Employment Act (Northern Ireland) 2016

Variation in procedures for certain orders and regulations

24.—(1) Article 251 of the Employment Rights (Northern Ireland) Order 1996 (orders and regulations) is amended as follows.

(2) In paragraph (1), for “paragraph (1A)” substitute “paragraphs (1A), (1B) and (7)”.

(3) After paragraph (1A) insert—

“(1B) Subject to paragraph (1C), regulations under Article 59A or 67FA shall not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(1C) Paragraph (1B) does not apply to regulations under Article 67FA that contain only the provision mentioned in Article 67FA(2), (3) or (4).”.

(4) At the end of paragraph (3)(b) add “or an order under paragraph (1)(c) of that Article which falls within paragraph (5A)”.

(5) In paragraph (5A) for “under Article 85ZS(6) or 107AB(4)” substitute “to which this paragraph applies”.

(6) After paragraph (5A) insert—

“(5B) Paragraph (5A) applies to—

(a) an order under Article 67K(4), 85ZS(6) or 107AB(4);

(b) an order under Article 250(1)(c) which varies or excludes the operation of Article 124(3) or 140(1).”.

(7) After paragraph (6) add—

“(7) Regulations to which this paragraph applies shall not be subject to negative resolution but shall be subject to the confirmatory procedure.

(8) Paragraph (7) applies to regulations under this Order which—

(a) but for that paragraph would be subject to negative resolution; and

(b) are contained in a statutory rule which includes regulations subject to the confirmatory procedure.

(9) In this Article “the confirmatory procedure” means the procedure described in paragraph (1A).”.