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Statutory Rules of Northern Ireland

2001 No. 421

FAIR EMPLOYMENT

Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2001

Made

3rd December 2001

Coming into operation

1st January 2002

Whereas, in accordance with Article 50(3) of the Fair Employment and Treatment (Northern Ireland) Order 1998(1) (“the 1998 Order”), each person who, by virtue of the following Order, becomes a public authority for any of the purposes of Articles 52 to 65 of the 1998 Order is:

(1) a Minister of the Crown or a Northern Ireland Minister;

(2) a statutory body or the holder of a statutory office; or

(3) a person appearing to the Office of the First Minister and deputy First Minister(2) (“the Department”) to exercise functions of a public nature;

And whereas, in accordance with Article 51(4) of the 1998 Order, it appears to the Department that some or all of the people who are employed by each person, who by virtue of the following Order becomes an employer for the purposes of Articles 52 to 61 of the 1998 Order, who are in the service of the Crown for the purposes of the functions of those persons or who are treated by virtue of the following Order as so employed or as in such service, are employed or serve in Northern Ireland:

Now, therefore, the Department in exercise of the powers conferred by Article 50(1) and (2) and Article 51(2) of the 1998 Order and now vested in it(3) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.  This Order may be cited as the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2001 and shall come into operation on 1st January 2002.

Amendment of the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000

2.  The Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000(4) shall be amended in accordance with Articles 3 to 5.

3.  In paragraph (2) of Article 1, for the definition of “police force” there shall be substituted—

4.  In paragraph (d) of Article 2—

(a)for “Chief Constable of the Royal Ulster Constabulary” there shall be substituted “Chief Constable of the Police Service of Northern Ireland”; and

(b)the word “force” shall be deleted.

5.  For the Schedule, there shall be substituted the Schedule to this Order.

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 3rd December 2001.

L.S.

D. Trimble

First Minister

M. Durkan

Deputy First Minister

Article 5

SCHEDULE

SCHEDULE

Part IPublic Authorities for the Purposes of Articles 52 to 65 of the 1998 Order

Part IIPublic Authorities for the purposes of Articles 62 to 65 of the 1998 Order

Explanatory Note

(This note is not part of the Order.)

This Order amends the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000 (“the 2000 Order”) which specifies a number of persons or bodies as public authorities for certain purposes under Part VII of the Fair Employment and Treatment (Northern Ireland) Order 1998 (“the 1998 Order”) and provides for the persons who are to be treated for such purposes as the employees of some of those authorities.

The Schedule to the 2000 Order lists in Part I the bodies who are public authorities for the purposes of Articles 52 to 65 of the 1998 Order and in Part II the bodies who are public authorities for the purposes of Articles 62 to 65 of the 1998 Order.

Articles 3 and 4 of this Order amend the 2000 Order to reflect changes brought about by the Police (Northern Ireland) Act 2000.

Article 5 of this Order substitutes a new Schedule to the 2000 Order.

The following bodies are added:

Part I

The Northern Ireland Policing Board

Consignia plc

Part II

Secretary of State for Environment, Food and Rural Affairs.

Secretary of State for Transport, Local Government and the Regions

Chief Constable of the Police Service of Northern Ireland.

The following bodies are deleted:

Part I

Police Authority for Northern Ireland

Post Office

Part II

Secretary of State for the Environment, Transport and the Regions

Chief Constable of the Royal Ulster Constabulary.

(2)

See S.R. 1999 No. 481; Article 4(a) and Part I Schedule 2

(3)

S.R. 1999 No. 481 Schedule 2, Part I