The Seafarers (Collective Redundancies, Information and Consultation and Insolvency Miscellaneous Amendments) Regulations (Northern Ireland) 2020

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Seafarers (Collective Redundancies, Information and Consultation and Insolvency Miscellaneous Amendments) Regulations (Northern Ireland) 2020 and come into operation on 26th January 2020.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Pension Schemes (Northern Ireland) Act 1993

2.—(1) Section 161 of the Pension Schemes (Northern Ireland) Act 1993(2) (Application of certain provisions to cases with foreign element) is amended as follows.

(2) For subsection (6) substitute—

“(6) Chapter 2 of Part 7 and section 153 do not apply to employment where under his worker’s contract the worker ordinarily works outside the territory of the member States, but section 201 of the Employment Rights Act 1996 (power to extend employment protection legislation) applies to Chapter 2 of Part 7 and section 153 as it does to the provisions mentioned in that Act.”.

(3) In subsection (7) omit the definition of “employment as a merchant seaman”.

(4) In consequence of the amendment made by paragraph (3), omit the amendment to section 161(7) of the Pension Schemes (Northern Ireland) Act 1993 that is made by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996(3).

(5) The amendments made by paragraphs (2) to (4) only have effect in relation to employers who become insolvent (within the meaning given by section 119 of the Pension Schemes (Northern Ireland) Act 1993(4)) on or after the date on which these Regulations come into operation.

(6) The substitution made by paragraph (2) is without prejudice to the amendments made by regulation 2(6) of the Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019(5).

Amendment of the Employment Rights (Northern Ireland) Order 1996

3.—(1) The Employment Rights (Northern Ireland) Order 1996 is amended as follows.

(2) After Article 221 (Duty of employer to notify Department of certain redundancies) insert—

“Duty of employer to notify competent authority of a vessel’s flag State of certain redundancies

221A.— (1) Article 221 has effect subject to this Article if—

(a) the duty under Article 221(1) or (2) applies to a proposal to dismiss employees as redundant, and

(b) the employees concerned are members of the crew of a seagoing vessel which is registered at a port outside Northern Ireland.

(2) The employer must give the notification required by Article 221(1) or (2) to the competent authority of the State where the vessel is registered (instead of to the Department).”.

(3) In Article 239(6) (Employment outside Northern Ireland)—

(a) in paragraph (2)(d) for “221 and 222” substitute “221 to 222”;

(b) after paragraph (3) insert—

“(4) For the purposes of paragraph (1) as it relates to Articles 221 to 222, employment on board a ship registered in the United Kingdom is to be treated as employment where under his contract a person ordinarily works in Northern Ireland.”.

(4) In Article 242(7) (Mariners)—

(a) in paragraph (2) for “Parts XI to XIV” substitute “Parts 11 and 12”;

(b) in paragraph (4) omit “and Part XIV”.

(5) The amendments made by paragraphs (2) and (3) and the amendments made by paragraph (4), so far as they relate to Part 13 of the Employment Rights (Northern Ireland) Order 1996, only have effect in relation to dismissals (within the meaning given by Article 223 of the Employment Rights (Northern Ireland) Order 1996) which are first proposed by an employer on or after the date on which these Regulations come into operation.

(6) The amendments made by paragraph (4), so far as they relate to Part 14 of the Employment Rights (Northern Ireland) Order 1996, only have effect in relation to employees whose employer has become insolvent (within the meaning given by Article 228 of the Employment Rights (Northern Ireland) Order 1996(8)) on or after the date on which these Regulations come into operation.

Amendment of the Information and Consultation of Employees Regulations (Northern Ireland) 2005

4.—(1) The Information and Consultation of Employees Regulations (Northern Ireland) 2005(9) are amended as follows.

(2) Regulation 40 (Exception for merchant navy) is omitted.

Sealed with the Official Seal of the Department for the Economy on 10th January 2020.

Colin Jack

A senior officer of the

Department for the Economy