SCHEDULE IMEMORANDUM OF RECIPROCAL ARRANGEMENTS RELATING TO REDUNDANCY PAYMENTS BETWEEN THE MINISTER OF LABOUR, WITH THE CONSENT OF THE TREASURY, OF THE ONE PART AND THE MINISTER OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND, WITH THE CONSENT OF THE MINISTRY OF FINANCE FOR NORTHERN IRELAND, OF THE OTHER PART

Regulation 3

1

1

In this Memorandum, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

  • “the Acts” means, in relation to Great Britain, the Redundancy Payments Act 1965, and, in relation to Northern Ireland, Parts II, III and IV of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965, in each case as amended, modified, adapted, extended or supplemented by any subsequent enactment or by any order or regulations and the expressions “Great Britain Act” and “Northern Ireland Act” shall be construed accordingly;

  • “country” means Great Britain or Northern Ireland, as the case may require;

  • “exemption order” means, as the case may require, an order under section 11 of the Great Britain Act or under section 21 of the Northern Ireland Act.

2

Unless the context otherwise requires, expressions in this Memorandum shall have the same meanings as in the Acts.

3

The Interpretation Act 1889 applies to the interpretation of this Memorandum as it applies to the interpretation of an Act of Parliament.

2

For the purposes of all or any of the provisions of the systems of redundancy payments established by the Acts, acts, omissions and events and in particular redundancy, employment, dismissal, lay-off, short-time, redundancy fund contribution paid or payable, redundancy payment paid or claimed, agreed payment paid or claimed, exemption order, rebate paid or claimed, residence, having effect for all or any of those purposes in one country shall have a corresponding effect for all or any of those purposes in the other country:

Provided that, this article shall not confer a right to double payment in respect of the same act, omission or event.

3

The Minister of Labour and the Minister of Health and Social Services for Northern Ireland acting together shall from time to time determine the procedure appropriate for the purposes of these arrangements, including all matters of an incidental and supplementary nature which in their opinion are relevant for the purpose of giving effect thereto.

4

This Memorandum of arrangements shall come into operation on the 6th December 1965, but the said Minister of Labour or the said Minister of Health and Social Services for Northern Ireland may terminate the arrangements on giving not less than six months previous notice in writing.

SCHEDULE 2

PART I

Provisions of the Act, orders and regulations applying for the purposes of the Northern Ireland Act.

Provision

Subject matter

Section 11

Exemption Orders.

Subsection (2) of section 12

Claims as to recognised terms and conditions.

Subsection (2) of section 18

Penalty for failure to give particulars of redundancy payment.

Subsection (6) of section 30

Reduction of rebate for failure to comply with regulations.

Subsection (7) of section 30 and subsection (3) of section 33

Penalty for failure to provide information or for making false statement or producing false document.

PART IIMODIFICATIONS

In the provisions of the Act, orders and regulations specified or referred to in Part I of this Schedule—

  1. a

    references to the Act shall be construed as including references to the Northern Ireland Act;

  2. b

    references to the Minister shall be construed as including references to the Minister of Health and Social Services for Northern Ireland;

  3. c

    references in subsections (6) and (7) of section 30 of the Act to regulations shall be construed as including references to regulations for the time being in force under section 40 of the Northern Ireland Act;

  4. d

    references to the Terms and Conditions of Employment Act 1959 shall be construed as including references to the Terms and Conditions of Employment Act (Northern Ireland) 1963;

  5. e

    references in subsection (2) of section 12 of the Act to the Industrial Court shall include references to the Industrial Court (Northern Ireland);

  6. f

    references to an order of the Minister of Labour under section 11 of the Act shall be construed as including references to an order of the Ministry of Health and Social Services for Northern Ireland under section 21 of the Northern Ireland Act.