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No 191 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016
The Statutory Rule comes into operation on 2/5/16 and amends the Sex Discrimination (Northern Ireland) Order 1976 (the "1976 Order") to comply with EU Pilot file 4853/13/JUST concerning the transposition of Council Directive 2006/54/EC in Northern Ireland ("the Recast Directive").
Legislation
Welcome to the Labour Relations Agency’s employment legislation link pages. We have attempted to collate all relevant employment legislation (Primary and Secondary) on these pages for our users’ ease of reference. Essentially users will get a brief summary of the content of the legislation and then a link to the www.legislation.gov.uk website delivered by the National Archives via www.nationalarchives.gov.uk.
No 213 The Time Off to Attend Adoption Appointments (Prospective Adopters) Regulations (Northern Ireland) 2015
These Regulations come into operation on 5/4/15 and essentially they establish conditions under which approved foster parents who are approved prospective adopters can access these rights, and provide that Articles 85ZJ, 85ZL, 85ZN and 85ZP are to be read as referring to 'fostering for adoption' arrangements.
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.
No 145 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2015
The Regulations, from 6/4/15, amend the Sex Discrimination (Northern Ireland) Order1976 to comply with an EU Pilot investigation concerning the transposition of Council Directive 2004/113/EC 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.498 Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) Regulations (Northern Ireland) 2003
These Regulations make special provisions in relation to interest on awards and compensation orders made by industrial tribunals under the Employment Equality (Sexual Orientation) Regulations (NI) 2003.
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 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.