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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.
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 25 The Parental Leave (EU Directive) (Maternity and Parental Leave) Regulations (Northern Ireland) 2013
These Regulations implement Council Directive 2010/18/EU on the revised framework agreement on parental leave. They amend provisions relating to parental leave in the Maternity and Parental Leave.
No 277 The Additional Statutory Paternity Pay (General) (Amendment) Regulations Northern Ireland 2011
These Regulations, operational from 14/8/11, amend the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 (“the Principal Regulations”) to correct a drafting error in regulation 14 of those Regulations.
No 26 The Parental Leave (EU Directive) (Flexible Working) Regulations (Northern Ireland) 2013
These Regulations implement Council Directive 2010/18/EU on the revised framework agreement on parental leave. They amend provisions relating to parental leave in the Employment Rights (Northern Ireland) Order 1996.
No. 24 Employment Rights (Increase of limits) Order (Northern Ireland) 2002
This Order increases the limits (as of 10/3/02) applying to certain awards of Industrial Tribunals and other awards. Examples include: "capped" weeks pay £250, guaranteed payment £17.00, Unfair dismissal limit £52,600.
81 (C.10) Fair Employment and Treatment (1998 Order) (commencement No.1) Order (Northern Ireland) 1999
This order brings into operation all the provisions of the Fair Employment and Treatment (Northern Ireland) Order 1998, apart from Articles 80, 96 and 98.
No 318 Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2012
The Order comes into operation on 10 September 2012 with Article 2 of the 1979 Order providing exceptions to article 5(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (“the 1978 Order”) (questions which relate to spent convictions).
No 199 (C 12) The Employment Act (Northern Ireland) 2016 (Commencement No. 1) Order (Northern Ireland) 2017
This Commencement Order brings into effect in Northern Ireland, as of 1/10/17, reforms to the Public Interest Disclosure (commonly referred to as the Whistle-Blowing legislation) which have been implemented in Great Britain between 2013 and 2015.
No. 162 The Gangmasters Licensing (Exclusions) Regulations (Northern Ireland) 2010
These Regulations revoke and replace the 2006 Regulations which make provision for the circumstances when a licence to act as a Gangmaster (as per the parent legislation) is not required.