Draft Regulations laid before the Assembly under Article 15(6) of the Work and Families (Northern Ireland) Order 2006, for approval

Draft Statutory Rules of Northern Ireland

2024 No. 0000

Employment

The Working Time (Amendment) Regulations (Northern Ireland) 2024

Made

2024

Coming into operation in accordance with regulation 1

The Department for the Economy makes these Regulations in exercise of the powers conferred by Article 15(1) and (2) of the Work and Families (Northern Ireland) Order 2006(1), and now vested in it(2):

Citation and commencement

1.  These Regulations may be cited as the Working Time (Amendment) Regulations (Northern Ireland) 2024 and shall come into operation on the day after which they are approved.

Amendments to the Working Time Regulations (Northern Ireland) 2016

2.—(1) The Working Time Regulations (Northern Ireland) 2016(3) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(2) (interpretation)(4), for the definition of “statutory leave” substitute—

““statutory leave” means leave provided for in Part IX of the 1996 Order;”.

(3) In regulation 17(5) (compensation related to entitlement to leave)(5), for “regulation 16(7)” substitute “regulation 16(6) or (7)”.

Sealed with the Official Seal of the Department for the Economy on 2024.

Conor Murphy

Minister for the Economy

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Working Time Regulations (Northern Ireland) 2016 to include express provision about the rights of workers, in certain circumstances, to carry forward annual leave into subsequent leave years and the calculation of holiday pay in relation to those rights.

An impact assessment has not been produced for these regulations as the purpose of the regulations is to restate certain employment rights to ensure those rights continue to apply and provide legal certainty.

(1)

S.I. 2006/1947 (N.I. 16); Article 15 was amended by the Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No.2) Regulations 2019 (S.I. 2019/538) and the Work and Families Act (Northern Ireland) 2015 (2015 (c. 1) (N.I)).

(2)

The functions of the Department for Employment and Learning under the Work and Families (Northern Ireland) Order 2006 were transferred to the Department for the Economy by Article 6(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76).

(3)

S.R. 2016 No. 49.

(4)

S.R. 2016 No. 49; the definition of “statutory leave” was inserted by the Working Time (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023 No. 223).

(5)

S.R. 2016 No. 49; regulation 17(5) was inserted by the Working Time (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020 No. 68) and amended by the Working Time (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023 No. 223).