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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. 208 Code of Practice (Access to Workers during Recognition and De-recognition Ballots) (Appointed day) Order (Northern Ireland) 2001
This Order brings into operation, as of 17/6/01, the Code of Practice on Access to workers during Recognition and Derecognition Ballots which is admissible in evidence in any proceedings before a Court, Industrial Tribunal, Industrial Court and these bodies will be able to take into account any part of the Code that is deemed relevant.
The Industrial Tribunals (1996 Order) (Application of Conciliation Provisions) Order (Northern Ireland) 2020
This Order amends Article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996. Article 20(1) lists the proceedings which are “relevant proceedings” for the purposes of Early Conciliation and other conciliation services provided by the Labour Relations Agency. The amendments made by this Order update the list of jurisdictions in Article 20(1).
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 237 The Industrial Court (Membership) Regulations (Northern Ireland) 2011
These Regulations, which come into operation on 31/7/11, specify the arrangements in relation to the appointment of members of the Court and their terms of appointment.
261 Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2000
These Regulations amend the 1996 Regulations of the same name in relation to the amount of information to be placed by the Secretary in the Register in relation to applications and appeals.
No.47 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2008
This Order, increases as of 2/3/08, the limits applying to certain awards of Industrial Tribunals, and other amounts payable under employment legislation.
No 81 The Employment Rights (Increase of Limits) Order (Northern Ireland) 2012
This Order increases, from 4/3/12, the limits applying to certain awards of Industrial Tribunals and other amounts payable under employment legislation as specified in the Schedule to the Order.
No 30 The Employment Rights (Increase in Limits) Order (Northern Ireland) 2011
This Order increases, from 13/2/11, the limits applying to certain awards of Industrial Tribunals and other amounts payable under employment legislation as specified in the Schedule to the Order.
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.