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The Departments (Transfer of Functions) Order (Northern Ireland) 2016

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PART 4AMENDMENTS CONSEQUENTIAL ON ARTICLE 6

Employment and Training Act (Northern Ireland) 1950 (c. 29)

26.  In section 1 (general functions of the Department for Employment and Learning)—

(a)in the heading, for “Ministry” substitute “Department”;

(b)in subsection (1), for “Department of Economic Development (in this Act referred to as “the Department”)” substitute “Department”.

27.  In section 2 (employment exchanges and employment services)—

(a)in subsections (1) and (2), for “Ministry” substitute “Department”;

(b)in subsection (3), for “Ministry” in the second place where it occurs substitute “Department”;

(c)in subsection (4), for “Ministry” substitute “Department”;

(d)in subsection (6), for “Ministry” in the second place where it occurs substitute “Department”.

(e)in subsections (7) and (8), for “Ministry” substitute “Department”.

28.  In section 3 (provision as to training for employment)—

(a)in subsection (1), for “Ministry” substitute “Department”;

(b)in subsection (2), for “Ministry” in the first place where it occurs substitute “Department”;

(c)in subsection (4), for “Ministry” in the first, second and fourth places where it occurs substitute “Department”.

29.  In section 4 (scheme for promoting regularity of employment)—

(a)in subsection (1), for “Ministry” in the first, second, fourth and fifth places where it occurs substitute “Department”;

(b)in subsections (2) and (3), for “Ministry” in each place where it occurs substitute “Department”;

(c)in subsection (4), for “Ministry” in the first and second places where it occurs substitute “Department”.

30.  In section 5 (payments towards cost of removal and resettlement of workers)—

(a)in subsection (1), for “Ministry” in the second place where it occurs substitute “Department”;

(b)in subsection (2), for “Ministry” in both places where it occurs substitute “Department”;

(c)in subsection (3), for “Ministry” in the first place where it occurs substitute “Department”;

(d)in subsection (5), for “Ministry” substitute “Department”.

31.  In section 6 (existing powers), for “Ministry” in both places where it occurs, substitute “Department”.

32.  In section 7 (expenses)—

(a)in subsection (1)(a), for “Ministry” substitute “Department”;

(b)in subsection (1)(b), for “Ministry” in the first place where it occurs substitute “Department”;

(c)in subsection (2), for “Ministry” substitute “Department”.

33.  In section 8 (prosecution of offences), for “Ministry” in both places where it occurs substitute “Department”.

34.  In section 9 (regulations), in subsections (1) and (2) for “Ministry” substitute “Department”.

35.  In section 10(1) (interpretation)—

(a)after “that is to say;— ” insert—

“the Department” means—

(a)

except in section 4 and this subsection, the Department for Communities or the Department for the Economy;

(b)

in section 4 and this subsection, the Department for the Economy;;

(b)in the definition of “industry” for “Ministry” substitute “Department”.

Employment and Training (Amendment) (Northern Ireland) Order 1988 (NI 10)

36.  In Article 2(2), in the definition of “the Department”, for “Department of Economic Development” substitute “Department for Communities or the Department for the Economy”.

Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 (NI 12)

37.  In Article 10 (power to exempt discrimination in favour of lone parents in connection with training)—

(a)in paragraph (1), for “Department” in both places where it occurs substitute “Department for Communities or the Department for the Economy”;

(b)in paragraph (3)(b), for “Department” substitute “Department for Communities or the Department for the Economy”.

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

38.  In section 123A (claimant commitment for income support), in subsections (2) and (4)(b), omit “or the Department for Employment and Learning”.

Jobseekers (Northern Ireland) Order 1995 (NI 15)

39.  In Article 2(2) (interpretation)—

(a)in the definition of “the Department”, for “the Department of Health and Social Services” substitute “the Department for Communities”;

(b)in the definition of “employment officer” (as the Article has effect before the repeal of the definition by Part 4 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015), omit “or the Department for Employment and Learning”.

40.  Omit Article 8L (concurrent exercise of certain functions in relation to jobseeker’s allowance by Department for Social Development and Department for Employment and Learning).

41.  In Article 8M (delegation and contracting out), omit paragraph (7) (application of Article to Department for Employment and Learning as respects certain functions as it applies to Department for Social Development).

42.  In Article 10 (attendance, information and evidence), in paragraph (2), in sub-paragraphs (b) and (c) omit “or of the Department for Employment and Learning”.

43.  In Article 19B (Article 19A: supplemental) (as the Article has effect before its repeal by Part 4 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015)—

(a)in paragraph (1) (powers of Department for Employment and Learning for the purposes of or in connection with any “work for your benefit” scheme), omit “or the Department for Employment and Learning”;

(b)in paragraph (3) (provision that regulations in pursuance of Article 4 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 may make in relation to “work for your benefit” schemes), for “the Department for Employment and Learning” substitute “the Department for Communities or the Department for the Economy”.

44.  In Article 22E (contracting out functions) (as the Article has effect before its repeal by Part 4 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015)—

(a)in paragraphs (1), (2) and (3), omit “or of the Department for Employment and Learning”;

(b)in paragraphs (7)(b) and (c), (8) and (9)(a), omit “or the Department for Employment and Learning”;

(c)in paragraph (10), omit “ or of the Department for Employment and Learning”;

(d)in paragraph (11) in both places where it occurs omit “or the Department for Employment and Learning”;

(e)in paragraph (12)(c), omit “or of the Department for Employment and Learning”.

Disability Discrimination Act 1995 (c. 50)

45.  In section 18C (charities and support for particular groups), in subsection (2)(b), for “Department for Employment and Learning” substitute “Department for Communities”.

46.  In section 54A (codes of practice), in subsections (11) and (12), for “Department for Employment and Learning” substitute “Department for the Economy”.

Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21)

47.  In Article 24A (assisting persons to obtain employment etc.)—

(a)in paragraph (1)—

(i)for “Department for Employment and Learning” substitute “Department for Communities or the Department for the Economy”;

(ii)for “Department” in the second place where it occurs substitute “Department for Communities or the Department for the Economy”;

(b)in paragraph (2)(a), for “Department for Employment and Learning” substitute “Department for Communities or the Department for the Economy”.

Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)

48.  In Article 2(2) (interpretation), in the definition of “the Department”, for “the Department of Health and Social Services” substitute “the Department for Communities”.

49.  In Article 57 (special schemes for claimants for jobseeker’s allowance)—

(a)in paragraph (5) (powers in connection with any scheme), omit “or the Department of Economic Development”;

(b)in paragraph (7) (provision that may be included in an order in pursuance of Article 4 of Employment and Training (Amendment) (Northern Ireland) Order 1988), for “the Department of Economic Development” substitute “the Department for Communities or the Department for the Economy”.

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR 2003/497)

50.  In regulation 21 (assisting persons to obtain employment etc.)—

(a)in paragraph (1)—

(i)for “Department for Employment and Learning” substitute “Department for Communities or the Department for the Economy”;

(ii)for “Department” in the second place where it occurs substitute “Department for Communities or the Department for the Economy”;

(b)in paragraph (2)(b), for “Department for Employment and Learning” substitute “Department for Communities or the Department for the Economy”.

Employment Equality (Age) Regulations (Northern Ireland) 2006 (SR 2006/261)

51.  In regulation 23 (assisting persons to obtain employment etc.)—

(a)in paragraph (1)—

(i)for “Department for Employment and Learning” substitute “Department for Communities or the Department for the Economy”;

(ii)for “Department” in the second place where it occurs substitute “Department for Communities or the Department for the Economy”;

(b)in paragraph (2)(b), for “Department for Employment and Learning” substitute “Department for Communities or the Department for the Economy”.

Welfare Reform Act (Northern Ireland) 2007 (c. 2)

52.  In section 1C (claimant commitment for employment and support allowance for interim period until introduction of universal credit) (as the section has effect before its repeal by Part 5 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015), in subsections (2) and (4)(b), omit “or the Department for Employment and Learning”.

53.  Omit section 11K (concurrent exercise of certain functions in relation to employment and support allowance by Department for Social Development and Department for Employment and Learning).

54.  In section 11L (delegation and contracting out), omit subsection (7) (application of section to Department for Employment and Learning as respects certain functions as it applies to Department for Social Development).

55.  In section 12(7) (meaning of “work-focused interview”), for “the Department for Employment and Learning” substitute “the Department”.

56.  In section 14 (action plans in connection with work focused interviews)—

(a)in subsection (1), for “The Department for Employment and Learning” substitute “The Department”;

(b)in subsection (5), for “the Department for Employment and Learning” substitute “the Department”.

57.  In section 15 (directions about work-related activity), in subsections (1) and (2)(b), omit “or the Department for Employment and Learning”.

58.  In section 16 (meaning of “the Department” for purposes of contracting out functions under Part 1), omit subsection (14) (definition of “the Department” in section to mean Department for Social Development or Department for Employment and Learning).

59.  In section 24 (interpretation of Part 1), omit subsections (5) (decisions of Department for Employment and Learning to be treated for certain purposes as decisions of Department for Social Development) and (6) (supply by Department for Social Development and Department for Employment and Learning to each other of information for purposes of their functions under Part 1).

60.  In section 57(1) (interpretation of the Act), in the definition of “the Department”, for the words from “(except” to the end substitute “means the Department for Communities”.

Welfare Reform Act 2012 (c. 5)

61.  In section 127(7) (purposes for which information held for HMRC purposes may be supplied to a Northern Ireland department), for paragraphs (a) to (c) of the definition of “Northern Ireland department”, substitute—

(a)the Department for Communities;

(b)the Department of Finance;

(c)the Department for the Economy..

Welfare Reform (Northern Ireland) Order 2015 (NI 1)

62.  Omit Article 34 (concurrent exercise of certain functions in relation to universal credit by Department for Social Development and Department for Employment and Learning).

63.  In Article 35 (delegation and contracting out), omit paragraph (7) (application of Article to Department for Employment and Learning as respects certain functions as it applies to Department for Social Development).

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