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The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990


This is the original version (as it was originally made).

Removal of restrictions relating to employment of young persons

12.—(1) The following enactments, namely—

(a)the enactments listed in Part I of Schedule 3 (which impose prohibitions or requirements with respect to the hours of employment and holidays of young persons and with respect to related matters); and

(b)the enactments listed in Part II of that Schedule (which impose other prohibitions or requirements for, or in connection with, regulating the employment of young persons),

shall cease to have effect.

(2) The enactments mentioned in Part III of Schedule 3 shall have effect subject to the amendments there specified (which include amendments by virtue of which certain occupations, instead of being restricted to persons who are 16 or older, are restricted to persons over school-leaving age).

(3) If the Department considers it appropriate to do so, it may by order—

(a)repeal or amend any statutory provision in consequence of paragraph (1) or (2);

(b)repeal any statutory provision relating to the employment of persons, or any class of persons, who have not attained the age of 18 or (as the case may be) some specified lower age of not less than 16;

(c)amend any statutory provision falling within sub-paragraph (b) and framed by reference to a specified age expressed as a number of years so that it is instead framed by reference to school-leaving age;

(d)repeal any statutory provision appearing to the Department to be unnecessary in view of any other such provision, being a provision relating to the employment of persons under school-leaving age.

(4) Nothing in any order under paragraph (3) (apart from a repeal effected by virtue of sub-paragraph (d) of that paragraph) shall affect any statutory provision relating to the employment of persons under school-leaving age.

(5) Any reference in paragraph (3)(d) or (4) to a statutory provision relating to the employment of persons under school-leaving age shall be construed, in relation to a statutory provision which relates to both—

(a)the employment of such persons; and

(b)the employment of persons over that age,

as a reference to so much of that provision as relates to the employment of persons under that age.

(6) In this Article—

“school-leaving age” means the upper limit of compulsory school age for the purposes of the Education and Libraries (Northern Ireland) Order 1986(1); and

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954(2).

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