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Statutory Rules 2012

No 81 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2012

This Order increases, from 4/3/12, the limits applying to certain awards of Industrial Tribunals and other amounts payable under employment legislation as specified in the Schedule to the Order. This Order covers things such as the “cap” on a weeks’ pay (now £430 per week) for the purposes of calculating statutory redundancy pay and awards for unfair dismissal. Other limits include the amount for guaranteed pay (now £23.50 per day) and so on.

http://www.legislation.gov.uk/nisr/2012/81/made(opens new window)

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No. 96  The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2012

This Order amends the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004 which specifies 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.

The Schedule to the 2004 Order lists in Part I the bodies who are public authorities for the purposes of Articles 52 to 65 of the 1998 Order and in Part II the bodies who are public authorities for the purposes of Articles 62 to 65 of the 1998 Order.

Article 2 of this Order substitutes a new Schedule to the 2004 Order.

The following bodies are added to Part I of the Schedule:

Charity Commission for Northern Ireland

Commissioner for Older People for Northern Ireland

Director of Public Prosecutions

Northern Ireland Courts and Tribunals Service

Police Rehabilitation and Retraining Trust

State Pathologist’s Department

The following body has been deleted from Part I of the Schedule:

The Economic Research Institute for Northern Ireland

Article 3 revokes the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2009.

http://www.legislation.gov.uk/nisr/2012/96/made(opens new window)

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No. 116 The Social Security Benefits up-rating Order (Northern Ireland) 2012

This Order, one of a series of statutory rules relating to the annual up-rating, provides for the rates of social security benefits, pensions and allowances from April 2012 (various dates from 1st-12th April 2012). This Order makes changes to rates such as Statutory Sick Pay (SSP) which is now (as of 6/4/12) at the rate of £85.85, Statutory Maternity Pay (SMP) (and Statutory Paternity and Statutory Adoption Pay) which is now (as of 1/4/12) at the rate of £135.45 etc.

http://www.legislation.gov.uk/nisr/2012/116/made (opens new window)

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No. 138 The Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2012

This Order appoints 19th April 2012 as the day upon which the Code of Practice on Time Off for Trade Union Duties and Activities, which is being issued by the Labour Relations Agency (LRA) under Article 90(5) of the Industrial Relations (Northern Ireland) Order 1992, will come into effect.

The Code of Practice replaces the previous Code of Practice on Time Off for Trade Union Duties and Activities which came into effect on 20th May 2004 by virtue of the Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2004 (“the 2004 Order”). The revisions to the Code, which are introduced to reflect best practice, were carried out by the LRA under Article 90(9) of the Industrial Relations (Northern Ireland) Order 1992. The Code was laid before the Assembly in accordance with Article 90(4) of the Order and was approved by resolution of the Assembly on 6th March 2012.

Transitional arrangements provide that the Code shall have effect in relation to any act done by an employee or employer on or after 19th April 2012 and the LRA Code brought into effect by Article 2 of the 2004 Order shall continue to have effect in relation to any act done before that date. The 2004 Order is otherwise revoked.

http://www.legislation.gov.uk/nisr/2012/138/made (opens new window)

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No. 169 The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012

These Regulations come into effect on 11/5/12 and essentially amend the Road Transport (Working Time) Regulations (Northern Ireland) 2005 in order to now cover self-employed drivers as well as employee drivers. The Working Time Regulations have different provisions in certain sectors such as mobile transport activities, aviation and so on, and thus specifically drafted Regulations exist accordingly.

http://www.legislation.gov.uk/nisr/2012/169/made  

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No. 263 The Race Relations Order 1997 (Amendment) Order (Northern Ireland) 2012

This Order amends the Race Relations (Northern Ireland) Order 1997 to prescribe the circumstances in which unlawful discrimination in relation to employment under that Order applies to seafarers on ships and hovercraft.

The Order provides that it is not unlawful to differentiate in relation to pay where a person applied for work as a seafarer outside Northern Ireland or was recruited as a seafarer outside Northern Ireland and is not a British citizen or a national of another EEA State or designated state.

http://www.legislation.gov.uk/nisr/2012/263/made(opens new window)

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No 283 Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) 2012

This Order comes into effect on 1/10/12 and amends the Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1999 (S.R. 1999 No. 401) by replacing the Schedule to that Order.

It adds to the list of prescribed persons: the Office of Qualifications and Examinations Regulations and the Secretary of State for Business, Innovation and Skills to the list of prescribed persons.

It makes amendments to the description of matters for the Department of Agriculture and Rural Development; the Department of Culture, Arts and Leisure; the Department of Enterprise, Trade and Investment; the Office of Communications; the Office of Fair Trading; the Pensions Regulator and the Regulation and Quality Improvement Authority.

This Order revokes the Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 2010 (S.R. 2010 No. 361) and the Public Interest Disclosure (Prescribed Persons) (Amendment No.2) Order (Northern Ireland) 2010

http://www.legislation.gov.uk/nisr/2012/283/made(opens new window)

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No.286  The Corporate Manslaughter and Corporate Homicide (2007 Act) (Commencement) Order (Northern Ireland) 2012

This Order brings into force on 3rd September 2012 section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007. Section 2 of that Act defines “relevant duty of care” for the purposes of the Act, and subsection (1)(d) states that a duty owed to a person in custody etc is to be such a relevant duty. This Order completes the bringing into force of that Act.

http://www.legislation.gov.uk/nisr/2012/286/made(opens new window)

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No 301 The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012

This Order sets out and brings into operation an arbitration scheme intended for the resolution of a wide range of employment rights disputes. The Scheme was submitted to the Department for Employment and Learning by the Labour Relations Agency pursuant to Article 84A of the Industrial Relations (Northern Ireland) Order 1992 and Article 89 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

The Schedule to the Order sets out the detail of the Scheme, providing for arbitration in the case of proceedings, or claims which could be the subject of proceedings, before an industrial tribunal arising out of a contravention or alleged contravention of

  • Part XI of the Employment Rights (Northern Ireland) Order 1996 (unfair dismissal);
  • Articles 112G(1) or 112H(1)(b) of that Order (flexible working);
  • any of the statutory provisions specified under Article 84A(1)(b) of the Industrial Relations (Northern Ireland) Order 1992.

The Scheme additionally provides for arbitration in the case of proceedings, or claims which could be the subject of proceedings, before the Fair Employment Tribunal under Article 38 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

The Order provides for the Scheme to come into effect on 27th September 2012. The Scheme will provide from that date a voluntary alternative to an industrial tribunal or the Fair Employment Tribunal for the resolution of disputes to which it is applicable.

http://www.legislation.gov.uk/nisr/2012/301/made(opens new window)

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No 302 The Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012

This Order utilises the power vested in the Department for Employment and Learning to permit the Labour Relations Agency to prepare an arbitration scheme for dealing with disputes which are or could become the subject of industrial tribunal proceedings.

Listed in the Schedule are a range of employment rights jurisdictions in respect of which the Agency may prepare a scheme.

The Scheme comes into operation on 27th September 2012.

http://www.legislation.gov.uk/nisr/2012/302/made(opens new window)

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No 318 Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2012

The Order comes into operation on 10 September 2012 with Article 2 of the 1979 Order providing exceptions to article 5(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (“the 1978 Order”) (questions which relate to spent convictions). Article 3 of this Order updates the 1979 Order to enable the finance industry and the Financial Services Authority to consider all spent convictions committed by individuals falling within the Order by deleting references to “relevant offences”. Articles 4, 5 and 6 of this Order make similar amendments.

Articles 1, 2 and 3 of this Order also update the 1979 Order to permit the Financial Services Authority to take spent convictions into account when exercising certain functions under the Payment Services Regulations 2009 and the Electronic Money Regulations 2011 relating to payment institutions and electronic money institutions.

Article 7 updates the 1979 Order to secure that the coverage of the 1979 Order is unaffected by the amendments made to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 by the Protection of Freedoms Act 2012. Without the changes made by this article, those amendments would operate to limit the range of cases in which the 1979 Order would permit questions to be asked, or allow persons to be excluded from certain types of work and would therefore reduce the protection afforded by the 1979 Order to children and vulnerable adults. The changes made by Article 7 secure that there is no reduction in that protection.

Article 7 also updates the 1979 Order to simplify the way in which it covers health and social care occupations; to provide coverage of the 1979 Order to those providing advocacy services for vulnerable adults; and to remove inoperative (or largely inoperative) material from the 1979 Order

http://www.legislation.gov.uk/nisr/2012/318/made(opens new window)

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No 319 The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012

These Regulations come into operation on 10/9/12 and amend the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 which prescribe the criteria which determine whether a person should be included automatically in the children’s barred list or the adults’ barred list maintained by the Independent Safeguarding Authority under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the 2007 Order”).

Regulation 2(2) and (3) amend the criteria on the basis of which a person will be included automatically in the children’s barred list without having the right to make representations. Regulation 2(4) and (5) amend the criteria on the basis of which a person will be included automatically in the children’s barred list with the right to make representations.

Regulation 2(6) amends the criteria on the basis of which a person will be included automatically in the adults’ barred list without having the right to make representations. Regulation 2(7) and (8) amend the criteria on the basis of which a person will be included automatically in the adults’ barred list with the right to make representations.

In particular these amendments update the criteria for automatic inclusion on the children’s and adults’ barred list in light of the Sexual Offences (Scotland) Act 2009 and the provisions in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 in relation to disregarded convictions and cautions.

http://www.legislation.gov.uk/nisr/2012/319/made(opens new window)

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No 320 The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012

This Order comes into on 10/9/12 and essentially amends the Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (“the 2009 Order”) by revoking the provisions in the 2009 Order which provided that certain people should not be treated as vulnerable adults or as providing regulated activity to children or to vulnerable adults, in light of the changes to the definitions of vulnerable adult, regulated activity relating to children and regulated activity relating to vulnerable adults in Schedule 7 to the Protection of Freedoms Act 2012 (“the 2012 Act”).

This Order also amends the Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (the “2009 Commencement Order”) in light of the changes made to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (the “2007 Order”) by Schedule 7 of the 2012 Act. The 2009 Commencement Order is mainly based around three transitional periods, which were dependent on the phased implementation of Article 28 of the 2007 Order. Paragraph 6 of Schedule 7 to the 2012 Act repeals Article 28 of the 2007 Order and therefore the transitional periods in the 2009 Commencement Order can no longer operate. This Order therefore repeals all of the provisions in the 2009 Commencement Order which were dependent on those transitional periods.

This Order makes two new transitional provisions. Article 6 (which is based on Article 19 of the 2009 Commencement Order) enables the Independent Safeguarding Authority to provide information to a person, who has a legitimate interest in knowing the information, as to whether a particular person is barred from engaging in regulated activity relating to children or vulnerable adults, on the list kept under Articles 3 and 35 respectively of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or the list kept under regulation 8 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007.

This provision will have effect until paragraph 9(1) of Schedule 7 to the 2012 Act, insofar as it inserts the barred list check under Article 32A into the 2007 Order, is brought into force.

Article 7 (which is based on article 15 of the 2009 Commencement Order) modifies section 116(3) (Enhanced criminal record certificates: judicial appointments and Crown employment) of the Police Act 1997.

http://www.legislation.gov.uk/nisr/2012/320/made(opens new window)

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No 2397 The National Minimum Wage (Amendment) Regulations 2012

The Regulations amend the 1999 regulations primarily in relation to the national minimum wage rates. The Regulations come into force, as far as Northern Ireland is concerned, on 1/10/12. The key changes are as follows: increases - the principal rate of the national minimum wage from £6.08 to £6.19 per hour, increases the rate paid to apprentices within the first 12 months of their employment or engagement under Government arrangements (as specified)  or who have not attained the age of 19 from £2.60 to £2.65 per hour, increases the accommodation amount which is applicable where an employer provides a worker with living accommodation from £4.73 to £4.82 for each day that accommodation is provided.

http://www.legislation.gov.uk/uksi/2012/2397/contents/made (opens new window)

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