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The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations (Northern Ireland) 2020 No. 89
The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations (Northern Ireland) 2020
These Regulations amend the Schedule to the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 (“the 1982 Regulations”). Regulation 2 of the 1982 Regulations provides that a person who is self-isolating in accordance with the Schedule is deemed to be incapable of work.
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.
No. 183 Regulations of Investigatory Powers Act 2000 (Amendment) Order (Northern Ireland) 2002
This Order makes amendments to the Act of the same name (2000) by including NI public authorities to Schedule 1 and the impact on officers of such authorities.
No 104 The Maternity and Parental Leave etc. (Amendment) Regulations (Northern Ireland) 2015
These Regulations amend the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999. The purpose of doing so is to remove the limitation on parental leave so that it may be taken at any time before a child’s eighteenth birthday.
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.
The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2022
General legislation for the provision of parental bereavement pay in Northern Ireland
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. 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.