Employment Relations (1999 Order) (Commencement No. 6 and Transitional Provisions) Order (Northern Ireland) 2002
Citation and interpretation1.
(1)
This Order may be cited as the Employment Relations (1999 Order) (Commencement No. 6 and Transitional Provisions) Order (Northern Ireland) 2002.
(2)
In this Order –
“the 1999 Order” means the Employment Relations (Northern Ireland) Order 1999.
Commencement2.
Article 6 of, and Schedule 3 to, the 1999 Order (ballots and notices) shall come into operation on 13th October 2002.
Transitional provisions3.
(1)
The amendments to Article 105 of the 1995 Order (made by paragraph 3 of Schedule 3 to the 1999 Order) shall apply in relation to a notice given pursuant to that Article where a trade union –
(a)
takes the steps or any of the steps referred to in Article 105 of the 1995 Order in relation to the notice mentioned in paragraph (1)(a) of that Article after 12th October 2002; or
(b)
takes the steps referred to in Article 105 of the 1995 Order in relation to that notice before 13th October 2002 and reasonably believes that the notice will be received by the employer after 12th October 2002.
(2)
The amendments to Articles 110, 111 and 129, substitution of Article 109 and insertion of Articles 109A and 115B of the 1995 Order (made by paragraphs 5, 6, 7 and 9 of Schedule 3 to the 1999 Order) shall have effect in relation to all ballots in respect of which the notice required by Article 105 of the 1995 Order is subject to the amendments made to that Article by the 1999 Order.
(3)
Subject to paragraph (4), the amendments to Articles 104, 108, 117, 118 and insertion of Article 115A of the 1995 Order (made by paragraphs 2, 4, 8, 10 and 11 of Schedule 3 to the 1999 Order) shall have effect only in relation to a ballot where the date of the ballot falls after 12th October 2002.
(4)
Article 118 (7B) of the 1995 Order (inserted by paragraph 11 of Schedule 3 to the 1999 Order) shall have effect in relation to agreements concluded after 12th October 2002.
Sealed with the Official Seal of the Department for Employment and Learning on 11th October 2002.
This Order brings into operation on 13th October 2002, Article 6 of and Schedule 3 to, the Employment Relations (Northern Ireland) Order 1999. These provisions amend Part VIII of the Trade Union and Labour Relations (Northern Ireland) Order 1995, which requires trade unions to hold a ballot before organising industrial action. Article 3 of the Order contains transitional provisions relating to ballots and notices.
The following provisions of the Order have been brought into operation by Commencement Order made before the date of this Order:
Provisions | Date of Commencement | S.R. Number |
|---|---|---|
Article 4 and Schedule 2 | 1.12.99 | |
Article 5 | 1.12.99 | |
Paragraphs (1) to (3) of Article 15 | 1.12.99 | |
Article 20 | 1.12.99 | |
Articles 21 to 23 | 1.12.99 | |
Article 24 | 1.12.99 | |
Article 26 | 1.12.99 | |
Article 29 | 1.12.99 | |
Article 30 | 1.12.99 | |
Article 31 | 1.12.99 | |
Article 32 | 1.12.99 | |
Article 33(4) | 1.12.99 | |
Article 34 | 1.12.99 | |
Article 35(1) (partially) | 1.12.99 | |
Article 36 | 1.12.99 | |
Article 37 | 1.12.99 | |
Article 39 | 1.12.99 | |
Schedule 7 (partially) | 1.12.99 | |
Article 40 and Schedule 9 (partially) | 1.12.99 | |
Article 9 and Part I of Schedule 4 | 15.12.99 | |
Article 10 and Part II of Schedule 4 | 15.12.99 | |
Article 11 and Part III of Schedule 4 | 15.12.99 | |
Article 27 | 15.12.99 | |
Article 28 and Schedule 6 | 15.12.99 | |
Article 40 and Schedule 9 (partially) | 15.12.99 | |
Article 33 paragraphs (1), (2), (3), (5) and (6) | 2.02.00 | |
Article 35 paragraph (1) (to the extent not already in operation), and paragraph (2) | 2.02.00 | |
Article 40 and Schedule 9 (partially) | 2.02.00 | |
Article 18 and Schedule 5 | 24.04.00 | |
Article 3 and Schedule 1 | 8.03.01 | |
Article 7 | 8.03.01 | |
Article 8 | 8.03.01 | |
Article 25 | 8.03.01 | |
Article 12 | 2.06.02 |