2004 No. 520 (C. 31)
Employment (Northern Ireland) Order 2003 (Commencement No. 2) 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 No. 2) Order (Northern Ireland) 2004.
2
In this Order, “the 2003 Order” means the Employment (Northern Ireland) Order 2003.
Commencement2
1
The provisions of the 2003 Order specified in Part I of Schedule 1 shall come into operation on 30th January 2005.
2
The provision of the 2003 Order specified in Part II of Schedule 1 shall come into operation on 1st February 2005.
3
The provisions of the 2003 Order specified in Part III of Schedule 1 shall come into operation on 3rd April 2005.
4
Schedule 6 to the 2003 Order to the extent that it repeals the provisions specified in Part I of Schedule 2 shall come into operation on 30th January 2005.
5
Schedule 6 to the 2003 Order to the extent that it repeals the provisions specified in Part II of Schedule 2 shall come into operation on 3rd April 2005.
Sealed with the Official Seal of the Department for Employment and Learning on 21st December 2004.
SCHEDULE 1
PART IPROVISIONS COMING INTO OPERATION ON 30th JANUARY 2005
Provisions | Subject Matter of Provisions |
---|---|
Article 3 | Conciliation |
Article 4 | Power to delegate prescription of forms, etc. |
Article 5 | Determination without a hearing |
Article 6 | Practice directions |
Article 7(1) and (3) | Pre-hearing reviews |
Article 8 | Costs, expenses and allowances |
Article 9 | Power to delegate prescription of forms, etc. |
Article 10 | Determination without a hearing |
Article 11 | Conciliation |
Article 12 | Practice directions |
Article 14 | Costs and allowances |
In Schedule 5 –
| Consequential amendments |
PART IIPROVISION COMING INTO OPERATION ON 1st FEBRUARY 2005
Provision | Subject Matter of Provision |
---|---|
Article 33 | Deputy Certification Officer |
PART IIIPROVISIONS COMING INTO OPERATION ON 3rd APRIL 2005
Provisions | Subject Matter of Provisions |
---|---|
Article 15(1) | Statutory dispute resolution procedures |
Article 17(1) to (5) | Non-completion of statutory procedure: adjustment of awards by industrial tribunals |
Article 18(1) to (5) | Non-completion of statutory procedure: adjustment of awards by Fair Employment Tribunal |
Article 19(1) to (6) | Complaints about grievances: industrial tribunals |
Article 20(1) to (5) | Complaints about grievances: Fair Employment Tribunal |
Article 23 | Procedural fairness in unfair dismissal |
Article 24 | Particulars of procedures relating to discipline or dismissal |
Article 25 | Removal of exemption for small employers |
Article 26 | Use of alternative documents to give particulars |
Article 27 | Failure to give statement of employment particulars, etc.: industrial tribunals |
Article 28 | Failure to give statement of employment particulars, etc.: Fair Employment Tribunal |
Article 29 | Unfair dismissal: adjustments under Articles 17 and 27 |
Schedule 1 | Statutory dispute resolution procedures |
Schedule 2 | Tribunal jurisdictions to which Article 17 applies |
Schedule 3 | Tribunal jurisdictions to which Article 19 applies |
Schedule 4 | Tribunal jurisdictions to which Article 27 applies |
In Schedule 5 –
| Consequential amendments |
SCHEDULE 2
PART IREPEALS COMING INTO OPERATION ON 30th JANUARY 2005
Number | Short title | Extent of repeal |
---|---|---|
The Industrial Tribunals (Northern Ireland) Order 1996 | In Article 21, paragraph (c) and the word “and” immediately before it. | |
The Fair Employment and Treatment (Northern Ireland) Order 1998 | Article 84(2) (g), (i) and (j) |
PART IIREPEALS COMING INTO OPERATION ON 3rd APRIL 2005
Number | Short title | Extent of repeal |
---|---|---|
The Employment Rights (Northern Ireland) Order 1996 | Article 35(3) and (4) Article 152(4) Article 162A | |
The Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 | Article 14 In Schedule 1, paragraphs 8, 10 to 12 and 14 | |
The Employment Relations (Northern Ireland) Order 1999 | Article 13(6) |
(This note is not part of the Order.)
(This note is not part of the Order.)
The following provisions of the Employment (Northern Ireland) Order 2003 have been brought into operation by commencement order made before the date of this Order:
Provisions | Date of Commencement | S.R. Number |
---|---|---|
Article 13 and Schedule 6 (partially) | 31st March 2004 | |
Article 15(2) and (3) | 31st March 2004 | |
Article 16(3) | 31st March 2004 | |
Article 17(6) and (7) | 31st March 2004 | |
Article 18(6) and (7) | 31st March 2004 | |
Article 19(7) to (10) | 31st March 2004 | |
Article 20(6) to (9) | 31st March 2004 | |
Article 21 | 31st March 2004 | |
Article 22 | 31st March 2004 | |
In Schedule 5 paragraphs 2(3) and (5), 5 and 6 | 31st March 2004 | |
Article 30 | 30th April 2004 | |
Article 31 | 1st May 2004 | |
In Schedule 5 paragraphs 1(1) and (2) and 2(10) | 1st May 2004 |