Search Legislation

The Work and Families (Northern Ireland) Order 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Work and Families (Northern Ireland) Order 2006 (without Schedules)

 Help about opening options

Changes to legislation:

The Work and Families (Northern Ireland) Order 2006 is up to date with all changes known to be in force on or before 04 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

IntroductionN.I.

Title and commencementN.I.

1.—(1) This Order may be cited as the Work and Families (Northern Ireland) Order 2006.

(2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.

(3) The remaining provisions of this Order shall come into operation on such day or days as the Department may by order appoint.

(4) An order under paragraph (3) may include supplementary, incidental, saving or transitional provisions.

Subordinate Legislation Made

P1Art. 1(3) power partly exercised: different dates appointed for specified provisions by S.R. 2006/344, arts. 2-4; different dates appointed for specified provisions by S.R. 2010/295, arts. 2, 3

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);

the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);

the Department” means the Department for Employment and Learning;

the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996 (NI 16);

statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Extension of maternity pay period and adoption pay periodN.I.

Maternity pay periodN.I.

3.  In section 161(1) of the Contributions and Benefits Act (which specifies the maximum period that may be prescribed as the period for which statutory maternity pay and, by virtue of section 35(2) of that Act, maternity allowance, are payable), for “26 weeks” substitute “ 52 weeks ”.

Adoption pay periodN.I.

4.  In section 167ZN(2) of the Contributions and Benefits Act (which specifies the maximum period that may be prescribed as the period for which statutory adoption pay is payable), for “26 weeks” substitute “ 52 weeks ”.

F1Additional paternity leave and payN.I.

Textual Amendments

F1Arts. 5-12 and preceding cross-heading repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 2; S.R. 2015/86, art. 4(3) (with art. 7(2))

Additional paternity leave: birthN.I.

F15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional paternity leave: adoptionN.I.

F16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights during and after additional paternity leaveN.I.

F17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to additional statutory paternity pay: birthN.I.

F18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to additional statutory paternity pay: adoptionN.I.

F19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to additional statutory paternity pay: generalN.I.

F110.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Liability to make payments of additional statutory paternity payN.I.

F111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional statutory paternity pay: rate and period of payN.I.

F112.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Leave and pay related to birth or adoption: further amendmentsN.I.

Leave and pay related to birth or adoption: further amendmentsN.I.

13.—(1) Schedule 1 (which contains further amendments relating to statutory leave and pay) has effect.

F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any reference to ordinary statutory paternity pay in any statutory provision (including this Order and any statutory provision amended by this Order) or document is to be read, in relation to any time before the commencement of paragraphs 11 and 12 of Schedule 1, as a reference to statutory paternity pay.

Textual Amendments

Commencement Information

I1Art. 13 partly in operation; art. 13 not in operation at date of making see art. 1(3); art. 13 in operation for certain purposes at 1.9.2006 and 1.10.2006 by S.R. 2006/344, arts. 2(b), 3(a); art. 13(1) in operation for certain purposes at 9.9.2010 and 1.10.2010 by S.R. 2010/295, arts. 2(b), 3(a); art. 13(2)(3) in operation at 1.10.2010 by S.R. 2010/295, art. 3(b)

Miscellaneous provisions about employment rightsN.I.

Flexible workingN.I.

14.—(1) Article 112F of the Employment Rights Order (statutory right to request contract variation) is amended as follows.

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Omit paragraphs (3), (6) and (7).

F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual leaveN.I.

15.—(1) The Department may by regulations make provision conferring on workers the right, except in prescribed cases, to a prescribed amount of annual leave in each leave year, as defined for the purposes of the regulations.

(2) The regulations may in particular—

(a)make provision for determining the amount of annual leave to which workers are to be entitled;

(b)make provision for determining the amount of pay in respect of any period of leave which is required by the regulations to be paid leave;

(c)make provision enabling a worker to elect when to take leave to which he is entitled by virtue of the regulations, subject to any provision of the regulations enabling his employer to require him to take, or not to take, that leave at a particular time;

(d)make provision for the payment of compensation in prescribed cases to a worker who has not taken leave to which he is entitled;

(e)make provision as to the relationship between the rights conferred by the regulations and a worker's rights to leave, pay or compensation under any contract or under any statutory provision;

(f)enable a worker to present a complaint to an industrial tribunal that his employer has refused to permit him to exercise any right he has under the regulations, or has failed to pay him any amount due to him under the regulations;

(g)make, in connection with any right conferred by the regulations (including any right to payment), any other provision which is the same as or similar to any provision made, in connection with any right relating to annual leave conferred in pursuance of any Community obligation, by any regulations under section 2(2) of the European Communities Act 1972 (c. 68) made at any time before the day on which the first regulations under this Article are made.

(3) Regulations under this Article may make provision as to—

(a)who is to be treated as a worker for the purposes of the regulations, and

(b)who is to be treated as the worker's employer.

(4) Regulations under this Article may in particular—

(a)make provision applying to—

(i)Crown employment and persons in Crown employment;

(ii)service as a member of the armed forces;

(b)make provision conferring rights to and in connection with annual leave on persons falling within any other categories of persons on whom any Community obligation of the United Kingdom requires a right to annual leave to be conferred.

(5) Regulations under this Article may contain incidental, supplemental, consequential, transitional or saving provision, including provision amending any statutory provision.

(6) Regulations under this Article

[F5shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly].

(7) In this Article—

the armed forces” means any of the naval, military or air forces of the Crown;

Crown employment” has the meaning given by Article 236(3) of the Employment Rights Order.

Increase of maximum amount of a week's pay for certain purposesN.I.

16.—(1) This Article applies to the sums specified in the following provisions—

(a)Article 23(1) of the Employment Rights Order (maximum amount of a week's pay for the purposes of certain provisions of the Order relating to awards of compensation and redundancy payments);

(b)Article 231(1)(a) and (b) of the Employment Rights Order (employee's rights on insolvency of employer: maximum amount payable).

(2) The Department may, on one occasion only, by order substitute for each of the sums mentioned in paragraph (1) such higher sum as may be specified in the order.

(3) An order under this Article—

(a)may include transitional provision;

(b)may exclude, on a single occasion specified in the order under this Article, any duty to make an order under Article 33 of the 1999 Order (indexation of amounts, etc.), so far as relating to the sums mentioned in paragraph (1).

(4) Subject to any provision made under paragraph (3)(b), this Article does not affect the operation of Article 33 of the 1999 Order in relation to the sums substituted by the order under this Article in the provisions mentioned in paragraph (1).

(5) An order under this Article shall—

(a)be laid before the Assembly after being made; and

(b)take effect on such date as may be specified in the order but (without prejudice to the validity of anything done thereunder or to the making of a new order) shall cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the order is approved by a resolution of the Assembly.

(6) In this Article “the 1999 Order” means the Employment Relations (Northern Ireland) Order 1999 (NI 9).

SupplementaryN.I.

RepealsN.I.

17.  The statutory provisions specified in Schedule 2 are repealed to the extent specified in the second column of that Schedule.

Commencement Information

I2Art. 17 partly in operation; art. 17 not in operation at date of making see art. 1(3); art. 17 in operation for certain purposes at 1.10.2006 by S.R. 2006/344, art. 3(e); art. 17 in operation for certain purposes at 1.10.2010 by S.R. 2010/295, art. 3(c)

A.K. Galloway

Clerk of the Privy Council

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources