Code of Practice (Redundancy Consultation and Procedures) (Appointed Day) Order (Northern Ireland) 2002

Statutory Rules of Northern Ireland

2002 No. 346

INDUSTRIAL RELATIONS

Code of Practice (Redundancy Consultation and Procedures) (Appointed Day) Order (Northern Ireland) 2002

Made

8th November 2002

Coming into operation

1st December 2002

Whereas a draft of the Code of Practice being brought into operation by the following Order has been laid before the Assembly and approved by Resolution of the Assembly, the Department for Employment and Learning(1), in exercise of the powers conferred by Article 90(7), (9), (10), (13), (17) and 107(3) of the Industrial Relations (Northern Ireland) Order 1992(2), and now vested in it(3), and of every other power enabling it in that behalf, hereby makes the following Order:

Citation

1.  This Order may be cited as the Code of Practice (Redundancy Consultation and Procedures) (Appointed Day) Order (Northern Ireland) 2002.

Code of Practice

2.  Subject to Article 3, the Department for Employment and Learning hereby appoints 1st December 2002 as the day on which the revised Code of Practice on Redundancy Consultation and Procedures issued by the Agency on 18th May 2000, under Article 90(1), (7), (9), (10) and (13) of the Industrial Relations (Northern Ireland) Order 1992, shall have effect.

Transitional provision

3.  The Code which came into effect on 1st October 1998 by virtue of the Code of Practice (Redundancy Consultation and Procedures) (Appointed Day) Order (Northern Ireland) 1998(4) shall only have effect in relation to any proceedings which were before an industrial tribunal or the Industrial Court before 1st December 2002.

Sealed with the Official Seal of the Department for Employment and Learning on 8th November 2002.

L.S.

George O'Doherty

A Senior Officer of the

Department for Employment and Learning

Explanatory Note

(This note is not part of the Order.)

This Order appoints 1st December 2002 as the date upon which the revised Code of Practice on Redundancy Consultation and Procedures (“the Code”) issued by the Labour Relations Agency under Article 90 of the Industrial Relations (Northern Ireland) Order 1992 and approved by Resolution of the Assembly on 14th October 2002, shall come into effect.

Under Article 90(16) of that Order the Code can be admitted in evidence in any proceedings before an industrial tribunal or the Industrial Court and although failure on the part of any person to observe any provision of it shall not of itself render him liable to any proceedings, if any provision of it appears to the tribunal or Court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

The Code is a revision of the Code of Practice on Redundancy Consultation and Procedures issued by the Agency on 9th September 1998 and having effect by virtue of the Code of Practice (Redundancy Consultation and Procedures) (Appointed Day) Order (Northern Ireland) 1998. That Code of Practice continues to have effect in relation to proceedings before an industrial tribunal or the Industrial Court immediately before 1st December 2002.

(1)

Formerly known as the Department of Higher and Further Education, Training and Employment; renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15

(2)

S.I. 1992/807 (N.I. 5)

(3)

Article 4(b) and Part II of Schedule 2 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999/481) transferred functions under the Industrial Relations (Northern Ireland) Order 1992 to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learning

(4)

S.R. 1998/287