23.—(1) This Order has effect in relation to Crown employment and persons in Crown employment as it has effect in relation to other employment and other employees.
(2) In this Order “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision.
(3) For the purposes of the application of this Order in relation to Crown employment in accordance with paragraph (1)—
(a)references to an employee shall be construed as references to a person in Crown employment, and
(b)references to a contract of employment shall be construed as references to the terms of employment of a person in Crown employment.
(4) Paragraph (1) applies to—
(a)service as a member of the naval, military or air forces of the Crown, and
(b)employment by an association established for the purposes of Part VI of the [1980 c. 9.] Reserve Forces Act 1980;
but the Secretary of State may by order make any provision of this Order apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the order.
24. The Department may by order—
(a)provide that any provision of this Order which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order, or
(b)provide that any provision of this Order shall apply to persons or employments of such classes as may be prescribed in the order subject to such exceptions and modifications as may be so prescribed.
25.—(1) [F1Subject to paragraph (1A), all] regulations under this Order shall be subject to negative resolution.
[F2(1A) Regulations which include provision under Article 11(2)(a) shall not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.]
(2) An order under ArticleF3. . . 23(4) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.
(3) An order under Article[F3 5,] 6(4) or 24 shall—
(a)be laid before the Assembly as soon as may be after it is made,
(b)come into operation on such date as is specified in the order, and
(c)cease to have effect upon the expiration of a period of 6 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.
(4) All other orders made by the Department under this Order (other than an order under Part II of Schedule 2) shall be subject to negative resolution.
(5) Regulations and orders under this Order may contain incidental, supplementary and transitional provisions.
F1Words in art. 25(1) substituted (20.9.2021) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 4(2)(a), 29(2); S.R. 2021/253, art. 2(a)
F2Art. 25(1A) inserted (20.9.2021) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 4(2)(b), 29(2); S.R. 2021/253, art. 2(a)
F3SI 1999/663
Article 26—Amendments
27. Schedule 2 (transitional provisions, savings and transitory provisions) shall have effect.
Article 28—Repeals