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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.
The Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week's Pay) Regulations (Northern Ireland) 2020 SR 2020 No. 178
This Statutory Rule ensures that various statutory entitlements based on a week's pay and connected with termination of employment are not reduced as a result of an employee being furloughed under the Coronavirus Job Retention Scheme (CJRS).
1 (1) The Disability Discrimination Act (1995) (Commencement No. 1)(Northern Ireland) 1996
This Order stipulates 2nd January 1996 as the date whereupon sections 50, 51 and 52 of, and schedule 5 to, as modified by Schedule 8 of the DDA 1995 which deals with the establishment of the NI Disability Council.
No 86 The Work and Families Act (Northern Ireland) 2015 (Commencement, Transitional Provisions and Savings) Order (Northern Ireland) 2015
These Regulations were made on 2/3/15 and provide for The Department for Employment and Learning in exercising their powers under the Work and Families Act (NI) 2015 to detail which components of the legislation will commence on 15/3/15 for the purposes of making regulations and enabling the parents of children expected to be born or placed for adoption from 5/4/15 to avail of shared parental leave and pay and associated entitlements for working parents (see Statutory Rules below – eg SR’s 95-103).
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.
No 85 The Employers Liability (Compulsory Insurance) (Amendment) Regulations (Northern Ireland) 2009
These Regulations (from 1/4/09) amend the 1999 Regulations of the same name and detail things such as amendments and additions to the list of bodies exempted under the Regulations.
No. 78 The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order (Northern Ireland) 2010
These Rules revoke the previous provisions from 1992 and the subsequent amendments in 2003. These Rules amend provisions of the 1995 Trade Union and Labour Relations (NI) Order regarding certain trade union related ballots being supervised (as arranged by the trade union) by a qualified independent person (Scrutineer).
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.