The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 No. 537

SCHEDULE N.I. AMENDMENTS TO EMPLOYMENT RIGHTS LEGISLATION EXTENDING TO NORTHERN IRELAND

PART 2 N.I. SECONDARY LEGISLATION

Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002 N.I.

5.—(1) The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002 M1 are amended as follows.

(2) In regulation 3 (treatment of persons in other EEA States as employees)—

(a) in the heading omit “other”;

(b) in sub-paragraph (a) omit the words “other than the United Kingdom”;

(c) in sub-paragraph (b) after “1408/71” insert “ as amended from time to time or Regulation (EC) No 883/2004 M2 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems ”.

(3) In regulation 5 (entitlement to statutory paternity pay where person has worked in an EEA State)—

(a) in paragraph (1)—

(i) in sub-paragraph (b) for “another” substitute “ an ”;

(ii) after sub-paragraph (b) for “the other EEA” substitute “ the EEA ”;

(b) in paragraph (2)—

(i) in sub-paragraph (b) for “another” substitute “ an ”;

(ii) after sub-paragraph (b) for “the other EEA” substitute “ the EEA ”.

(4) In regulation 6 (entitlement to statutory adoption pay where person has worked in an EEA State)—

(a) in sub-paragraph (b) for “another” substitute “ an ”;

(b) after sub-paragraph (b) for “the other EEA” substitute “ the EEA ”.

Commencement Information

I1 Sch. para. 5(2)(c) in force at 5.3.2019, see reg. 1(2)(b)(i)

I2 Sch. paras. 5(1)(2)(a)(2)(b)(3)(4) in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 S.R.(N.I.) 2002 No. 382; relevant amendments are S.R.(N.I.) 2010 No. 306 and S.R.(N.I.) 2015 No. 146.

M2 Regulation (EC) 883/2004, of 29 April 2004, of the European Parliament and of the Council on the coordination of social security systems O.J. No. L166, 30.4.04, p.1-123.

Prospective

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 N.I.

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. Pt. 2 para. 6 revoked (27.1.2020) by The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 (S.R. 2020/3), reg. 1(2), Sch. 4 Pt. 1 (with reg. 18)

Prospective

The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 N.I.

F2 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. Pt. 2 para. 7 revoked (27.1.2020) by The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 (S.R. 2020/3), reg. 1(2), Sch. 4 Pt. 1 (with reg. 18)

The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2015 N.I.

8.—(1) The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2015 M3 are amended as follows.

(2) In regulation 5 (treatment of persons in other EEA States as employees)—

(a) in the heading omit “other”;

(b) in sub-paragraph (a) omit “other than the United Kingdom”;

(c) in sub-paragraph (b) after “1408/71” insert “ as amended from time to time or Regulation (EC) 883/2004 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems ”.

(3) In regulation 7 (entitlement to statutory shared parental pay where person has worked in an EEA State)—

(a) in paragraph (1)—

(i) in sub-paragraph (c) for “another” substitute “ an ”;

(ii) after sub-paragraph (c) for “the other EEA” substitute “ the EEA ”;

(b) in paragraph (2)—

(i) in sub-paragraph (c) for “another” substitute “ an ”;

(ii) after sub-paragraph (c) for “the other EEA” substitute “ the EEA ”.

(4) In Schedule 2 (adoptions from overseas) in paragraph 6(1), in the modified version of regulation 7(2)—

(a) in sub-paragraph (c) for “another” substitute “ an ”;

(b) after sub-paragraph (c) for “the other EEA” substitute “ the EEA ”.

Commencement Information

I3 Sch. para. 8(2)(c) in force at 5.3.2019, see reg. 1(2)(b)(ii)

I4 Sch. paras. 8(1)(2)(a)(2)(b)(3)(4) in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M3 S.R.(N.I.) 2015 No. 103.

The Working Time Regulations (Northern Ireland) 2016 N.I.

9.—(1) The Working Time Regulations (Northern Ireland) 2016 M4 are amended as follows.

(2) Regulation 22 (excluded sectors) is amended as follows—

(a) in paragraph (2) for sub-paragraph (b) substitute—

“(b) to workers to whom the Civil Aviation (Working Time) Regulations 2004 M5 apply.”;

(b) in paragraph (3) for the words from “Directive 2002/15/EC” to the end substitute “ the Road Transport (Working Time) Regulations (Northern Ireland) 2005 M6 apply ”.

Commencement Information

I5 Sch. para. 9 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M4 S.R.(N.I.) 2016 No. 49.

M5 S.I. 2004/756.

M6 S.R.(N.I.) 2005 No. 241; amended by S.R.(N.I.) 2007 No. 323 and S.R.(N.I.) 2012 No. 169.

The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016 N.I.

10.—(1) The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016 M7 are amended as follows.

(2) In regulation 3 (scope of application of Part 2)—

(a) in paragraph (2)—

(i) for the definition of “employer” substitute—

““employer” means a service provider established in the United Kingdom or a Member State which posts or hires out workers in a manner described by paragraph 3 of Article 1 of Directive 96/71/EC M8 ;”;

(ii) in the definition of “posted worker in the construction sector”, in sub-paragraph (a), omit “other than the United Kingdom”.

(b) after paragraph (2) insert—

“(3) For the purposes of the definition of “employer” in paragraph (2), paragraph 3 of Article 1 of Directive 96/71/EC is to be read as if—

(a) in point (a)—

(i) after “post workers to” there were inserted “ the United Kingdom or ”;

(ii) after “operating in” there were inserted “ the United Kingdom or ”;

(b) in point (b), after “by the group in” there were inserted “ the United Kingdom or ”;

(c) in point (c), after “operating in” there were inserted “ the United Kingdom or ”.”

(3) In regulation 8 (cross-border enforcement of financial administrative penalties and fines) omit “other than the United Kingdom” in each place it occurs.

Commencement Information

I6 Sch. para. 10 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M7 S.R.(N.I.) 2016 No. 242.

M8 O.J. No. L18, 21.1.1997, p.1.

[F3 The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 N.I.

10A.   In Schedule 1 (Industrial Tribunals and Fair Employment Tribunal Rules of Procedure 2020) to the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 omit rule 97 (references to the Court of Justice of the European Union).]

Textual Amendments

F3 Sch. Pt. 2 para. 10A inserted (27.1.2020) by The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 (S.R. 2020/3), reg. 1(2), Sch. 4 Pt. 2 para. 13 (with reg. 18)