SCHEDULEAMENDMENTS TO LEGISLATION

Regulation 3

1

1

The Employment Tribunals Act 1996 M1 is amended as follows.

2

In section 18(1) (cases where conciliation provisions apply)—

a

omit the “or” at the end of paragraph (w) ;

b

at the end of paragraph (x) insert “ , or ”;

c

after paragraph (x) insert—

y

under regulation 22 of the Merchant Shipping (Hours of Work) Regulations  2002.

3

In section 21(1) (jurisdiction of the Appeal Tribunal)—

a

omit the “or” at the end of paragraph (x) ;

b

at the end of paragraph (y) insert “ , or ”;

c

after paragraph (y) insert—

z

the Merchant Shipping (Hours of Work) Regulations 2002.

2

1

The Employment Rights Act 1996 M2 is amended as follows.

2

In section 45A(5) (right not to suffer detriment: working time cases) after paragraph (c) insert—

d

the Merchant Shipping (Hours of Work) Regulations 2002.

3

In section 101A(2) (fairness in dismissal: working time cases) after paragraph (c) insert—

d

the Merchant Shipping (Hours of Work) Regulations 2002.

4

In section 104(4) (fairness in dismissal: assertion of statutory right), in paragraph (d), after “the Working Time Regulations 1998,” insert “ the Merchant Shipping (Hours of Work) Regulations 2002, ”.

3

1

The Employment Rights (Northern Ireland) Order 1996 M3 is amended as follows.

2

In Article 68A(5) (rights not to suffer detriment: working time cases)—

a

omit the “and” at the end of sub-paragraph (b);

b

at the end of sub-paragraph (c) insert “ ; and ”;

c

after sub-paragraph (c) insert—

d

the Merchant Shipping (Hours of Work) Regulations 2002.

3

In Article 132A(2) (right not to be unfairly dismissed: working time cases)—

a

omit the “and” at the end of sub-paragraph (b);

b

at the end of sub-paragraph (c) insert “ ; and ”;

c

after sub-paragraph (c) insert—

d

the Merchant Shipping (Hours of Work) Regulations 2002.

4

In Article 135(4) (right not to be unfairly dismissed: assertion of statutory right), in sub-paragraph (d), after “the Working Time Regulations (Northern Ireland) 1998,” insert “ the Merchant Shipping (Hours of Work) Regulations 2002, ”.

4

1

The Industrial Tribunals (Northern Ireland) Order 1996 M4 is amended as follows.

2

In Article 20(1) (cases where conciliation provisions apply)—

a

omit the “or” at the end of sub-paragraph (s);

b

at the end of sub-paragraph (t) insert “ , or ”;

c

after sub-paragraph (t) insert—

u

under regulation 21 of the Merchant Shipping (Hours of Work) Regulations 2002.

5

1

The Working Time Regulations 1998 M5 are amended as follows.

2

In regulation 18(1) (excluded sectors) for sub-paragraph (a) substitute—

a

to workers to whom the Merchant Shipping (Hours of Work) Regulations 2002 apply.

6

1

The Working Time Regulations (Northern Ireland) 1998 M6 are amended as follows.

2

In regulation 18(1) (excluded sectors) for sub-paragraph (a) substitute—

a

to workers to whom the Merchant Shipping (Hours of Work) Regulations 2002 apply.