Search Results
The Statutory Parental Bereavement Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2022
These Regulations relate to the treatment under Part 12ZD of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 of persons abroad, persons who work as mariners and persons who work on the continental shelf. The effect is that certain persons who would otherwise not fulfil the qualifying conditions for entitlement to statutory parental bereavement pay because of the nature of their employment or the fact that they are outside the United Kingdom will have an entitlement to such pay.
Regulation 4 limits the application of the Regulations to cases where the person would be treated as an employee under Part 12ZD of the Act if the employment were in Northern Ireland.
Regulation 5 provides for a person who is absent from Northern Ireland but in respect of whom an employer has secondary Class 1 national insurance contribution liability to be treated as an employee for the purposes of the Part 12ZD.
Regulation 6 relaxes any time limit imposed by Part 12ZD of the Act or regulations made under it in relation to a person who cannot comply with the time limit because that person is outside the United Kingdom.
Regulation 7 treats certain classes of mariners as employees for the purposes of Part 12ZD and regulation 8 makes corresponding provision for persons working on the continental shelf
No 1088 The Transnational Information and Consultation of Employees (Amendment) Regulations 2010
These Regulations were laid before Parliament on 6/4/10 and come into operation on 5/6/11 and essentially they amend the 1999 Regulations which made provision for the establishment of European Works Councils for organisations that met the requisite criteria in terms of size and presence for Community-scale undertakings.
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 161 The Industrial Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 150) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 376 and S.R. 2005 No. 578.
No 160 The Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2011.
These Regulations amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 150) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 376 and S.R. 2005 No. 578.
No 229 The Rules of the Court of Judicature (Northern Ireland) (Amendment No. 3) 2011
These Rules amend the Rules of the Court of Judicature (Northern Ireland) to provide for the award of penalties by the High Court under the Transnational Information and Consultation of Employees Regulations 1999 (S.I 1999/3323), in consequence of amendments made by the Transnational Information and Consultation of Employees (Amendment) Regulations 2010 which came into effect on 5/6/11.
No 162 The Fair Employment Tribunal (Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2011
These Regulations amend the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 151) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 579.
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 27 The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2014
On 14/4/14 this Order comes into operation and amongst other things it amends the Rehabilitation of Offenders (Exceptions) Order 1979 (“the 1979 Order”)
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.