The Industrial Relations (Northern Ireland) Order 1992

5.—(1) The following provisions shall cease to have effect—

(a) section 6(2), (5), (6), (7) and (8);

(b) section 7;

(c) in section 8 the words “any contract made before they come into force, and in relation to”;

(d) section 9(2);

(e) section 25(1);

(f) in section 25(2) the words “Without prejudice to subsection (1),”;

(g) in section 25(3) the words “, in the case of a contract made after the passing of this Act,”;

(h) section 26(5), (6) and (7);

(i) section 52(7);

(j) section 55(3);

(k) section 60(1) to (3) and (4)(a);

(l) section 63(2) and (4);

(m) section 64;

(n) in Schedule 1, paragraphs 4D(2) and (4) and 5(3);

(o) in Schedule 3, paragraph 9;

(p) Schedule 9.

(2) In section 4 after subsection (11A) insert—

“(11AA) References in subsections (9) to (11A) to weeks are to weeks within the meaning of Schedule 1.”.

(3) In section 8 for “transferred” substitute “statutory”.

(4) In section 25(2) after “or more” insert “entered into after 5th December 1965”.

(5) In section 26 after subsection (4) insert—

“(4A) In subsection (4) “overseas territory” means any territory or country outside the United Kingdom; and the reference to the Government of an overseas territory includes a reference to a Government constituted for two or more overseas territories and to any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more such territories.”.

(6) In section 30(3) for “, seaman or apprentice” substitute “or a seaman”.

(7) In section 32(1) for “enactment” substitute “statutory provision”.

(8) After section 58 insert—

“Power to amend Act.

58A.   The Department may by order—

(a) provide that any provision contained in this Act which is specified in the order shall not apply to persons or to employments of such classes as may be prescribed by the order, or shall apply to persons or employments of such classes as may be prescribed by the order subject to such exceptions and modifications as may be so prescribed;

(b) add to, vary, revoke or exclude the operation of any of the provisions of section 1(4A), 4(9) to (11A), 6(1) or 26(1) to (4).”.

(9) Renumber section 59 as subsection (1) of that section and after that subsection insert—

“(2) An order under section 58A or paragraph 4D(1) of Schedule 1 shall come into operation on such date as is specified in the order and shall be laid before the Assembly as soon as may be after it is made, but shall cease to have effect upon the expiration of a period of six months from the date on which it came into operation unless, before the expiration of that period, it is approved by a resolution of the Assembly.

(3) Regulations and orders under this Act may contain incidental, supplementary and transitional provisions.”.

(10) In section 63(1) for the definition of “tribunal” substitute—

““tribunal” means an industrial tribunal”.

(11) In section 63 for subsection (3) substitute—

“(3) Subject to subsection (3A), the provisions of Article 2(2) to (9) of the Industrial Relations (Northern Ireland) Order 1976, in so far as those provisions relate to the definition or interpretation of words or expressions used in that Order and in this Act, shall apply for the purposes of this Act as they apply for the purposes of that Order.

(3A) For the purposes of this Act the definition of “employee” in Article 2(2) of that Order shall have effect with the omission of the words “otherwise than in police service”.”.

(12) In Schedule 1 in paragraph 10(2) and (3) for “transferred provision” substitute “statutory provision”.

(13) In Schedule 8 insert the following entries at the appropriate places—

“Section 24(3)	The reference to the employer.
Section 47(2)	The third reference to the employer.
Section 47(5) and (6)	The references to the employer.”.