The Industrial Relations (Northern Ireland) Order 1992

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Industrial Relations (Northern Ireland) Order 1992.

(2) This Order shall come into operation on such day or days as the Head of the Department of Economic Development may by order appointF1 .

(3) Without prejudice to Article 107(3), an order under paragraph (2) may contain such transitional and supplementary provisions as appear to the Head of the Department of Economic Development to be necessary or expedient.

F1 fully exercised by SR 1992/212

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

[F3 (1A) Articles 2(2), 144 and 145 (interpretation) of the Trade Union and Labour Relations (Northern Ireland) Order 1995 shall apply in relation to this Order as they apply in relation to that Order.]

(2) In this Order—

• Definitions rep. by 1995 NI 12

• [F4 “agency worker” has the meaning given in regulation 3 of the Agency Workers Regulations (Northern Ireland) 2011;]

• [F3 “agent”, in relation to a trade union or employers' association, means a banker or solicitor of, or any person employed as an auditor by, the union or association or any branch or section of the union or association;]

• “the appointed day”, in any provision, means the day appointed under Article 1(2) for the coming into operation of that provision;

• Definition rep. by 1995 NI 12

• “collective agreement” means any agreement or arrangement made by or on behalf of one or more trade unions and one or more employers or employers' associations and relating to one or more of the matters mentioned in[F3 Article 96(1)];

• “collective bargaining” means negotiations relating to or connected with one or more of the matters mentioned in[F3 Article 96(1)];

• Definition rep. by 1995 NI 12

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• Definitions rep. by 1995 NI 12

• [F3 “financial affairs”, in relation to a trade union or employers' association, means affairs of the union or association relating to any fund which is applicable for the purposes of the union or association (including any fund of a branch or section of the union or association which is so applicable);]

• “independent trade union” means a trade union which—

  (a)

  is not under the domination or control of an employer or a group of employers or of one or more employers' associations; and

  (b)

  is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatsoever) tending towards such control;

  and, in relation to a trade union, “independence” and “independent” shall be construed accordingly;

• Definition rep. by 1995 NI 12

• “the Industrial Court” means the Industrial Court constituted underArticle 91;

• Definitions rep. by 1995 NI 12

• “strike” means any concerted stoppage of work;

• Definitions rep. by 1995 NI 12

• Paras.(3)‐(9) rep. by 1995 NI 12

(10) For the purposes of this Order any two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control; and in this Order “associated employer” shall be construed accordingly.

(11) For the purposes of this Order it is immaterial whether the law which (apart from this Order) governs any person's employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.

F2 1954 c.33 (NI)

F3 1995 NI 12

F4 Art. 2(2): definition of "agency worker" inserted (5.12.2011) by Agency Workers Regulations (Northern Ireland) 2011 (S.R. 2011/350), reg. 23(2), Sch. 2 para. 2

F5 Art. 2(2): definition of "the Companies Order" omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 136(2) (with art. 10)