2006

These Regulations amend the 1999 Regulations of the same name and although they have effect from 1/10/06 they relate to employees whose expected week of childbirth is on or after 1/4/07. The Regulations address matters such as statutory maternity leave, removal of additional qualification requirements for additional maternity leave, changes to notice of return to work notification to employer (8 weeks instead of 28 days), provisions regarding “keeping in contact days” between employee and employer whilst on maternity leave, and so on.

No. 372 The Maternity and Parental leave etc. (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 373 The Paternity and Adoption Leave (Amendment) Regulations (Northern Ireland) 2006

These Regulations bring into effect similar changes to those detailed in the Maternity and Parental Leave etc Regulations above, where the employee’s child is expected to be placed for adoption on or after 1/4/07. The changes include amendments to statutory adoption leave, notification of return to work provisions and so on.

No. 373 The Paternity and Adoption Leave (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 374 The Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations (Northern Ireland) 2006

These Regulations amend the 2002 Regulations of the same name and relate to amendments to statutory paternity pay in respect of children whose expected week of birth begins on or after 1/4/07, or in the case of adoption where the placement is expected to occur on or after 1/4/07, and the Regulations details matters such as amendments to adoption pay periods (eg – 39 weeks) and so on.

No. 374 The Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No 389 The Working Time (Amendment No 2) Regulations (Northern Ireland) 2006

These Regulations (effective from 1/10/06) clarify that the definition of offshore work includes work performed in the Northern Irish sector of the Continental Shelf as well as those performed within the territorial waters of the UK adjacent to Northern Ireland. For further information, please refer to the website below:

No 389 The Working Time (Amendment No 2) Regulations (Northern Ireland) 2006(opens new window)

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No 395 The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2006

These Regulations essentially postpone the date in which some of the provisions of the Age Regulations come into effect until 1/12/06. The affected components pertain to pension related aspects of the Regulations.

No 395 The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2006(opens new window)

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No. 423 The Employment Protection (Code of Practice) (Disclosure of Information) (Appointed Day) Order (Northern Ireland) 2006

This Order stipulates 12/11/06 as the date when the Labour Relations Agency’s new Code of Practice on Disclosure of Information for Collective Bargaining Purposes comes into effect. The new Code replaces the existing Code which was formulated back in 1978 and contains both changes in content and language. The revised Code contains guidance on matters such as – What the employer is not required to disclose, making complaints about failure to disclose by the employer and seeking conciliation from the Labour Relations Agency, restrictions on the duty to disclose, trade union responsibilities, employer responsibilities, joint arrangements for disclosure, and examples of the type of information to be disclosed for collective bargaining purposes – pay and benefits, conditions of service, Human Resource information, performance, and financial information.

No. 423 The Employment Protection (Code of Practice) (Disclosure of Information) (Appointed Day) Order (Northern Ireland) 2006(opens new window)

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No 429 The Agricultural Wages (Abolition of permits to infirmed and incapacitated persons) Regulations (Northern Ireland) 2006

These Regulations essentially revoke the existing provisions which previously had allowed agricultural employers to not pay the minimum wage requirements as set out in the Agricultural Wages Orders to workers who were infirmed or incapacitated. These Regulations now ensure (as required under the Disability Discrimination Act) that the aforementioned workers receive at least the full minimum statutory wage as set by the Agricultural Wages Orders.

No 429 The Agricultural Wages (Abolition of permits to infirmed and incapacitated persons) Regulations (Northern Ireland) 2006(opens new window)

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No. 453 Employment Equality (Age) (Amendment No.2) Regulations (Northern Ireland) 2006

These Regulations amend, as of 1/12/06, the Employment Equality (Age) Regulations (Northern Ireland) 2006 with regard to the pension related components of the Regulations. The amending Regulations address matters such as: the non-discrimination rule in every occupational pension, pensionable service, transfer definitions, exemption issues, scheme admission, minimum age issues, dependant issues, ill health related issues, accrual issues, limitation issues and so on.

No. 453 Employment Equality (Age) (Amendment No.2) Regulations (Northern Ireland) 2006(opens new window)

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No. 458 Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2006

This Order effectively replaces the 2004 Order of the same name by up-dating the Schedule containing the list of the prescribed persons to whom a protected disclosure can be made to (see 67F of the Employment Rights (NI) Order 1996). The Order came into effect on 10th December 2006.

No. 458 Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2006(opens new window)

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