The Employment Rights (Northern Ireland) Order 1996

Reciprocal arrangements

Reciprocal arrangements with Great Britain

253.—(1) The Department shall be the appropriate Northern Ireland authority for the purposes of section 238 of the [1996 c.] Employment Rights Act 1996 (“the Act of 1996”).

(2) Accordingly, the Department may, with the consent of the Department of Finance and Personnel, make reciprocal arrangements with the Secretary of State for co-ordinating the relevant provisions of this Order with the corresponding provisions of the Act of 1996 so as to ensure that they operate, to such extent as may be provided by the arrangements, as a single system.

(3) In this Article “the relevant provisions of this Order” means the provisions of this Order which correspond to the provisions of the Act of 1996 which are not excepted provisions as defined in section 238(2) of that Act.

(4) The Department may make regulations for giving effect to any arrangements made under this Article.

(5) Such regulations may provide that the relevant provisions of this Order 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 Act of 1996 have a corresponding effect for the purposes of this Order (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 Order and under the Act of 1996, which of those rights is available to the person concerned.

Reciprocal arrangements with Isle of Man

254.—(1) If an Act of Tynwald is passed for purposes similar to the purposes of Part XII, the Department may, with the consent of the Department of Finance and Personnel, make reciprocal arrangements with the appropriate Isle of Man authority for co-ordinating the provisions of that Part with the corresponding provisions of the Act of Tynwald so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.

(2) For the purposes of giving effect to any arrangements made under paragraph (1) the Department may, in conjunction with the appropriate Isle of Man authority, make any necessary financial adjustments between the Northern Ireland National Insurance Fund and any fund established under the Act of Tynwald.

(3) The Department may make regulations for giving effect to any arrangements made under paragraph (1).

(4) Regulations under paragraph (3) may provide that Part XII has 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 Act of Tynwald have a corresponding effect for the purposes of Part XII (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 Order and under the Act of Tynwald, which of those rights is available to the person concerned.

(5) In this Article “the appropriate Isle of Man authority” means such authority as may be specified in an Act of Tynwald.