The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

Northern Ireland

This section has no associated Explanatory Memorandum

4.  These Regulations apply in relation to Northern Ireland as if—

(a)in regulation 2(1) (interpretation)—

(i)for the definition of “collective agreement” there were substituted the following definition—

“collective agreement” means a collective agreement within the meaning of Article 2(2) of the Industrial Relations (Northern Ireland) Order 1992(1), the trade union parties to which are independent trade unions within the meaning of that Article;; and

(ii)there were inserted in the appropriate place—

“industrial tribunal” means a tribunal established under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996(2);;

(b)in regulations 26(1), (2), (3) and (5) (remedies) and 28(1)(b) and (3)(c) (contracting out), for the words “employment tribunal” there were substituted “industrial tribunal”;

(c)regulation 27 (extension of complaint period to facilitate conciliation before institution of proceedings) were omitted;

(d)In regulation 28(2)(a)—

(i)for the words “a conciliation officer” there were substituted “the Agency”; and

(ii)for the words “sections 18A to 18C of the Employment Tribunals Act 1996 (conciliation)” there were substituted “Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996(3)”.

(1)

S.I. 1992/807 (N.I. 5); the definition of “collective agreement” was amended by article 150 of, and Schedule 2 to, the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12).

(3)

S.I. 1996/1921 (N.I. 18). Article 20 was amended by regulation 33(2)(a) of S.I. 1999/3323, Schedule 2 to S.I. 2002/2836 (N.I. 2), regulation 53(2) of SR 2016 No. 49 and section 8 of the Employment Act (Northern Ireland) 2011 (c.13 (N.I.). There are other amending instruments which are not relevant to these Regulations.