Employment Rights Act 1996

238 Reciprocal arrangements with Northern Ireland

(1) If provision is made by Northern Ireland legislation for purposes corresponding to any of the purposes of this Act, other than an excepted provision, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Ireland authority for co-ordinating the relevant provisions of this Act with the corresponding provisions of the Northern Ireland legislation so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.

(2) The following provisions of this Act are excepted provisions for the purposes of subsection (1)—

(a) in Part I, sections 1 to 7,

(b) Parts II and IV,

(c) in Part V, sections 45 and 46,

(d) in Part VI, sections 58 to 60,

(e) in Part IX, sections 86 to 91, and

(f) in Part X, sections 101 and 102.

(3) The Secretary of State may make regulations for giving effect to any arrangements made under subsection (1).

(4) Regulations under subsection (3) may make different provision for different cases.

(5) Such regulations may provide that the relevant provisions of this Act have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provision—

(a) for securing that acts, omissions and events having any effect for the purposes of the Northern Ireland legislation have a corresponding effect for the purposes of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event), and

(b) for determining, in cases where rights accrue both under this Act and under the Northern Ireland legislation, which of those rights is available to the person concerned.

(6) In this section “the appropriate Northern Ireland authority” means such authority as may be specified in the Northern Ireland legislation.