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The Industrial Tribunals (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 26.

SCHEDULE 1CONSEQUENTIAL AMENDMENTS

The Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1.  For section 42(5) substitute—

(5) In an enactment the expression “industrial tribunal” means a tribunal established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996.

The Superannuation (Miscellaneous Provisions) (Northern Ireland) Act 1969 (c. 7 (N.I.))

2.  In section 2(1)(b)(ii) for “Article 30 of the Industrial Training (Northern Ireland) Order 1984” substitute “Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

3.  In Part II of Schedule 1 for the words “A tribunal established under section 13 of the Industrial Training Act (Northern Ireland) 1964” substitute “A tribunal established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Fair Employment (Northern Ireland) Act 1976 (c. 25)

4.  In section 26(7) for “Paragraphs (3) to (6) of Article 61 of the Industrial Relations (Northern Ireland) Order 1976” substitute “Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)

5.—(1) In Article 75(5)(b) for “regulations made under Article 59 of the Industrial Relations (Northern Ireland) Order 1976” substitute “industrial tribunal procedure regulations under the Industrial Tribunals (Northern Ireland) Order 1996”.

(2) In Article 77(4)(a) for the words from “the assistance of” to the end substitute “the assistance of the Labour Relations Agency”.

The Aircraft and Shipbuilding Industries Act 1977 (c. 3)

6.  In sections 49(10) and 50(3)(b) for “Article 30 of the Industrial Training (Northern Ireland) Order 1984” substitute “Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Fair Employment (Northern Ireland) Act 1989 (c. 32)

7.—(1) In section 6(3)(b) for “Article 29(2) of the Industrial Relations (Northern Ireland) Order 1976” substitute “Article 11(5) of the Industrial Tribunals (Northern Ireland) Order 1996”.

(2) In section 6(3)(c) for “Article 61 of the Industrial Relations (Northern Ireland) Order 1976” substitute “Articles 16 and 17 of the Industrial Tribunals (Northern Ireland) Order 1996”.

(2) In section 6(3)(d) for “Article 31 of the Industrial Training (Northern Ireland) Order 1984” substitute “Article 22 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

8.  In section 56(4) for “Article 72(1) of the Industrial Relations (Northern Ireland) Order 1976” substitute “Article 18 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Judicial Pensions and Retirement Act 1993 (c. 8)

9.  In the following provisions, namely—

(a)in Schedule 1, in Part II, in the entry relating to the office of chairman of industrial tribunals or of the Fair Employment Tribunal;

(b)in Schedule 5, in the entry relating to the chairman of industrial tribunals in Northern Ireland, and

(c)in Schedule 7, in paragraph 5(2)(h) and (5)(viii),

for “Article 30 of the Industrial Training (Northern Ireland) Order 1984” substitute “Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Pension Schemes (Northern Ireland) Act 1993 (c. 49)

10.  In section 176(1) in the definition of “industrial tribunal” for “Article 30 of the Industrial Training (Northern Ireland) Order 1984” substitute “Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12)

11.  In Article 146(2) for “Article 62(2) to (5) of the No. 1 Order” substitute “Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Disability Discrimination Act 1995 (c. 50)

12.  In Schedule 8, in paragraph 5(2) for “Article 61(3) of the Industrial Relations (Northern Ireland) Order 1976” substitute “Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996”.

The Ombudsman (Northern Ireland) Order 1996 (NI 8)

13.  In Schedule 3, in the entry relating to industrial tribunals, for “Article 30 of the Industrial Training (Northern Ireland) Order 1984” substitute “Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996”.

Article 27.

SCHEDULE 2TRANSITIONAL PROVISIONS, SAVINGS AND TRANSITORY PROVISIONS

PART ITRANSITIONAL PROVISIONS AND SAVINGS

1.  The substitution of this Order for the provisions repealed or revoked by this Order does not affect the continuity of the law.

2.  Anything done, or having effect as done, (including the making of subordinate legislation) under or for the purposes of any provision repealed or revoked by this Order has effect as if done under or for the purposes of any corresponding provision of this Order.

3.  Any reference (express or implied) in this Order or any other statutory provision, or in any instrument or document, to a provision of this Order is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes before the coming into operation of this Order a reference to the corresponding provision repealed or revoked by this Order.

4.—(1) Any reference (express or implied) in any statutory provision, or in any instrument or document, to a provision repealed or revoked by this Order is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes after the coming into operation of this Order a reference to the corresponding provision of this Order.

(2) In particular, where a power conferred by a statutory provision is expressed to be exercisable in relation to statutory provisions passed or made before the statutory provision conferring the power, the power is also exercisable in relation to provisions of this Order which reproduce such statutory provisions.

5.  Paragraphs 1 to 4 have effect in place of section 29 of the Interpretation Act (Northern Ireland) 1954 (but are without prejudice to any other provision of that Act).

PART IITRANSITORY PROVISIONS

Disability discrimination

6.—(1) If section 62 of the [1995 c. 50.] Disability Discrimination Act 1995 has not come into force before the coming into operation of this Order, this Order shall have effect with the omission of Article 14 until the relevant commencement date.

(2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—

(a)if an order has been made before the coming into operation of this Order appointing a date after that coming into operation as the day on which section 62 of the Disability Discrimination Act 1995 is to come into force, to the day so appointed, and

(b)otherwise, to such day as the Department may by order appoint.

(3) If paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995 has not come into force before the coming into operation of this Order, this Order shall have effect with the omission of Article 20(1)(a)(iii) until the relevant commencement date.

(4) The reference in sub-paragraph (3) to the relevant commencement date is a reference—

(a)if an order has been made before the coming into operation of this Order appointing a day after that coming into operation as the day on which paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995 is to come into force, to the day so appointed, and

(b)otherwise, to such day as the Department may by order appoint.

Jobseeker’s allowance

7.—(1) If paragraph 1 of Schedule 2 to the [1995 NI 15.] Jobseekers (Northern Ireland) Order 1995 has not come into operation before the coming into operation of this Order, this Order shall have effect until the relevant commencement date as if a reference to unemployment benefit were substituted for—

(a)each of the references to jobseeker’s allowance in paragraph (3) of Article 18.

(b)the second reference to jobseeker’s allowance in paragraph (4) of that Article,

(c)the first reference to jobseeker’s allowance in paragraph (1) of Article 19, and

(d)the reference to jobseeker’s allowance in paragraph (2) of that Article.

(2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—

(a)if an order has been made before the coming into operation of this Order appointing a day after that coming into operation as the day on which paragraph 1 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 is to come into force, to the day so appointed, and

(b)otherwise, to such day as the Department may by order appoint.

Armed forces

8.—(1) If Article 10 of the Industrial Relations (Northern Ireland) Order 1993 has not come into operation before the coming into operation of this Order, Article 23 shall have effect until the relevant commencement date as if for paragraph (4) there were substituted—

(4) Paragraph (1)—

(a)does not apply to service as a member of the naval, military or air forces of the Crown, but

(b)does apply to employment by an association established for the purposes of Part VI of the Reserve Forces Act 1980.

(2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—

(a)if an order has been made before the coming into operation of this Order, appointing a day after that coming into operation as the day on which Article 10 of the Industrial Relations (Northern Ireland) Order 1993 is to come into operation, to the day so appointed, and

(b)otherwise, to such day as the Department may by order appoint.

Article 28.

SCHEDULE 3REPEALS

Chapter or NumberShort titleExtent of repeal
1976 NI 15.The Sex Discrimination (Northern Ireland) Order 1976.Article 64.
1976 NI 16.The Industrial Relations (Northern Ireland) Order 1976.Article 29(2).
Article 30.
Article 58(1).
In Article 58(2) the words from “in accordance with” to “Article 59”.
Article 58(3).
Article 58A.
Article 59(1) to (4A) and (6A) to (14).
Articles 60 to 62.
Article 72.
In Article 80(2) the words “58A(4)”.
Article 80(2A).
1976 NI 26.The Industrial Relations (No. 2) (Northern Ireland) Order 1976.Article 35(3) and (4).
In Article 56(1) the words from “in accordance with” to “No. 1 Order”.
Article 56(2) to (8).
Article 57.
Article 58(1).
In Schedule 4, paragraph 5(5) and (10).
1977 NI 11.The Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977.Article 12.
1982 NI 8.The Industrial Relations (Northern Ireland) Order 1982.In Schedule 2, the amendments to Article 59 of the No. 1 Order and Article 56 of the No. 2 Order.
1984 NI 9.The Industrial Training (Northern Ireland) Order 1984.Articles 30 and 31.
In Schedule 3, paragraphs 2 and 8 to 10.
1986 NI 18.The Social Security (Northern Ireland) Order 1986.In Schedule 9, in Part II, paragraph 33.
1987 NI 9.The Industrial Relations (Northern Ireland) Order 1987.In Schedule 3, paragraph 4(12).
1988 NI 7.The Wages (Northern Ireland) Order 1988.In Schedule 4, paragraph 6.
1989 c. 32.The Fair Employment (Northern Ireland) Act 1989.Section 3(9).
In Schedule 2, paragraph 31.
1992 NI 5.The Industrial Relations (Northern Ireland) Order 1992.Article 100.
Article 105A(2)(a).
Article 108(2).
In Schedule 5, paragraph 6(8).
1992 c. 9.The Social Security (Consequential Provisions) (Northern Ireland) Act 1992.In Schedule 2, paragraph 16(3) to (5).
1993 NI 11.The Industrial Relations (Northern Ireland) Order 1993.In Article 9(6)(e) the words “Article 59(7)(c) of the No. 1 Order and”.
Articles 14 and 15.
Article 17.
In Schedule 5, paragraphs 1 and 4.
In Schedule 6, the amendments to Article 59 of the No. 1 Order and Article 56 of the No. 2 Order.
1995 NI 12.The Trade Union and Labour Relations (Northern Ireland) Order 1995.Article 148.
In Schedule 2, the amendments to Article, 80 of the No. 1 Order and Article 56 of the No. 2 Order.
1995 NI 15.The Jobseekers (Northern Ireland) Order 1995.In Schedule 2, paragraph 1.
1995 NI 22.The Pensions (Northern Ireland) Order 1995.In Schedule 1, paragraph 8.
1995 c. 50.The Disability Discrimination Act 1995Section 62.
In Schedule 3, paragraph 1.
In Schedule 8, paragraphs 42 and 50(1).
1996 c. 23.The Arbitration Act 1996.In Schedule 3, paragraph 31.

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