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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 Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020
These Regulations and Rules of Procedure establish requirements in relation to proceedings before industrial tribunals (ITs) and the Fair Employment Tribunal (FET). They revoke and replace earlier regulations and rules which separately dealt with these tribunals. The 2020 Regulations provide a revised and consolidated text for the rules and procedures of the industrial tribunals and the Fair Employment Tribunal while simplifying language and structure, being consistent with better regulation principles. The 2020 Regulations also take account of the introduction of Early Conciliation; in particular setting out the implications arising from the adherence, or non-adherence, to the requirements of Early Conciliation.
No.395 Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005
These Regulations revolve the 1982 Regulations of the same name Associated Regulations.
475 Employment Rights (1996 Order) (Residuary Commencement No. 1) Order (Northern Ireland) 1996
This Order provides for various Articles with the Employment Rights (Northern Ireland) Order 1996 relating to employment rights of trustees of occupational pension schemes and associated amendments.
51 Employer’s Liability (Compulsory Insurance) Exemption (Amendment) Regulations (Northern Ireland) 1997
These Regulations amend the 1975 Regulations of the same name by adding to the list of exempted organisations to include any Education and Library Board established under Article 3 of the Education and Libraries (NI) Order 1986.
391 Disability Discrimination (Exemption for Small Employers) Order (Northern Ireland) 1998
This Order lowers the small employer exemption threshold (available under Section 7 (1)) from 20 employees to 15 employees.
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. 135 Maternity and Parental Leave etc (Amendment No.2) Regulations (Northern Ireland) 2002
These Regulations correct a previous error by enabling those parents who qualify to be able to rely on a period of service with a previous employer to be taken into consideration regarding the one year qualification requirement.
569 The Statutory Sick Pay (General) (amendment) Regulations (Northern Ireland) 1996
These Regulations amend the 1982 Regulations of the same name and address matters such as: records to be maintained by the employer and provisions for monies that exceed SSP in relation to record keeping.
206 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 1996
These Regulations amend the 1987 Regulations of the same name and address issues such as: calculation of normal weekly sum to incorporate backdated pay increases received after that date, employer liability to pay amounts in excess of rate of maternity allowance received and so on.