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Statutory Rules 2010

425 The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2009

These Regulations, although made in 2009, come into operation on 11/1/10. The amendments relate to Regulation 34 of the Age regulations so as to take account of statutory transfer schemes in relation to the exception for provision of certain benefits based on length of service.

No 425 The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2009(opens new window)

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No. 276 The Corporate Manslaughter and Corporate Homicide Act (2007) (Commencement No 2) Order 2010

This Statutory Instrument brings into effect Section 10 of the 2007 Act which makes provision for the power to order convictions etc to be publicised. The Order comes into effect from 15/2/

http://www.opsi.gov.uk/si/si2010/uksi_20100276_en_1 (opens new window)

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No 30 Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment, and Miscellaneous Provisions) Order (Northern Ireland)

This order makes significant changes to the 2007 Order in a wide variety of areas from the definition of a regulated activity, disclosures to police and many other detailed functional and general amendments.

No 30 Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment, and Miscellaneous Provisions) Order (Northern Ireland)(opens new window)

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No 31 Safeguarding  Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010

These Regulations come into force on 1/4/10 and relate to the 2007 Order and in particular Schedule 1 of that Order in relation to criteria prescribed. Criteria is also amended regarding whether a person should be automatically included in the children’s barred list or the adults barred list maintained under Article 6 of the Order.

No 31 Safeguarding  Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010(opens new window)

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No 61 The Employment Rights (Revision of limits) Order (Northern Ireland) 2010

This Order revises from 8/3/10 the limits applying to certain awards by Industrial Tribunals, and another amount payable under employment legislation, as specified in the Schedule to the Order. The changes reflect changes in the Retail Price Index (between Sept ’08 and Sept ’09) and thus the changes in the rates are downward. The 3 changes in limits are – Guaranteed pay is now £21.20 (down from £21.50), the Compensatory Award for Unfair Dismissal is now £65,300 (down from £66,200) and the Award for Compensation for unfair expulsion from a trade union and not re-admitted before application date to tribunal is now £7,200 (down from £7,300).

It should be noted that other limits have not changed as a result of this Order, for example, a weeks’ pay for the purposes of redundancy and unfair dismissal calculation is still £380 and the minimum basic award for Unfair Dismissal is still £4,700.

No 61 The Employment Rights (Revision of limits) Order (Northern Ireland) 2010 (opens new window)

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No 49 The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2010

These Rules amend, along with others, the provisions relating to procedure for appeals from the Industrial Tribunal and the Fair Employment Tribunal to the Court of Appeal for Northern Ireland. These Rules come into effect from 1/4/10.

No 49 The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2010 (opens new window)

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No 60 The Health and Safety (Fees) Regulations (Northern Ireland)  2010  

These Regulations revoke and re-enact the 2009 Regulations and come into effect from 1/4/10. The new Regulations update the fees payable to the Health and Safety Executive (NI) for various licences and approvals and also fix fees to be paid for medical examinations and surveillance by an employment medical adviser as well as other fees.

No 60 The Health and Safety (Fees) Regulations (Northern Ireland)  2010  (opens new window)

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No 55 The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2010

These Regulations amend the 1976  and 1985 Regulations relating to the new rules on doctors’ statement as it relates to employee sickness and claims of relevant health related social security benefits from 6/4/10. The Regulations have been referred to as the new “fit notes” which replace the old “sick notes”

No 55 The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2010 (opens new window)

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No. 78 The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order (Northern Ireland) 2010

These Rules revoke the previous provisions from 1992 and the subsequent amendments in 2003. These  Rules  amend provisions of the 1995 Trade Union and Labour Relations (NI) Order regarding certain trade union related ballots being supervised (as arranged by the trade union) by a qualified independent person (Scrutineer). The type of ballots covered include, things such as trade union mergers, industrial action and the maintenance of a political fund. The Rules provide for the conditions required for the scrutineer to be appointed and also specifies certain bodies by name as being qualified (see 6 names in Article 7). The Rules come into effect on 6/4/10.

http://www.opsi.gov.uk/sr/sr2010/nisr_20100078_en_1  (opens new window)

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No.79 The Recognition and Derecognition Ballots (Qualified Person) (Amendment) Order (Northern Ireland) 2010

This Order amends the 2001 Order (and revokes the 2004 provisions) relating to the appointment by the Industrial Court of a Qualified Independent Person (QIP) to conduct a ballot on recognition / derecognition of a trade union for collective bargaining purposes. The Order sets out the conditions regarding the qualifications needed to be a QIP and names some QIPS as being qualified (See 6 names in Article 2).

http://www.opsi.gov.uk/sr/sr2010/nisr_20100079_en_1 (opens new window)

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No 118 The Social Security Benefits Up-Rating Order (Northern Ireland) 2010

This Statutory Rule makes some amendments to the 1992 Social Security Administration legislation by altering the rates, amongst other things, relating to Statutory Sick Pay ( SSP stays the same at £79.15), Statutory Maternity Pay ( increased to £124.88), and Statutory Paternity and Adoption Pay also increased to £124.88. The rates come into effect at various times during April 2010, for example SSP comes into effect on 6/4/10.

No 118 The Social Security Benefits Up-Rating Order (Northern Ireland) 2010 (opens new window)

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No 1088 The Transnational Information and Consultation of Employees (Amendment) Regulations 2010

These Regulations were laid before Parliament on 6/4/10 and come into operation on 5/6/11 and essentially they amend the 1999 Regulations which made provision for the establishment of European Works Councils for organisations that met the requisite criteria in terms of size and presence for Community-scale undertakings. These Regulations make amendments in relation to things such as agency worker related provisions, determinative information, SNB constitutional matters, the mechanics of informing and consulting, entitlement to training, complaints to the Industrial Court, linkage to National information and consultation forum, the penalty regime and role of the High Court (Northern Ireland) and so on.

No 1088 The Transnational Information and Consultation of Employees (Amendment) Regulations 2010 (opens new window)

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No. 162 The Gangmasters Licensing (Exclusions) Regulations (Northern Ireland) 2010

These Regulations revoke and replace the 2006 Regulations which make provision for the circumstances when a licence to act as a Gangmaster (as per the parent legislation) is not required. The details of the exceptions are found in the Schedule to the Regulations under headings such as – Produce workers,  Agricultural workers,  Shellfish gathers and bodies corporate. The Regulations come into operation on 14/5/10.

http://www.opsi.gov.uk/sr/sr2010/nisr_20100162_en_1 (opens new window)

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No 221 The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations (Northern Ireland) 2010

These Regulations come into operation on 18/7/10 and amend the original 2003 Regulations by extending the scope of the right to request a contract variation to employees who have caring responsibilities for children under the age of 17.

The original 2003 Regulations provided the right to request  a contract variation for employees who had caring responsibilities for children up to the age of 6 or, if the child was disabled, 18 years of age.

No 221 The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations (Northern Ireland) 2010 (opens new window)

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No. 1901 The National Minimum Wage Regulations (1999) Amendment Regulations 2010

These Regulations come into effect on 1/10/10 with the primary effect being to increase the principal rate of the national minimum wage from £5.80 to £5.93 per hour (regulation 11 of the Principal Regulations) and Regulation 5 decreases the age at which this rate becomes payable from 22 to 21. The Regulations also increase the rate paid to workers aged between 18 and 20 from £4.83 to £4.92 per hour and the rate to be paid to workers aged below 18 who have ceased to be of compulsory school age from £3.57 to £3.64 per hour

http://www.legislation.gov.uk/uksi/2010/1901/made(opens new window)

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No. 297 The Additional Paternity Leave Regulations (Northern Ireland) 2010

These Statutory Rules introduce Additional Paternity Leave and Pay, giving eligible employees (usually fathers) a right to take up to six months’ leave from their employment to care for a child, if the child’s mother or (in the case of adoptions) the primary adopter returns to work without exercising their full entitlement to maternity leave. Some of the leave may be paid if it is taken during the mother’s maternity pay period or, for adopted children, during the primary adopter’s adoption pay period. The entitlement to Additional Paternity Leave and Pay will apply to parents of children due on or after 3 April 2011, or to adoptive parents notified of having been matched on or after that date.

http://www.legislation.gov.uk/nisr/2010/297/contents/made(opens new window)

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No. 296 The Additional Paternity Leave (Adoption from Overseas) Regulations (Northern Ireland) 2010

The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2010, the Employment Rights (Northern Ireland) Order 1996 (Application of Article 112BB to Adoptions from Overseas) Regulations

(Northern Ireland) 2010 and the Additional Paternity Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2010 apply the entitlement to Additional Paternity Leave and Pay (with necessary modifications) to eligible parents who are adopting a child from overseas.

http://www.legislation.gov.uk/nisr/2010/296/contents/made(opens new window)

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No. 298 The Additional Statutory Paternity Pay (Adoption from Overseas) (Northern Ireland) 2010

The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2010, the Employment Rights (Northern Ireland) Order 1996 (Application of Article 112BB to Adoptions from Overseas) Regulations (Northern Ireland) 2010 and the Additional Paternity Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2010 apply the entitlement to Additional Paternity Leave and Pay (with necessary modifications) to eligible parents who are adopting a child from overseas.

http://www.legislation.gov.uk/nisr/2010/298/contents/made(opens new window)

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No. 299 The Additional Statutory Paternity Pay (Birth, Adoption and Adoption from Overseas) (Administration) Regulations (Northern Ireland) 2010

The Additional Statutory Paternity Pay (Birth, Adoption and Adoption from Overseas) (Administration) Regulations (Northern Ireland) 2010 provide for the funding of employers’ liabilities to make payments of ASPP; they also impose obligations on employers in connection with such payments and confer powers on the Commissioners of Her Majesty’s Revenue and Customs.

http://www.legislation.gov.uk/nisr/2010/299/contents/made(opens new window)

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No. 300 The Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010

The Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 allow employed earners to be paid Additional Statutory Paternity Pay if they are not working during their partner’s maternity or adoption pay period. To be eligible the mother or primary adopter must have been entitled to Maternity Allowance, Statutory Maternity Pay or Statutory Adoption Pay and have returned to work. The Regulations set out the eligibility criteria including notice periods and length of service requirements. These Regulations also provide for cases where the mother or primary adopter dies during the year after the child’s birth or placement for adoption.

http://www.legislation.gov.uk/nisr/2010/300/contents/made(opens new window)  

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No. 301 The Additional Statutory Paternity Pay (Health and Social Care Employees) Regulations (Northern Ireland) 2010

The Additional Statutory Paternity Pay (Health and Social Care Employees) Regulations (Northern Ireland) 2010 allow (in certain cases) a Health and Social Care employee with two or more contracts of employment to elect, for the

purposes of entitlement to ASPP, to treat those contracts as one contract.

http://www.legislation.gov.uk/nisr/2010/301/contents/made(opens new window)  

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No. 302 The Additional Statutory Paternity Pay (Weekly Rates) Regulations (Northern Ireland) 2010

The Additional Statutory Paternity Pay (Weekly Rates) Regulations (Northern Ireland) 2010 set the standard weekly rate for Additional Statutory Paternity Pay.

http://www.legislation.gov.uk/nisr/2010/302/contents/made(opens new window)

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No. 304 The Ordinary Statutory Paternity Pay (Adoption), Additional Statutory Paternity Pay (Adoption), and Statutory Adoption Pay (Adoptions From Overseas), (Persons abroad and Mariners) Regulations (Northern Ireland) 2010

The Ordinary Statutory Paternity Pay (Adoption), Additional Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons Abroad and Mariners) Regulations (Northern Ireland) 2010 modify the 2002 Regulations to provide Ordinary Statutory Paternity Pay, Additional Statutory Paternity Pay and Statutory Adoption Pay for mariners and persons abroad who adopt from overseas (i.e. who adopt a child under the law of another country). This legislation repeals the previous regulations on this subject, and replaces them with one substantive change, namely that the regulations now additionally take account of ASPP.

http://www.legislation.gov.uk/nisr/2010/304/contents/made(opens new window)

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No 361 The Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2010

This Statutory Rule replaces the Schedule to the Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 1999 (“the Order”) with updated names of Prescribed Persons or Bodies and also the description of the matters for which they are listed. This Statutory Rule comes into operation on 29/11/10.

The Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1998 gives protection to “whistleblowers” who raise concerns, by making a protected disclosure about dangerous or illegal activity that they are aware of in the workplace. Such protection is provided against any consequent victimisation or dismissal, and is contingent on the whistleblower having acted in a responsible way in dealing with his/her concerns. Disclosures are protected if made to a person or body which has been prescribed by “the Order”. The list of Prescribed Persons/Bodies and the description of matters for which they are listed has recently been reviewed and updated.

http://www.legislation.gov.uk/nisr/2010/361/made(opens new window)

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No 360 The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations (Northern Ireland) 2010

The main changes to the Regulations, which come into operation in December 2010 are:

  • the removal of suitability checks for employment agencies when placing people for permanent work, unless the work-seeker will be working with vulnerable individuals;
  • the removal of the requirement for employment agencies to agree terms with hirers for permanent placements;
  • a significant reduction in the circumstances under which employment agencies must agree terms with work-seekers;
  • greater clarity in advertisements, through the replacement of the terms “employment agency” or “employment business”, with “permanent” and “temporary”;
  • a ban on taking upfront fees from photographic and fashion models; additional protections for people working in the entertainment sector when they are charged a legitimate upfront fee, or fee for additional services, including the introduction of extended cooling-off periods and the right to seek refunds when promised services have not been delivered.

http://www.legislation.gov.uk/nisr/2010/360/contents/made(opens new window)

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No 399 Public Interest Disclosure (Prescribed Persons) (Amendment No 2) Order (Northern Ireland) 2010

This Order, although made in December 2010, comes into operation on 16/1/11. By way of background Article 67F of the Employment Rights (Northern Ireland) Order 1996 provides a worker with the right not to suffer a detriment as a result of making a qualifying disclosure to a prescribed person in accordance with the requirements of that Order. The Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1999 prescribes those persons and specifies the matters for which those persons are prescribed.

This Order amends the Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1999 (S.R. 1999 No.401).

It adds the Northern Ireland Human Rights Commission to the list of persons in that Order and also specifies the description of matters in respect of which it is prescribed.

http://www.legislation.gov.uk/nisr/2010/399/made(opens new window)

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