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The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2022
General legislation for the provision of parental bereavement pay in Northern Ireland
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.
320 Race Relations (Interest on Awards) Order (Northern Ireland) 1997
This Order makes provision in relation to interest on awards and compensation orders in the context of race relations and it addresses issues such as day to day accrual, calculation, rule departure, written details and so on.
The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 3) Regulations (Northern Ireland) 2020
These Regulations make changes to the the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 to outline in section 3(5A), the "person" and adds in additional text act under 4(6) regarding advice from the PHA.
Flexible Futures 2024
The Labour Relations Agency, in partnership with Timely Careers, and supported by the Department for the Economy, will host #FlexibleFutures24, a conference examining the case for flexible working, on Thursday 14 March 2024 in Stranmillis College, Belfast.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. 141 The Disability Discrimination (Guidance On The Definition Of A Disability) (Appointed Day) Order (Northern Ireland) 2008
This Order appoints 21/4/08 as the day for the coming into operation of new guidance entitled “Guidance to be taken into account when determining questions in relation to the definition of disability” as issued in Northern Ireland by OFMDFM.
No. 520 The Civil Partnership Act 2004 (Amendment to Subordinate Legislation) Order (Northern Ireland) 2005
Although the main impact on Northern Ireland employment legislation in the area of civil partnership comes from the Civil Partnership Act (2004) (for example, Section 252 and Schedule 29) itself, the above Order addresses other changes in the employment sphere.
No 2397 The National Minimum Wage (Amendment) Regulations 2012
The Regulations amend the 1999 regulations primarily in relation to the national minimum wage rates.
6 Employment Rights (Increase of Limits) Order (Northern Ireland) 2000
This Order increases, as from 5/3/00, the limits applying to certain awards of industrial tribunals, and other amounts payable under employment legislation, as specified in the Schedule to the Order. (Increases reflect increases in Retail Price Index from Sept’97-Sept’99).