Fair Employment (Northern Ireland) Act 1976 (repealed 1.3.1999)

Construction of references to employment or occupation in Northern Ireland N.I.

49 Meaning of “employment in Northern Ireland” and “occupation in Northern Ireland”. N.I.

(1) For the purposes of [F1 the Fair Employment (Northern Ireland) Act 1989], employment is to be regarded as being employment in Northern Ireland unless the employee does his work wholly or mainly outside Northern Ireland.

(2) Subsection (1) does not apply to—

(a) employment on board a ship registered at a port of registry in Northern Ireland, or

(b) employment on an aircraft or hovercraft operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland;

but for the purposes of [F1 the Fair Employment (Northern Ireland) Act 1989] such employment is to be regarded as being employment in Northern Ireland unless the employee does his work wholly outside Northern Ireland.

(3) In relation to employment concerned with [F2 the exploration of the sea bed or subsoil or the exploitation of their natural resources][F2 any activity falling within section 23(2) of the Oil and Gas (Enterprise) Act 1982], the Department may by order provide that subsections (1) and (2) shall each have effect as if the last reference to Northern Ireland included any area for the time being designated under section 1(7) of the M1 Continental Shelf Act 1964 [F3 or specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982], or any part of such an area, in which the law of Northern Ireland applies.

(4) An order under subsection (3) may provide that, in relation to employment to which the order applies or any class of such employment, [F4 the Fair Employment (Northern Ireland) Acts are] is to have effect with such modifications as are specified in the order.

(5) The power to make an order under subsection (3) includes power to vary or revoke the order.

(6) The Department shall not make an order under subsection (3) unless a draft of the order has been laid before, and has been approved by, the Northern Ireland Assembly.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(8) In this section references to the work an employee does include, in relation to a person who is seeking employment or a person who has ceased to be in employment, references to, respectively, the work he would do if employed or the work he did when employed.

(9) This section has effect for construing references in [F6 the Fair Employment (Northern Ireland) Acts] to a person’s being engaged, or seeking to become engaged, in an occupation in Northern Ireland as if references in this section to employment were references to an occupation and references to an employee were to a person engaged, or seeking to become engaged, in an occupation.

[F7 (10) In the application of subsections (1) to (6) for the purposes of Part II of the Fair Employment (Northern Ireland) Act 1989, references to employment are references to employment within the meaning of that Part.]

Textual Amendments

F1 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 13(2)

F2 In s. 49(3) Words “any activity falling within section 23(2) of the Oil and Gas (Enterprise) Act 1982” substituted (prosp.) for words from “the exploration” to “natural resources” by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), s. 38(2), Sch. 3 para. 35(a)

F3 Words inserted (prosp.) by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), s. 38(2), Sch. 3 para. 35(b)

F4 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 13(3)

F5 S. 49(7) repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1)(2), Sch. 2 para. 13(4), Sch. 3

F6 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 13(5)

F7 S. 49(10) inserted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 13(6)

Marginal Citations

M1 1964 c. 29.