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The Wages (Northern Ireland) Order 1988

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General saving for accrued rights and related provisions of 1982 Order

6.—(1) The repeal of the 1982 Order by this Order shall not affect—

(a)any right of a worker arising out of the payment to him of an amount of remuneration less than that fixed by any order under Article 10 of the 1982 Order or any permit under Article 12(1) of that Order;

(b)any right of a worker to any holidays or to any holiday remuneration in respect of those holidays, which accrued before the commencement date.

(2) Nothing in paragraph 3(5) shall affect any such right of a worker as is mentioned in sub-paragraph (1)(a) or (b) which accrued before the commencement date.

(3) The repeal of the 1982 Order by this Order shall not affect any liability of an employer or other person in respect of any offence under the 1982 Order committed before the commencement date.

(4) The fact that an order under Article 10 of the 1982 Order has ceased to have effect under paragraph 3(2), (3) or (4) shall not affect any such right of a worker as is mentioned in sub-paragraph (1)(a) or (b) which accrued before the date on which that order ceased to have effect.

(5) Subject to sub-paragraph (7), the provisions of the 1982 Order relating to the enforcement of any right referred to in sub-paragraph (1), (2) or (4) or to any offence referred to in sub-paragraph (3) shall continue to have effect as if this Order had not been made.

(6) Where at any time after the commencement date any order made under Article 10 of the 1982 Order continues in force by virtue of paragraph 3(2), then, notwithstanding the repeal of that Order by this Order—

(a)that Order, and

(b)anything having effect under that Order in relation to the order, shall, subject to sub-paragraph (7), continue to have effect in relation to the order, as for the time being in force in accordance with paragraph 3(4) and (5), as if that repeal had not come into operation.

(7) Where the 1982 Order continues to have effect in accordance with sub-paragraph (5) or (6) it shall, in relation to any time after the commence-ment date, have effect as if references to an officer acting for the purposes of parts III and IV of that Order were references to an officer acting for the purposes of part III of this Order.

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