2004 No. 150 (C. 7)
EMPLOYMENT

Employment (Northern Ireland) Order 2003 (Commencement and Transitional Provisions) Order (Northern Ireland) 2004

Made
The Department for Employment and Learning, in exercise of the powers conferred on it by Article 1(2) and (3) of the Employment (Northern Ireland) Order 20031, and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and interpretation1.

(1)

This Order may be cited as the Employment (Northern Ireland) Order 2003 (Commencement and Transitional Provisions) Order (Northern Ireland) 2004.

(2)

In this Order –

“the 2003 Order” means the Employment (Northern Ireland) Order 2003;

“the 1996 Order” means the Employment Rights (Northern Ireland) Order 19962.

Commencement2.

(1)

The provisions of the 2003 Order specified in Part I of Schedule 1 shall come into operation on 31st March 2004.

(2)

The provisions of the 2003 Order specified in Part II of Schedule 1 shall come into operation on 30th April 2004.

(3)

The provisions of the 2003 Order specified in Part III of Schedule 1 shall come into operation on 1st May 2004.

(4)

Schedule 6 to the 2003 Order to the extent that it repeals the provision specified in Schedule 2 shall come into operation on 31st March 2004.

Transitional provisions3.

The transitional provisions in Schedule 3 shall have effect.

Sealed with the Official Seal of the Department for Employment and Learning on 30th March 2004.

R. B. Gamble
A senior officer of the
Department for Employment and Learning

SCHEDULE 1

Article 2(1)

PART IProvisions Coming Into Operation on 31st March 2004

Provisions

Subject Matter of Provisions

Article 13

Pre-hearing reviews and preliminary matters

Article 15(2) and (3)

Statutory dispute resolution procedures

Article 16(3)

Contracts of employment

Article 17(6) and (7)

Non-completion of statutory procedure: adjustment of awards by industrial tribunals

Article 18(6) and (7)

Non-completion of statutory procedure: adjustment of awards by Fair Employment Tribunal

Article 19(7) to (10)

Complaints about grievances: industrial tribunals

Article 20(6) to (9)

Complaints about grievances: Fair Employment Tribunal

Article 21

Consequential adjustment of time limits: industrial tribunals

Article 22

Consequential adjustment of time limits: Fair Employment Tribunal

In Schedule 5 –

  1. (i)

    paragraph 2(3) and (5);

  2. (ii)

    paragraph 5; and

  3. (iii)

    paragraph 6.

Consequential amendments

PART IIProvisions Coming into Operation on 30th April 2004

Article 2(2)

Provision

Subject Matter of Provision

Article 30

Equal pay: questionnaires

PART IIIProvisions Coming into Operation on 1st May 2004

Article 2(3)

Provision

Subject Matter of Provision

Article 31

Union learning representatives

In Schedule 5 –

  1. (i)

    paragraph 1(1) and (2); and

  2. (ii)

    paragraph 2(10).

Consequential amendments

SCHEDULE 2REPEAL COMING INTO OPERATION ON 31ST MARCH 2004

Article 2(4)

Number

Short title

Extent of repeal

1998/3162 (N.I. 21)

The Fair Employment and Treatment (Northern Ireland) Order 1998

Article 84(2)(f)

SCHEDULE 3TRANSITIONAL PROVISIONS

Article 3

1.

For the purposes of Article 92A of the 1996 Order (inserted by Article 31 of the 2003 Order), the requirements of paragraph (3) of the Article (notice to employer and training condition) shall be treated as being satisfied in relation to an employee if –

(a)

immediately before 1st May 2004 he has the function of carrying on any or all of the activities mentioned in Article 92A(2) in relation to qualifying members of the trade union and has had that function for a continuous period of six months or more; and

(b)

he acquired that function by reason of being appointed or elected, in accordance with the rules of the trade union, to carry it on.

(This note is not part of the Order.)

This Order brings into operation –

(a)

on 31st March 2004, the provisions of the Employment (Northern Ireland) Order 2003 specified in Part I of Schedule 1, which relate to pre-hearing reviews and preliminary matters and statutory dispute resolution procedures;

(b)

on 30th April 2004, the provision of the Employment (Northern Ireland) Order 2003 specified in Part II of Schedule 1 relating to equal pay questionnaires;

(c)

on 1st May 2004, the provision of the Employment (Northern Ireland) Order 2003 specified in Part III of Schedule 1 relating to union learning representatives.