Search Results
219 (9) The Disability Discrimination Act 1995 (Commencement No. 2) Order (Northern Ireland) 1996
This Order stipulates 30th May 1996 as the day in which various components of the 1995 Act come into operation including issues such as: definition of disability, past disabilities, guidance, definitions of lease/sub-lease/sub-tenancy, advice and assistance, statutory authority, national security, restrictions on publicity in Industrial Tribunals, interpretation, supplementary provisions and so on.
The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019
This instrument amends the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (“the 1979 Order”) to give effect to changes to a criminal record ‘filtering scheme’ that allows some old and minor spent convictions to be ‘filtered, so that they are no longer disclosed and cannot be taken into account in employment decisions in certain circumstances. The 1978 Order makes it possible for certain convictions to become “spent”, which means that after a specified period a person can be treated for certain purposes as if the conviction had never happened and they need not, for example, tell an employer about the conviction when applying for a job.
To ensure that the public is adequately protected, however, certain exceptions to the 1978 Order are set out in the 1979 Order so that, for specified professions and occupations that typically involve a high degree of trust and often involve vulnerable persons, applicants must declare all past convictions when asked. The 1979 Order is amended periodically to ensure that the access to the criminal record disclosure regime keeps pace with changes in public risk; to ensure that disclosure regimes remain consistent across jurisdictions where appropriate; and to maintain the public trust and protection process.
This Order, the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019 (“the 2019 Order”), stems from a Supreme Court judgment, which ruled that elements of the criminal record ‘filtering scheme’ operated by the Department of Justice were disproportionate. The ‘filtering scheme’ was established in 2014 following a review of the criminal records regime in Northern Ireland that was carried out by Sunita Mason during 2011, which recommended that the Department of Justice should filter old and minor convictions from standard and enhanced criminal record certificates; and to take account of the findings of two court cases concerning the disclosure of criminal record material at that time.
The terms of the scheme are that a conviction can be filtered after a period of 11 years (or 5.5 years for those under 18 at the time of the conviction), so long as the conviction was not for a specified offence as listed in the 1979 Order (e.g. serious violent and sexual offences; or offences of specific relevance for posts concerned with safeguarding children and vulnerable adults; etc.); did not attract a custodial sentence; and if there is no other conviction on the individual’s record.
The Supreme Court found that limiting the filtering scheme to a single offence, with the result that more than one old and minor conviction would be disclosed automatically, was disproportionate. The Department has, therefore, adjusted the terms of the scheme to allow more than one offence to be filtered in order to comply with the judgment.
The 2019 Order gives effect to this change by amending the 1979 Order to remove Article 1A(2)(c), which restricted the terms of the filtering scheme to a single conviction. The Department is satisfied that public protection is maintained, however, as the remaining elements of the filtering scheme will continue to ensure that there is no increased risk to the public as a result of this change.
Essentials of Employment Law
This seminar is a perfect introduction to the essentials of employment law.
560 (27) The Disability Discrimination Act 1995 (Commencement No. 4) Order (Northern Ireland) 1996
This Order stipulates 2nd December 1996 as the date when the remaining provisions of 5.16(3) come into effect as far it relates to the definition of ‘sub-lease’ and ‘sub-tenancy’ as defined and operational as of 30 May 1996.
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)
1 (1) The Disability Discrimination Act (1995) (Commencement No. 1)(Northern Ireland) 1996
This Order stipulates 2nd January 1996 as the date whereupon sections 50, 51 and 52 of, and schedule 5 to, as modified by Schedule 8 of the DDA 1995 which deals with the establishment of the NI Disability Council.
No. 163 The Disability Discrimination Act 1995 (commencement No. 7) Order (Northern Ireland) 2001
This Order brings into operation aspects of the Disability Discrimination Act 1995 relating to taxi drivers (taking guide dogs/hearing dogs), Departmental papers regarding exception applications and appeals.
No.426 Employment Equality (Sex Discrimination) Regulations (Northern Ireland) 2005
These Regulations implement the latest in a series of Equality related Directive Requirements.
532 The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 1996
This Order prescribes the format and content of a questionnaire which can be used by persons who believe they may have been discriminated against by an employer for a reason connected with disability.
No. 439 (C.22) The Disability Discrimination Act 1995 (commencement No.8) Order (Northern Ireland) 2001
This Order provides for certain powers and interpretation matters contained in S.27 and Schedule 4 of the Disability Discrimination Act (1996) eg – reasonable adjustments by service provides, alterations to leased premises and so on.