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106 Sex Discrimination (Complaints to Industrial Tribunals) (Armed Forces) Regulations (Northern Ireland) 1998
These Regulations (effective as of 17 April 1998) detail when an individual can bring a complaint to an Industrial Tribunal in respect of service with the armed forces.
173 Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996
These Regulations revoke and replace the existing regulations on rules of procedure for Industrial Tribunals and include: rules applicable to all proceedings before an Industrial Tribunal, rules regarding ‘equal value’ claims, levy appeal rules, rules on appeals against improvement/prohibition notices, rules on appeals against non-discrimination notices, rules regarding £150 deposit in pre-hearing reviews, reporting restriction rules, orders for costs (specified instances) and so on.
105 Equal Pay (Complaints to Industrial Tribunal) (Armed Forces) Regulations (Northern Ireland) 1998
These Regulations (effective as of 17th April 1998) detail when an individual can bring a complaint to an Industrial Tribunal in respect of service with the armed forces.
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 266 The Working Time (Amendment) Regulations (Northern Ireland) 2009
These Regulations amend the Working Time Regulations by continuing to phase in the reduction in the maximum number of hours (subject to individual opt out) that doctors in training are required to work.
No 897 The Statutory Sick Pay Percentage Threshold (Revocation, Transitional and Savings Provisions ) (Great Britain and Northern Ireland) Order 2014
This Order comes into operation on 6/4/14 by effectively abolishing the Percentage Threshold Scheme (PTS) which allowed employers to claim reimbursement of their costs when the amount of Statutory Sick Pay (SSP) paid exceeded 13% of their National Insurance contribution liability to Her Majesty's Revenue and Customs (HMRC).
386 Working Time Regulations (Northern Ireland) 1998
The Regulations implement a European Directive relevant to working time which cover an array of matters including the following: maximum average weekly working time, average normal hours of night workers, health assessments for night workers, rest breaks, records, weekly rest, paid annual leave, exemptions, right to take a claim to Industrial Tribunals 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.
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.
137 Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996
These Regulations replace the existing provisions which were derived from the 1973 Regulations.