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Statutory Rules 2007

No.470 (C.29) The Disability Discrimination (2006) Order (Commencement No.2) Order (Northern Ireland) 2006

This Order continues to introduce ( as of 1/1/07) some components of the 2006 Order which is being phased in during the first half of 2007. Article 2 brings into operation Article 5 which essentially relates to the duty on public authorities – requiring a public authority to have due regard, in carrying out its functions, to the need to promote positive attitudes towards disabled people, and the need to encourage participation by disabled people in public life. A public authority is defined in the same way as in Section 75 of the Northern Ireland Act (1998).

No.470 (C.29) The Disability Discrimination (2006) Order (Commencement No.2) Order (Northern Ireland) 2006(opens new window)

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No. 504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2006

This Order amends the 2004 Order of the same name by specifying a 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 persons who are to be treated as employees of these authorities. The Order came into effect on 1/1/07.

No. 504 Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2006(opens new window)

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No. 22 Employment Rights (Increase of limits) Order (Northern Ireland) 2007

This Order, as of 04/02/07, increases the limits applying to certain awards of Industrial Tribunals, and other amounts payable under employment legislation. Examples include: ‘a weeks pay’ is now capped at £310,

guaranteed pay £19.60 per day, minimum basic award for unfair dismissal £4200, limit on unfair dismissal compensatory award £60,600.

No 22 Employment Rights (Increase of limits) Order (Northern Ireland) 2007(opens new window)

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No. 53 The Flexible Working (Eligibility, Complaints and Remedies) (Amendments) Regulations (Northern Ireland) 2007

These regulations amend the 2003 regulations of the same name by extending the right to request flexible working to employees who care for certain adult relatives. The Regulations come into effect on 06/04/07.

No. 53The Flexible Working (Eligibility, Complaints and Remedies) (Amendments) Regulations (Northern Ireland) 2007(opens new window)

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No.91 The Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2,3 and 4) Order (Northern Ireland) 2007

This Order amends the statutory dispute resolution procedures by widening the jurisdictions coverage (see schedules 2, 3 and 4) by adding information and consultation representatives of employees in the context of: European Public limited-liability companies, occupational and personal pension schemes and Information and Consultation of Employees.

No.91 The Employment (Northern Ireland) Order 2003 (Amendment of Schedules 2,3 and 4) Order (Northern Ireland) 2007(opens new window)

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No.100 The Fair Employment Tribunal (Remedies) (Amendment) Order (Northern Ireland) 2007

This order amends the 1995 Order of the same name by clarifying that awards calculated by the Tribunal on which interest is calculated does not include an award in respect of costs, allowances of preparation time. The Order also stipulates the Tribunals’ power to deal with complaints of harassment in this context.

No.100 The Fair Employment Tribunal (Remedies) (Amendment) Order (Northern Ireland) 2007(opens new window)

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No.101The Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination cases) (Amendment) Regulations (Northern Ireland) 2007

These Regulations amend the 2003 Regulations of the same name by clarifying that awards calculated in sexual orientation discrimination cases on which interest is calculated does not include an award in respect of costs, allowances or preparation time.

No.101The Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination cases) (Amendment) Regulations (Northern Ireland) 2007 (opens new window)

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No.102 The Industrial Tribunals (Interest on awards in Sex and Disability Discrimination cases) (Amendment) Regulations (Northern Ireland) 2007

These Regulations amend the 1996 Regulations of the same name by clarifying that awards calculated in Sex or Disability discrimination cases on which interest is calculated does not include an award in respect of costs, allowances or preparation time.

No.102 The Industrial Tribunals (Interest on awards in Sex and Disability Discrimination cases) (Amendment) Regulations (Northern Ireland) 2007(opens new window)

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No.103 The Race Relations (Interest on Awards) (Amendment) Order (Northern Ireland) 2007

This Order amends the 1997 order of the same name by clarifying that cases on which interest is calculated does not include an award in respect of costs, allowances or preparation time.

No.103 The Race Relations (Interest on Awards) (Amendment) Order (Northern Ireland) 2007(opens new window)

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No.118 The Smoking (2006 Order) (commencement) Order (Northern Ireland) 2007

This order provides for the coming into operation of the remainder of the 2006 order on 30/04/07.

No.118 The Smoking (2006 Order) (commencement) Order (Northern Ireland) 2007(opens new window) 7

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No.134 The Smoke-Free (Signs) Regulations (Northern Ireland) 2007

These Regulations contain requirements which relate to the display of no-smoking signs in smoke-free premises and vehicles.

No.134 The Smoke-Free (Signs) Regulations (Northern Ireland) 2007(opens new window)

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No 138 The Smoke-Free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007

These regulations provide for exemptions under the Smoking (Northern Ireland) Order 2006 and provide for most public and work vehicles to be smoke-free under the order. The Regulations also address exemptions regarding private accommodation and some types of work, hotels, guesthouses, inns, hostel and members clubs (designated bedrooms), nursing homes, residential care homes, hospices (designated rooms) and other specific exemptions.

No 138 The Smoke-Free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007(opens new window)

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No 225 The Employment Equality (Age) (Consequential Amendments) Regulations (Northern Ireland) 2007

These regulations amend the primary and secondary legislation on age discrimination by altering provisions in relation to statutory sick pay, dismissal for exercising the right of accompaniment, aspects of Social Security Contributions and benefits and aspects of inter-related law impacting on those under 16.

No 225 The Employment Equality (Age) (Consequential Amendments) Regulations (Northern Ireland) 2007(opens new window)

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No.290 The Industrial Court (Proceedings) Rules (Northern Ireland) 2007

These rules allow for any party to be represented by counsel or solicitor in proceedings before the Industrial Court arising from the legislative provisions listed in the Schedule, that is: the ICE Regulations 2005, the Transnational ICE Regulations 1999, the European Public Limited Liability Company Regulations 2004, and the European Cooperative Society (Involvement of Employees) Regulations 2006. The rules came into effect from 3/6/07.

For further information, please refer to the following website

No.290 The Industrial Court (Proceedings) Rules (Northern Ireland) 2007(opens new window)

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No. 323 The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2007

These Regulations, as of 31/7/07, replace the references to the previous 1985 EEC Regulation with those relating to the 2006 EC Regulation and make various technical amendments and provisions on previous omissions on matters such as types of vehicle covered and provisions for Industrial Tribunals to hear appeals against improvement notices as if they had been issued under the Health and Safety at Work (NI) Order 1978 (Art.26).

For further information, please refer to the following website

No. 323 The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2007(opens new window)

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No 340 The Working Time (Amendment) Regulations (Northern Ireland) 2007

These Regulations amend the 1998 Working Time Regulations by inserting a new Section 13 A to increase the annual leave entitlement from 4 weeks to 5.6 weeks. The extra entitlement will be staged with workers becoming eligible for the first additional 0.8 weeks from 1st October 2007, then the second 0.8 weeks form April 2009. In principle the Regulations appear quite straightforward with provisions made for: ( a cap on the aggregate entitlement of 28 days, prevention of receiving payment in lieu of taking holidays (apart from an employment termination context), provisions for a relevant agreement to provide for limited “carry-over” of leave into the next leave year, non-application of extra entitlement to workers who already benefit from leave over and above the new 1.6 week additional entitlement, consequential amendments and changes to Industrial Tribunal Regulations), however this area can be complex and advice should be sought if in doubt.

For further information, please refer to the following websites

No 340 The Working Time (Amendment) Regulations (Northern Ireland) 2007(opens new window)

http://www.delni.gov.uk/working-time-guidance(opens new window)

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No. 393 The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No.2) Regulations (Northern Ireland) 2007

These Regulations amend the 2003 Regulations of the same name in respect of the categories of person entitled to request a contract variation in order to care for a child as per the Regulations. The amendments redefine “adopter” and make changes regarding matters such as: adoption agency, private foster carer, and residence order. The Regulations add : private foster carer (or their spouse, partner or civil partner), and also a person in whose favour a residence order is in force in respect of a child, as being eligible to request a contract variation.

For further information, please refer to the following website

No. 393 The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No.2) Regulations (Northern Ireland) 2007(opens new window)

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No.430 The Disability Discrimination (2006 Order) (Commencement No.3) Order (Northern Ireland) 2007

This Commencement Order continues to incrementally introduce amendments to the Disability Discrimination Act which was enacted in 1995. This commencement provision essentially brings Northern Ireland into line with GB in relation to the new definition of disability (as well as some other technical amendments) as per Article 18 so that conditions such as MS, HIV and Cancer are now covered by the definition and also the need for mental illnesses to be clinically recognised has now been removed. These amendments come into effect on 31st October 2007 and it is likely that the remainder of the reforms to bring NI into line with GB in relation to amendments on disability discrimination will come into effect before the end of 2007 via a fourth Commencement Order.

No.430 The Disability Discrimination (2006 Order) (Commencement No.3) Order (Northern Ireland) 2007(opens new window)

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No. 466 The Disability Discrimination (2006 Order) (Commencement No.4) Order (Northern Ireland) 2007.

This Commencement Order significantly amends the Disability Discrimination Act (1995) by bringing into effect, as of 31/12/07, changes in relation disability discrimination in the following contexts: district councils, police, public authorities, transport vehicles, discriminatory advertisements, group insurance, private clubs, letting of premises and other technical powers to make changes in the law.

No. 466 http://www.opsi.gov.uk/sr/sr2007/20070466.htm (opens new window)

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No. 470 The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007

This Order prescribes, as of 31/12/07, the forms for questions and replies under Part 3 of the Act, cases other than employment and education, other than employment services and aspects of group insurance. The Order also details provisions regarding jurisdiction in relation to Industrial Tribunals and County Court and also issues such as: timescales for questions and replies, admissibility, and impact on the statutory dispute resolution regulations.

No. 470 http://www.opsi.gov.uk/sr/sr2007/20070470.htm (opens new window)

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No 494 The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Consequential Amendments etc) Regulations (Northern Ireland) 2007

These Regulations, as of 30/12/07, make amendments to the 2006 TUPE Regulations and the 2006 Service Provision Change Regulations (NI only) purely in terms of references to the above Regulations which exist in other Orders in Council and Regulations, for example, the ICE (NI) Regulations 2005 and the Pensions (NI) Order 2005.

For further information, please refer to the website below:

http://www.opsi.gov.uk/sr/sr2007/nisr_20070494_en_1(opens new window)

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No 495 The Industrial Court (Proceedings) (Amendment) Rules (Northern Ireland) 2007

These Rules allow, from 15/12/07, for any party to be represented by counsel or solicitor in proceedings arising from the Companies (Cross Border Mergers) Regulations 2007.

For further information, please refer to the website below:

http://www.opsi.gov.uk/sr/sr2007/nisr_20070495_en_1(opens new window)

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