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Explanatory Memorandum to Employment (Miscellaneous Provisions) (Northern Ireland) Order 2005

Main Elements of the Order

Article 2 – Enforcement of regulation of employment agencies and employment businesses

8.This Article provides the Department with the power to appoint officers, or to arrange with any Minister of the Crown or public body to appoint officers, to act for the purposes of the 1981 Order. The Article then provides these officers with specific powers, such as the right to enter relevant business premises and inspect their records or other documentation required to be kept under the 1981 Order.

9.The Article also sets out the penalties that will be incurred for failure to comply with the requirements of this Order.

Article 3 – Qualification for certain appointments

10.Article 3 amends Article 82(2) of the 1998 Order to harmonise the criteria used for appointments to industrial tribunals and the Fair Employment Tribunal.

Article 4 – Enforcement of sums awarded by Fair Employment Tribunal

11.Article 87 of the 1998 Order provides the Fair Employment Tribunal with the power to enforce awards of compensation, but there is currently doubt as to its ability to enforce costs awards. This Article amends and clarifies Article 87 of the 1998 Order to enable the Fair Employment Tribunal to enforce ‘any sum payable’.

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