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The Industrial Court (Membership) (Amendment) Regulations (Northern Ireland) 2022
These Regulations amend the Industrial Court (Membership) Regulations (Northern Ireland) 2011 (the “Membership Regulations”).
Regulation 2 amends regulation 3 of the Membership Regulations by removing a number of the current legislative provisions in relation to members of the Industrial Court (the “Court”) holding and vacating office and replacing those provisions with a reliance on each member’s terms of appointment.
Regulation 3 contains a transitional provision for current members of the Court.
The Court is a non-departmental tribunal body whose main function is to adjudicate on applications relating to the statutory recognition or derecognition of trade unions for collective bargaining purposes, where this cannot be agreed voluntarily.
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 317 The Work and Families (Increase of Maximum Amount) Order (Northern Ireland) 2009
This Order comes into effect on 1/10/09 and has the main purpose of increasing the maximum weekly amount used for the purposes of calculating certain awards by the Industrial Tribunal from £350 to £380. This is commonly referred to as the “capped weeks pay” for the purposes of unfair dismissal and redundancy pay calculations.
404 The Disability Discrimination Code of Practice (Duties of Trade Organisations to their disabled members and applicants) (Appointed Day) Order (Northern Ireland) 1999
The appointed day for the commencement of this Code is 1/10/99 and as such enacts sections 13-15 of the Disability Discrimination Act 1995.
6 Employment Rights (Increase of Limits) Order (Northern Ireland) 2000
This Order increases, as from 5/3/00, the limits applying to certain awards of industrial tribunals, and other amounts payable under employment legislation, as specified in the Schedule to the Order. (Increases reflect increases in Retail Price Index from Sept’97-Sept’99).
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).
327 The Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) Order (Northern Ireland) 1999
This Order stipulates 1/10/99 as the date on which the Code of Practice on the Right of Access to Goods, Facilities, Services and Premises comes into effect.
No. 24 Employment Rights (Increase of limits) Order (Northern Ireland) 2002
This Order increases the limits (as of 10/3/02) applying to certain awards of Industrial Tribunals and other awards. Examples include: "capped" weeks pay £250, guaranteed payment £17.00, Unfair dismissal limit £52,600.
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.
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.