Fair Employment (Northern Ireland) Act 1989

9 Approval of code

(1) This section applies where the Commission determines to proceed with the revision of the code of practice after publishing a draft under section 8(4) of this Act.

(2) The Commission shall send a draft of the revised code to the head of the Department or, if no head of the Department stands appointed for the time being, to the Secretary of State.

(3) Where the draft of the revised code is sent to the head of the Department, he shall—

(a) if he approves of it, lay it before the Northern Ireland Assembly, and

(b) if he does not approve of it, publish details of his reasons.

(4) If, within the period of forty days beginning with the day on which the draft of the revised code is laid before the Assembly, the Assembly so resolves, no further proceedings shall be taken on it, but without prejudice to the laying before the Assembly of a new draft.

(5) Section 41(3) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 (laying of statutory documents) shall have effect as if the draft of the revised code required to be so laid were a statutory document (within the meaning of that Act) required under a Measure of the Assembly to be laid before the Assembly.

(6) In reckoning the period of forty days referred to in subsection (4) above, no account shall be taken of any period during which the Assembly is dissolved by virtue of section 27(2) of the [1973 c. 36.] Northern Ireland Constitution Act 1973 or is prorogued or adjourned for more than four days.

(7) Where the draft of the revised code is sent to the Secretary of State he shall—

(a) if he approves of it, lay it before Parliament, and

(b) if he does not approve of it, publish details of his reasons.

(8) If, within the period of forty days beginning with the day on which the draft of the revised code is laid before each House of Parliament or, if the draft is laid on different days, with the later of the two days, either House so resolves, no further proceedings shall be taken on it, but without prejudice to the laying before Parliament of a new draft.

(9) In reckoning the period of forty days referred to in subsection (8) above, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10) If no such resolution is passed as is referred to in subsection (4) or (8) above, the Commission shall issue the code in the form of the draft and the code shall come into effect on such day as the Department may by order appoint.