Statutory Instrument 1995 No. 758 (N.I. 4)

The Fair Employment (Amendment) (Northern Ireland) Order 1995

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Fair Employment (Amendment) (Northern Ireland) Order 1995, ISBN 0110527100. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 758 (N.I. 4)

NORTHERN IRELAND

The Fair Employment (Amendment) (Northern Ireland) Order 1995

At the Court at Buckingham Palace, the 15th day of March 1995

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974^[1] and of all other powers enabling Her in that behalf, is pleased by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Title and commencement
    1.—(1)  This Order may be cited as the Fair Employment (Amendment) (Northern Ireland) Order 1995.

    (2)  This Order shall come into operation on the expiration of 2 months from the day on which it is made.

Interpretation
    2.—(1)  The Interpretation Act (Northern Ireland) 1954^[2] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

    (2)  In this Order "the 1976 Act" means the Fair Employment (Northern Ireland) Act 1976^[3].

Removal of limit on amount of awards
    3.—(1)  In section 26 of the 1976 Act (remedies on complaint to the Fair Employment Tribunal in respect of unlawful discrimination), subsection (4) (limit on the amount of compensation) is hereby repealed.

    (2)  In consequence of paragraph (1), the following provisions of the 1976 Act are hereby repealed, namely—
 (a) in section 26(5)(a), the words "(subject to the limit in subsection (4))";
 (b) section 26(9), (10) and (12); and
 (c) in section 56(2) the words "26(9) or".

Power to make provision as to interest in relation to awards
    4.—(1)  In section 26 of the 1976 Act, after subsection (6) there shall be inserted the following subsections—
"  (6A)  The Department may by order made with the approval of the Department of Finance make provision—
(a) for enabling the Tribunal, where an amount of compensation falls to be awarded under subsection (1)(b), to include in the award interest on that amount; and

(b) specifying, for cases where the Tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined,

and the order may contain such incidental and supplementary provisions as the Department considers appropriate.

    (6B)  The power to make an order under subsection (6A) includes power to vary or revoke the order." .



    (2)  In subsection (11) of that section, for "(9)" there shall be substituted "(6A)".

    (3)  In section 56(2) of the Act, before "49(3)" there shall be inserted "26(6A) or".

N. H. Nicholls

Clerk of the Privy Council

This Order amends the Fair Employment (Northern Ireland) Act 1976.

Article 3 amends section 26 so as to remove the limit of £35,000 on amounts awarded by the Fair Employment Tribunal ("the Tribunal") under that section.

Article 4 gives powers to the Department to make an order enabling the Tribunal to include interest on amounts awarded by it under section 26.

[1] 1974 c. 28 back

[2] 1954 c. 33 (N.I.) back

[3] 1976 c. 25 back