Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 504

FAIR EMPLOYMENT

Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996

Made

21st October 1996

Coming into operation

1st January 1997

Whereas, in accordance with section 25(3) of the Fair Employment (Northern Ireland) Act 1989(1) (“the Act of 1989”), each person who, by virtue of the following Order, becomes a public authority for any of the purposes of sections 27 to 42 of that Act is:

(1) a Minister of the Crown or the head of a Northern Ireland Department;

(2) a body created by a statutory provision, within the meaning of the Interpretation Act (Northern Ireland) 1954(2), or the holder of any office so created; or

(3) a person appearing to the Department of Economic Development (“the Department”)(3) to exercise functions of a public nature;

And whereas, in accordance with section 26(4) of the Act of 1989, it appears to the Department that some or all of the people who are employed by each person, who by virtue of the following Order becomes an employer for the purposes of sections 27 to 37 of that Act, who are in the service of the Crown for the purposes of the functions of those persons or who are treated by virtue of the following Order as so employed or as in such service, are employed or serve in Northern Ireland;

Now, therefore, the Department in exercise of the powers conferred on it by section 25(1) and (2) of the Act of 1989 and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996 and shall come into operation on 1st January 1997.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954 shall apply to this Order as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 1989

3.  For the Schedule to the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 1989(4) there shall be substituted the Schedule to this Order.

Sealed with the Official Seal of the Department of Economic Development on 21st October 1996.

L.S.

W. D. A. Haire

Assistant Secretary

Article 3

SCHEDULE

“SCHEDULE

Part I PUBLIC AUTHORITIES FOR THE PURPOSES OF SECTIONS 27 TO 42 OF THE ACT OF 1989:

• Agricultural Research Institute of Northern Ireland

• Altnagelvin Hospitals Health and Social Services Trust

• Armagh and Dungannon Health and Social Services Trust

• Arts Council of Northern Ireland

• Assembly Ombudsman for Northern Ireland

• Belfast City Hospital Health and Social Services Trust

• Belfast Education and Library Board

• Belfast Harbour Commissioners

• British Broadcasting Corporation

• Causeway Health and Social Services Trust

• Chief Constable of the Royal Ulster Constabulary

• Chief Electoral Officer for Northern Ireland

• Citybus Limited

• Coleraine Harbour Commissioners

• Comptroller and Auditor General for Northern Ireland

• Construction Industry Training Board

• Council for Catholic Maintained Schools

• Craigavon Area Hospital Group Health and Social Services Trust

• Craigavon and Banbridge Community Health and Social Services Trust

• Any District Council

• Down Lisburn Health and Social Services Trust

• Eastern Health and Social Services Board

• Enterprise Ulster

• Equal Opportunities Commission for Northern Ireland

• Fair Employment Commission for Northern Ireland

• Fire Authority for Northern Ireland

• Fisheries Conservancy Board for Northern Ireland

• Flexibus Limited

• Foyle Fisheries Commission

• Foyle Health and Social Services Trust

• General Consumer Council for Northern Ireland

• Green Park Health and Social Services Trust

• Homefirst Community Health and Social Services Trust

• Independent Commission for Police Complaints for Northern Ireland

• Labour Relations Agency

• Laganside Corporation

• Livestock and Meat Commission

• Local Enterprise Development Unit

• Local Government Staff Commission for Northern Ireland

• Londonderry Port and Harbour Commissioners

• Mater Infirmorum Hospital Health and Social Services Trust

• Mental Health Commission for Northern Ireland

• National Board for Nursing, Midwifery and Health Visiting for Northern Ireland

• Newry and Mourne Health and Social Services Trust

• North Down and Ards Community Health and Social Services Trust

• North Eastern Education and Library Board

• North and West Belfast Health and Social Services Trust

• Northern Health and Social Services Board

• Northern Ireland Ambulance Service Health and Social Services Trust

• Northern Ireland Blood Transfusion Service Agency

• Northern Ireland Central Services Agency for the Health and Social Services

• Northern Ireland Commissioner for Complaints

• Northern Ireland Community Relations Council

• Northern Ireland Council for the Curriculum, Examinations and Assessment

• Northern Ireland Council for Postgraduate Medical and Dental Education

• Northern Ireland Economic Development Office

• Northern Ireland Fishery Harbour Authority

• Northern Ireland Guardian Ad Litem Agency

• Northern Ireland Health Promotion Agency

• Northern Ireland Housing Executive

• Northern Ireland Local Government Officers' Superannuation Committee

• Northern Ireland Railways Company Limited

• Northern Ireland Regional Medical Physics Agency

• Northern Ireland Tourist Board

• Northern Ireland Transport Holding Company

• Police Authority for Northern Ireland

• Post Office

• Probation Board for Northern Ireland

• Rathgael and Whiteabbey Schools Management Board

• Royal Group of Hospitals and Dental Hospital Health and Social Services Trust

• South and East Belfast Health and Social Services Trust

• South Eastern Education and Library Board

• Southern Education and Library Board

• Southern Health and Social Services Board

• Sperrin Lakeland Health and Social Services Trust

• Sports Council for Northern Ireland

• Staff Commission for Education and Library Boards

• The Board of Governors of Stranmillis College of Education, Belfast

• Trustees of the Ulster Folk and Transport Museum

• Trustees of the Ulster Museum

• Ulster, North Down and Ards Hospitals Health and Social Services Trust

• Ulster Sheltered Employment Limited

• Ulsterbus Limited

• United Hospitals Health and Social Services Trust

• Warrenpoint Harbour Authority

• Western Education and Library Board

• Western Health and Social Services Board

• Youth Council for Northern Ireland

Part II PUBLIC AUTHORITIES FOR THE PURPOSES OF SECTIONS 38 TO 42 OF THE ACT OF 1989:

• Minister of Agriculture, Fisheries and Food

• Commissioners of Customs and Excise

• Secretary of State for Defence

• Secretary of State for Environment

• Secretary of State for the Home Department

• Board of Inland Revenue

• The Lord Chancellor

• The Controller of Her Majesty’s Stationery Office

• The Director-General for Electricity Supply for Northern Ireland

• The Director-General of Gas for Northern Ireland

• The Director of Savings (Department for National Savings)

• Health and Safety Agency for Northern Ireland

• Secretary of State for Northern Ireland

• Secretary of State for Social Security

• Secretary of State for Trade and Industry

• Secretary of State for Transport

• Any Northern Ireland Department

• The Head of any Northern Ireland Department”

Explanatory Note

(This note is not part of the Order.)

This Order further amends the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 1989 (“the 1989 Order”) which specifies a number of persons or bodies as public authorities for certain purposes under Part II of the Fair Employment (Northern Ireland) Act 1989 (“the Act of 1989”) and provides for the persons who are to be treated for such purposes as the employees of some of those authorities.

Part I of the Schedule to the 1989 Order lists the bodies who are public authorities for the purposes of sections 27 to 42 of the Act of 1989. Article 3 of this Order substitutes a new list of such bodies. The principal changes are:—

(a) the reference to the Northern Ireland Parliamentary Commissioner for Administration is replaced by a reference to the Assembly Ombudsman for Northern Ireland following a change of title under the Ombudsman (Northern Ireland) Order 1996;

(b) the Altnagelvin Hospitals Health and Social Services Trust, Armagh and Dungannon Health and Social Services Trust, Foyle Health and Social Services Trust, Homefirst Community Health and Social Services Trust, Sperrin Lakeland Health and Social Services Trust and United Hospitals Health and Social Services Trust, which were established under the Health and Personal Social Services (Northern Ireland) Order 1991, are added to the list; and

(c) the Pigs Marketing Board (Northern Ireland) has been voluntarily wound up and is deleted from the list.

Part II of the Schedule to the 1989 Order lists the bodies who are public authorities for the purposes of sections 38-42 of the Act of 1989. Article 3 of this Order substitutes a new list of such bodies. The only change of substance lies in the inclusion of the Director-General of Gas for Northern Ireland appointed under the Gas (Northern Ireland) Order 1996.

(1)

1989 c. 32

(2)

1954 c. 33 (N.I.)

(3)

See section 47(5) of the Act of 1989 as read with section 57(1) of the Fair Employment (Northern Ireland) Act 1976 (c. 25); the Department of Manpower Services was renamed the Department of Economic Development by S.I. 1982/846 (N.I. 11) Article 3

(4)

S.R. 1989 No. 475 as amended by S.R. 1990 No. 453; S.R. 1993 No. 4; S.R. 1993 No. 459; S.R. 1995 No. 10 and S.R. 1995 No. 430