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

SCHEDULES

Article 6.

SCHEDULE 1 PROVISIONS CONCERNED WITH PROTECTION OF WOMEN AT WORK

Enactments

• Sections 73, 85, 126 and 129 of the Factories Act (Northern Ireland) 1965(1).

Statutory instruments

• Regulation 3 of the Regulations dated 21st January 1907(2) (Manufacture of paints and colours).

• Regulation 10 of the Regulations dated 12th August 1911(3) (Smelting of materials containing lead, the manufacture of red or orange lead, and the manufacture of flaked litharge).

• Regulation 1(a)(i), (ii), (iv) and (vi) to (viii) of the Regulations dated 2nd January 1913(4) (Manufacture and decoration of pottery).

• Regulation 1 of the Indiarubber Regulations 1922(5).

• Regulation 5(2) of the Electric Accumulator Special Regulations (Northern Ireland) 1945(6).

• Parts IV and V of Schedule 1 to the Ionising Radiations Regulations (Northern Ireland) 1985(7).

• Article 20(8) of the Air Navigation Order 1985(8) so far as relating to pregnancy.

Other instruments

• Paragraph 118 of the Approved Code of Practice relating to the Control of Lead at Work Regulations (Northern Ireland) 1986(9) (approved under Article 18 of the Health and Safety at Work (Northern Ireland) Order 1978(10)).

• The following provisions of the medical standards contained in Merchant Shipping Notice No. M 1331 (issued for the purposes of Regulation 7 of the Merchant Shipping (Medical Examination) Regulations 1983(11)), namely—

  (a)

  Part X so far as relating to gynaecological conditions; and

  (b)

  Part XI.

Article 11.

SCHEDULE 2 REVOCATION, ETC. OF INSTRUMENTS REQUIRING DIFFERENT TREATMENT OF CERTAIN EMPLOYEES

PART I PROVISIONS REVOKED

• Regulation 1(c), (d), (e) and (m) of the Regulations dated 2nd January 1913(12) (Manufacture and decoration of pottery).

• Article 2 of the Order dated 5th October 1917(13) (Tin or terne plate factories).

PART II AMENDMENTS

• In Regulation 4(b) of the Regulations dated 17th October 1905(14) (Spinning by self-acting mules) omit “woman, young person, or”.1913/2

• In the Regulations dated 2nd January 1913 (Manufacture and decoration of pottery)—

  (a)

  in Regulation 11(o) omit the words from “provided” onwards; and

  (b)

  in Regulation 12(c) and (d) omit the words “by an adult male”.

• In each of the following provisions, namely—

  (a)

  Regulation 5(c) of the Coal and Other Mines (Sanitary Conveniences) Regulations (Northern Ireland) 1970(15); and

  (b)

  Regulation 73(b) of the Miscellaneous Mines (General) Regulations (Northern Ireland) 1970(16),

  for “sanitary convenience provided at the mine for the use of females” substitute “water closet provided at the mine above ground”.

Article 12.

SCHEDULE 3 REMOVAL OF RESTRICTIONS RELATING TO EMPLOYMENT OF YOUNG PERSONS

PART I REPEALS RELATING TO RESTRICTIONS WITH RESPECT TO HOURS OF EMPLOYMENT AND HOLIDAYS

• Sections 25 to 30 of the Shops Act (Northern Ireland) 1946(17) (special provisions as to employment of young persons).

• The following provisions of the Factories Act (Northern Ireland) 1965(18)—

  • sections 86 to 94 (hours of employment and holidays of young persons);

  • sections 96 to 108 and 110 to 113 (suspension of, and exceptions from, provisions as to hours of employment, etc.);

  • section 114 (regulation of employment of young persons in certain occupations);

  • section 138(1)(d) (posting of notices); and

  • section 140(1)(d) (general registers).

• Section 109 of the Mines Act (Northern Ireland) 1969(19) (hours of work and periods of employment).

• Article 13 of the Quarries (Northern Ireland) Order 1983(20) (regulation of hours of employment and holidays).

PART II REPEALS RELATING TO OTHER REQUIREMENTS

• The following provisions of the Factories Act (Northern Ireland) 1965—

  • section 12(1)(a)(iii) (power to require medical supervision);

  • section 72(1) (prohibition of employment of female young persons where certain processes are carried on); and

  • section 117A (duty of factory occupier to give notice of employment of young persons).

• Section 38(2) of the Children and Young Persons Act (Northern Ireland) 1968(21) (street trading).

• The following provisions of the Mines Act (Northern Ireland) 1969 [1969 c. 6 (N.I.)]—

  • section 106(2) (restriction on male young persons being employed below ground);

  • section 108 (training); and

  • section 110 (register of young persons employed).

• Article 15(1)(a) of the Quarries (Northern Ireland) Order 1983 [1983 NI 4] (register of young persons employed).

PART III AMENDMENT OF CERTAIN AGE LIMITS

Factories Act (Northern Ireland) 1965 (c. 20)

• In section 115(1) (exemptions from provisions regulating hours of employment), for “of or over the age of sixteen” substitute “(other than children)”.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

• In section 39(2) (penalties and legal proceedings in respect of general provisions as to employment) for “person under the age of eighteen” substitute “child”.

• In section 40 (restriction on persons under 16 taking part in public performances)—

  (a)

  in subsections (1), (3) and (4) for “person under the age of sixteen” substitute “child”;

  (b)

  in subsections (2), (5)(b) and (6) for “person” wherever it occurs substitute “child”;

  (c)

  in subsection (3) for “person's” substitute “child's” and for “persons under the age of sixteen” substitute “children”.

• In section 41 (supplementary provisions as to licences under section 40)—

  (a)

  in subsections (3) and (7)(a) for “person under the age of sixteen” substitute “child”;

  (b)

  in subsection (9) for “person” substitute “child”.

• In section 42 (prohibition on persons under 16 taking part in performances endangering life and limb)—

  (a)

  for “person under the age of sixteen” substitute “child”; and

  (b)

  for “such a person” substitute “a child”.

• In section 43 (restrictions on training for performances of a dangerous nature)—

  (a)

  in subsection (1)—

  (i)

  for “person” in the first place where it occurs, substitute “child”; and

  (ii)

  for “person under the age of sixteen” substitute “child who has attained that age”; and

  (b)

  in subsection (2), for “person who has attained the age of twelve but is under the age of sixteen” substitute “child who has attained the age of twelve”;

  (c)

  in subsections (3), (4) and (6)(a) for “person” wherever it occurs substitute “child”.

• In section 45(1) and (2)(b) (powers of entry) for “person” wherever it occurs substitute “child”.

Article 19(1).

SCHEDULE 4 MINOR AND CONSEQUENTIAL AMENDMENTS

Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (c. 19)

1.—(1) Section 42 (payments out of Redundancy Fund to employees) shall be amended as follows.

(2) After subsection (1) insert—

“(1A) In this Act “employer’s payment”, in relation to an employee, means—

(a) a redundancy payment which his employer is liable to pay to him under Part II; or

(b) a payment which his employer is, under an agreement in respect of which an order is in force under section 21, liable to make to him on the termination of his contract of employment.

(1B) In relation to a case where, under section 14, 20 or 47, an industrial tribunal determines that an employer is liable to pay only part of a redundancy payment, the reference in subsection (1A)(a) to a redundancy payment shall be construed as a reference to that part of the redundancy payment.”.

(3) In subsection (2), for “section 40(1)” substitute “subsection (1A)”.

(4) Omit subsection (4).

2.  For section 44 substitute—

“44.    References to tribunal relating to payments out of fund.

(1) Where on an application to the Department for a payment under section 42 it is claimed that an employer is liable to pay an employer’s payment, there shall be referred to an industrial tribunal—

(a) any question as to the liability of the employer to pay the employer’s payment; and

(b) any question as to the amount of the sum payable in accordance with Schedule 7.

(2) For the purposes of any reference under this section an employee who has been dismissed by his employer shall, unless the contrary is proved, be presumed to have been so dismissed by reason of redundancy.”.

3.  For section 46(4) (meaning of employer’s payment) substitute—

“(4) In this Part “employer’s payment” has the meaning given by section 42(1A) and (1B).”.

4.—(1) Schedule 7 (calculation of payments out of Redundancy Fund) shall be amended as follows.

(2) In paragraph 1(2), for “section 40(5)” substitute “section 42(1B)”.

(3) For paragraph 2 substitute—

“2.— (1) Where the employer’s payment is not a redundancy payment or part of a redundancy payment, the sum referred to in section 42(2) is a sum equal to—

(a) the amount of the employer’s payment, or

(b) the amount of the relevant redundancy payment,

whichever is less.

(2) The reference in sub-paragraph (1)(b) to the amount of the relevant redundancy payment is a reference to the amount of the redundancy payment which the employer would have been liable to pay to the employee if—

(a) the order in force in respect of the agreement as mentioned in section 42(1A)(b) had not been made;

(b) the circumstances in which the employer’s payment is payable had been such that the employer was liable to pay a redundancy payment to the employee in those circumstances;

(c) the relevant date, in relation to any such redundancy payment, had been the date on which the termination of the employee’s contract of employment is treated for the purposes of the agreement as having taken effect; and

(d) in so far as the provisions of the agreement which relate to the following matters, that is to say—

(i) the circumstances in which the continuity of an employee’s period of employment is to be treated as broken, and

(ii) the weeks which are to count in computing a period of employment,

are inconsistent with the provisions of Schedule 1 as to those matters, those provisions of the agreement were substituted for those provisions of that Schedule.

(3) In sub-paragraph (2) “the agreement” means the agreement falling within section 42(1A)(b) by reference to which the employer’s payment is payable.”.

Factories Act (Northern Ireland) 1965 (c. 20)

5.—(1) In sections 123(2)(aa) and (3)(b), 124(2)(aa) and 125(2)(aa) for “sections 10A and 117A” substitute “section 10A”.

(2) In section 176(5) (application of provisions of Act to young persons employed outside factories) for the words from “the provisions” to “expressly provided” substitute “section 117 shall not apply”.

Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

6.  In paragraph 16A(1) of Schedule 1 (discrimination required by public entertainment licences)—

(a) at the beginning insert “Without prejudice to the generality of Article 3(1) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990,”; and

(b) omit the words from “, apart from” to “authority),”.

Article 19(2).

SCHEDULE 5 REPEALS

PART I REPEALS COMING INTO OPERATION TWO MONTHS AFTER ORDER IS MADE

Chapter or Number	Short Title	Extent of Repeal
1946 c. 7 (N.I.).	The Shops Act (Northern Ireland) 1946.	In section 16(1) the words “Subject to the provisions of this Part of this Act regarding the employment of young persons”.In section 16(2) the words “, not being a young person,”.In section 18(1) the words “Subject to the provisions of this Part of this Act regarding the employment of young persons,”.Sections 25 to 30.In section 34(4) the words “, other than the provisions of sub-sections (5) and (6) of section twenty-five of this Act,”.In section 36(1)(a) the words “or young person”.Section 38(2).In section 41(1) the definition of “young person”.
1965 c. 19 (N.I.).	The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965.	Sections 40 and 40A.Section 42(4).Section 57(2A) and (2B).Schedule 6.In Schedule 8 the entry relating to section 40.
1965 c. 20 (N.I.).	The Factories Act (Northern Ireland) 1965.	Section 12(1)(a)(iii).In section 21 the words “woman or”, in both places where they occur.Section 72(1).Sections 86 to 94.Sections 96 to 108.Sections 110 to 114.Section 115(1)(a).Section 119(1)(f) (except the final “and”) and (5).Section 124(2)(f).Section 138(1)(d).Section 140(1)(d).In section 176(4) the words from “except that” onwards.
1966 c. 26 (N.I.).	The Office and Shop Premises Act (Northern Ireland) 1966.	In section 17, subsection (3), in subsection (4) the words from “, except when any” onwards, and subsection (5).
1968 c. 34 (N.I.).	The Children and Young Persons Act (Northern Ireland) 1968.	Section 38(2).In section 39(1) the words “or young person”.
1969 c. 4 (N.I.).	The Redundancy Rebates Act (Northern Ireland) 1969.	The whole Act.
1969 c. 6 (N.I.).	The Mines Act (Northern Ireland) 1969.	In sections 42(1), 43 and 44 the word “male” wherever occurring.In section 93 the words “woman or young”, in both places where they occur.Section 106(2).Sections 108 to 111.
1976 NI 15.	The Sex Discrimination (Northern Ireland) Order 1976.	In Article 10, paragraph (2)(f) and in paragraph (4) “, (f)”.In Article 80 “, 17(2)(c)”.
1976 NI 16.	The Industrial Relations (Northern Ireland) Order 1976.	In Part II of Schedule 5, paragraphs 26 and 27.
1977 c. 22.	The Redundancy Rebates Act 1977.	The whole Act.
1983 NI 4.	The Quarries (Northern Ireland) Order 1983.	In Article 12(2) the words “or rules made under Article 13”.Article 13.Article 15(1)(a).In Articles 20(1) and 22(2) the words “or of the rules made under Article 13”.
1984 NI 9.	The Industrial Training (Northern Ireland) Order 1984.	In Schedule 3, paragraph 7.
1985 NI 15.	The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985.	In paragraph 16A(1) of Schedule 1 the words from “apart from” to “authority),”.
1986 NI 16.	The Redundancy Rebates (Northern Ireland) Order 1986.	Article 3.Article 5(1).In Schedule 2, paragraph 1.
1987 NI 9.	The Industrial Relations (Northern Ireland) Order 1987.	In Schedule 2, paragraph 3(3).In Schedule 3, paragraph 4(11).
1988 NI 13.	The Sex Discrimination (Northern Ireland) Order 1988.	Article 12.

PART II REPEALS COMING INTO OPERATION ON A DAY APPOINTED UNDER ARTICLE 1(3)

Chapter or Number	Short Title	Extent of Repeal
1965 c. 20 (N.I.).	The Factories Act (Northern Ireland) 1965.	In section 115(1) the words from “any of the following” to “that is to say”, and paragraph (b) and the “(c)” immediately following it.Section 117A.
1969 c. 6 (N.I.).	The Mines Act (Northern Ireland) 1969.	Section 106(1).
1976 NI 15.	The Sex Discrimination (Northern Ireland) Order 1976.	Article 23(1).
1978 NI 9.	The Health and Safety at Work (Northern Ireland) Order 1978.	In Schedule 5, paragraph 7.

Article 19(3).

SCHEDULE 6 INSTRUMENTS REVOKED

Number	Title	Extent of Revocation
S.R. & O. 1905/1103.	Regulations dated 17th October 1905 (Spinning by self-acting mules).	In Regulation 4(b), the words “woman, young person, or”.
S.R. & O. 1913/2.	Regulations dated 2nd January 1913 (Manufacture and decoration of pottery).	In Regulation 1, paragraphs (c), (d), (e) and (m).In Regulation 11(o) the words from “provided” onwards.In Regulation 12(c) and (d) the words “by an adult male”.
S.R. & O. 1917/1035.	Order dated 5th October 1917 (Tin or terne plate factories).	Article 2.

Article 19(4).

SCHEDULE 7 TRANSITIONAL PROVISIONS AND SAVINGS

Sex discrimination

1.  Nothing in Article 5 shall render unlawful any act done by any person if—

(a) it was done before the coming into operation of that Article; or

(b) it was done before the coming into operation of Article 11(5) and it was necessary for him to do it in order to comply with section 106(1) of the Mines Act (Northern Ireland) 1969(22).

Redundancy payments: assimilation of age limits

2.—(1) The amendments made by Article 14 shall not have effect in relation to an employee in whose case the relevant date (as defined in sub-paragraph (2)) falls before the coming into operation of that Article.

(2) In sub-paragraph (1) “the relevant date” means the date which for the purposes of section 18(1) of the 1965 Act is the relevant date in the case of the employee by virtue of section 13(9) or (10), section 14(2) or section 16(2) of that Act.

Redundancy rebates

3.—(1) Nothing in this Order shall affect the continued operation of any provision of the 1965 Act for the purposes of, or in connection with, the payment of a redundancy rebate under section 40 of that Act in a case where—

(a) a claim for the rebate has been made in accordance with regulations under section 40(4) before the coming into operation of Article 15; or

(b) notwithstanding that such a claim has not been so made, the rebate is in respect of any payment falling within section 40(1)(a) or (b) in relation to which the relevant date (as defined in sub-paragraph (2)) falls before the coming into operation of Article 15.

(2) In sub-paragraph (1)(b) “the relevant date”—

(a) in the case of a payment falling within section 40(1)(a), means the date which for the purposes of section 18(1) of the 1965 Act is the relevant date in relation to that payment by virtue of section 13(9) or (10), section 14(2) or section 16(2) of that Act; and

(b) in the case of a payment falling within section 40(1)(b), means the date on which the termination of the employee’s contract of employment is treated as having taken effect for the purposes of the agreement referred to in that provision.

Insolvency payments

4.  The amendments made by Article 17 shall not have effect in relation to any payment made in pursuance of Article 42 or 43 of the Industrial Relations (Northern Ireland) Order 1976(23) in a case where the employer became insolvent before the coming into operation of Article 17.

(1)

S.R. & O. 1907/17

(2)

S.R. & O. 1911/752

(3)

S.R. & O. 1913/2

(4)

S.R. & O. 1922/329

(5)

S.R. & O. (N.I.) 1945 No. 41

(6)

S.R. 1985 No. 273

(7)

S.I. 1985/1643

(8)

S.R. 1986 No. 36

(9)

1978 NI 9

(10)

S.I. 1983/808

(11)

S.R. & O. 1913/2

(12)

S.R. & O. 1917/1035

(13)

S.R. & O. 1905/1103

(14)

S.R. & O.

(15)

S.R. & O. (N.I.) 1970 No. 136

(16)

S.R. & O. (N.I.) 1970 No. 104

(17)

1946 c. 7 (N.I.)

(18)

1965 c. 20 (N.I.)

(19)

1969 c. 6 (N.I.)

(20)

1983 NI 4

(21)

1968 c. 34 (N.I.)

(22)

1969 c. 6 (N.I.)

(23)

1976 NI 16