The Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012

Citation and commencement

1.  This Order may be cited as the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012 and, subject to Article 3, shall come into operation on 27th September 2012.

Interpretation

2.  In this Order—

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

“the Fair Employment Tribunal” means the Fair Employment Tribunal for Northern Ireland established under Article 81 of the Fair Employment and Treatment (Northern Ireland) Order 1998;

“the Scheme” means the arbitration scheme set out in the Schedule with the exception of paragraphs 40, 89, 108, 110 to 115, 119, 123 and 124.

Revocations and savings

3.—(1) Subject to the following paragraphs, the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002(1) (“the 2002 Order”) and the Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006(2) (“the 2006 Order”) are revoked.

(2) The 2002 Order shall continue to have effect in respect of any agreement concluded before 27th September 2012 to refer a dispute to arbitration in accordance with paragraph 12 of the Schedule to that Order.

(3) The 2006 Order shall continue to have effect in respect of any agreement concluded before 27th September 2012 to refer a dispute to arbitration in accordance with paragraph 13 of the Schedule to that Order.

Commencement of the Scheme

4.  Subject to Article 3, the Scheme set out in the Schedule shall have effect.

Application of Part I of the Arbitration Act 1996

5.  The provisions of Part I of the Arbitration Act 1996(3) referred to in paragraphs 40, 89, 108, 110 to 115, 119, 123 and 124 of the Schedule and reproduced in Appendix B of the Schedule shall apply with the modifications specified in those paragraphs to arbitrations conducted in accordance with the Scheme.

Application of Terms of Reference

6.  Section 46(1)(b) of the Arbitration Act 1996, reproduced in Appendix B of the Schedule, shall apply to arbitrations conducted in accordance with the Scheme, modified such that the arbitral tribunal shall decide the dispute, if the parties so agree, in accordance with the Terms of Reference in paragraph 10 of the Schedule.

Sealed with the Official Seal of the Department for Employment and Learning on 26th July 2012.

Dr Stephen Farry

Minister for Employment and Learning