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The Employment Rights (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

National security

238.—(1) The provisions of this Order to which this Article applies do not have effect in relation to any Crown employment in respect of which there is in force a certificate issued by or on behalf of the Secretary of State certifying that employment of a description specified in the certificate, or the employment of a particular person so specified, is (or, at a time specified in the certificate, was) required to be excepted from those provisions for the purpose of safeguarding national security.

(2) This Article applies to—

(a)Part II,

(b)Part III, so far as it relates to itemised pay statements,

(c)Part V,

(d)Chapter II of Part VI;

(e)in Part VII, Articles 78 to 82 and 92 to 95;

(f)in Part VIII, Articles 96 and 97, and Articles 101 and 102 so far as relating to those Articles,

(g)in Part X, Articles 124 and 125, except where they apply by virtue of Article 124(4),

(h)Part XI, except so far as relating to a dismissal which is treated as unfair—

(i)by Article 131(1) to (3), 132 or 134, or

(ii)by paragraph (1) of Article 137 by reason of the application of paragraph (2), (3) or (5) of that Article, and

(i)Part I, this Part and Part XVI (so far as relating to any of the provisions specified in sub-paragraphs (a) to (h)).

(3) Any document purporting to be a certificate issued as mentioned in paragraph (1)—

(a)shall be received in evidence, and

(b)unless the contrary is proved, shall be deemed to be such a certificate.

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