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No 494 The Transfer of Undertakings and Service Provision Change (Protection of Employment) (Consequential Amendments etc) Regulations (Northern Ireland) 2007
These Regulations, as of 30/12/07, make amendments to the 2006 TUPE Regulations and the 2006 Service Provision Change Regulations (NI only) purely in terms of references to the above Regulations which exist in other Orders in Council and Regulations, for example, the ICE (NI) Regulations 2005 and the Pensions (NI) Order 2005.
274 (C.10) Employment Rights (Dispute Resolution) (1998 Order) (Commencement No. 1 and Transitional and Saving Provisions) Order (Northern Ireland) 1998
This Order brings into operation various aspects of the 1998 Order including Schedules 1, 2 and 3 at the respective times of 8th August 1998, 1st October 1998 and 1st January 1999.
No 93 The Shared Parental Leave Regulations (Northern Ireland) 2015
These Regulations come into operation on 15/3/15 and by way of summary the Shared Parental Leave Regulations (Northern Ireland) 2015 (“the Leave Regulations”), in association with the Statutory Shared Parental Pay (General) Regulations (Northern Ireland) 2015 (“the Pay Regulations”) provide an entitlement for a mother/adopter and a child’s father/adoptive parent or a mother’s or adopter’s partner to take shared parental leave and pay.
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.
466 Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 1996
These Regulations came into operation as of 3rd November 1997 (with some exceptions) and amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (NI) 1996 in relation to: proceedings under Disability Discrimination Act, notice of appearance timescales, requirement for tribunals to give extended reason for decisions under the 1995 Act, procedures for appointment of expert for equal value cases and so on.
No. 323 The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2007
These Regulations, as of 31/7/07, replace the references to the previous 1985 EEC Regulation with those relating to the 2006 EC Regulation and make various technical amendments and provisions on previous omissions on matters such as types of vehicle covered and provisions for Industrial Tribunals to hear appeals against improvement notices as if they had been issued under the Health and Safety at Work (NI) Order 1978 (Art.26).
No 102 The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015
These Regulations, as of 15/3/15, modify the Statutory Shared Parental Pay (General) Regulations (Northern Ireland) 2015 in cases where a person has applied with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008. Under that section a court may make an order providing for a child of a surrogate mother to be treated as the child of the applicants for the order if certain conditions are satisfied.
No 97 The Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107G and 107I to Adoptions from Overseas) Regulations (Northern Ireland) 2015
These Regulations come into operation on 15/3/15 and essentially they modify existing powers to allow the making of regulations giving entitlement to shared parental leave to employees who are adopting from overseas. Such regulations are made separately.
No 156 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 (“the 1976 Order”) to give full effect in Northern Ireland to Articles 2(1)(b) (indirect discrimination) and 17(1) (Defence of rights) of Council Directive 2006/54/EC of 5th July 2006 (“the Directive”) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).
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.