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196 (C.18) The Disability Discrimination Act 1995 (Commencement No. 6) Order (Northern Ireland) 1999
This Order provides for the implementation of further components of the 1995 Act, specifically sections: 19(1) (6), 20 (2), (5), (9) and 21 (1), 2 (d), (4), (6) and (10) which relate to the duty on providers of service to make adjustments.
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.
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.470 (C.29) The Disability Discrimination (2006) Order (Commencement No.2) Order (Northern Ireland) 2006
This Order continues to introduce ( as of 1/1/07) some components of the 2006 Order which is being phased in during the first half of 2007.
557 Disability Discrimination (Services and Premises) Regulations (Northern Ireland) 1996
These Regulations address many issues including the following matter: ‘justified’ treatment, insurance, premises, deposit refunds, entering agreements where the disabled person is acting through an agent.
561 The Disability Discrimination Code of Practice (Goods, Facilities, services and Premises) Order (Northern Ireland) 1996
This Order stipulates 2nd December 1996 as the date when the Code of Practice on the Rights of Access to Goods, Facilities, Services and Premises comes into force.
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.
280 (13) The Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996
This Order stipulates 11th July 1996 as the day in which further components of the 1995 Act come into operation of a Code of Practice relating to help for persons suffering discrimination, and on 2nd December 1996 provides for: discrimination against applicants and employees, meaning of discrimination, duty of employer to make adjustments, small business exemption, enforcement, remedies, discriminatory adverts, discrimination against contract workers, discrimination by trade organisations (as defined), alterations to premises under lease, discrimination in relation to goods, facilities and services, small dwelling exemptions, victimisation, aiding unlawful acts, liability of employers and so on.
No. 470 The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007
This Order prescribes, as of 31/12/07, the forms for questions and replies under Part 3 of the Act, cases other than employment and education, other than employment services and aspects of group insurance.
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