The Fair Employment and Treatment (Northern Ireland) Order 1998 No. 3162 (NI. 21)

SCHEDULES

SCHEDULE 4 N.I. TRANSITIONAL PROVISIONS AND SAVINGS

Article 26 and Part IV N.I.

1.—(1) Article 26 of this Order shall not apply in relation to any act done before that Article comes into operation. N.I.

(2) Part IV of this Order shall not apply in relation to any act done before that Part comes into operation.

National security certificates N.I.

2.  In relation to any act done before the coming into operation of Article 79— N.I.

(a) Article 79 shall have effect as if paragraph (b) of that Article were omitted; and

(b) Article 80 shall have effect as if paragraphs (1)(b)(ii) and (3)(b) of that Article were omitted.

3.  In relation to any act done before the coming into operation of Article 96— N.I.

(a) Article 53 of the [1976 NI 15.] Sex Discrimination (Northern Ireland) Order 1976 (as substituted by Article 96) shall have effect as if paragraph (b) were omitted; and

(b) Article 53ZA of the Sex Discrimination (Northern Ireland) Order 1976 (as substituted by Article 96) shall have effect as if paragraphs (1)(b)(ii) and (3)(b) were omitted.

4.  In relation to any act done before the coming into operation of Article 98— N.I.

(a) Article 41 of the [1997 NI 6.] Race Relations (Northern Ireland) Order 1997 (as substituted by Article 98) shall have effect as if paragraph (b) were omitted; and

(b) Article 41A of the Race Relations (Northern Ireland) Order 1997 (as substituted by Article 98) shall have effect as if paragraphs (1)(b)(ii) and (3)(b) were omitted.

Devolution order under section 3 of the Northern Ireland Act 1998 N.I.

5.  If provisions of this Order come into operation before the day appointed by an Order in Council under section 3 of the [1998 c. 47] Northern Ireland Act 1998 for the commencement of Parts II and III of that Act, then until the day so appointed— N.I.

(a) references in those provisions to an Act of the Assembly shall be read as references to a Measure of the Assembly established under section 1 of the [1973 c. 17.] Northern Ireland Assembly Act 1973; and

(b) references in those provisions to a Northern Ireland Minister shall be read as references to the head of a Northern Ireland department.

The Commission N.I.

6.—(1) If provisions of this Order come into operation before the day appointed under section 101(3) of the Northern Ireland Act 1998 for the coming into operation of section 73(1) of that Act, then until the day so appointed— N.I.

(a) references in those provisions to the Commission shall be read as references to the Fair Employment Commission for Northern Ireland; and

(b) section 1 of, and Schedule 1 to, the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976 (as amended by the [1989 c. 32.] Fair Employment (Northern Ireland) Act 1989) shall, notwithstanding the repeal of those Acts by this Order, continue to have effect in relation to that Commission.

The Police (Northern Ireland) Act 1998 (1998 c. 32) N.I.

7.  If Article 94 comes into operation before the day appointed under section 75(1) of the [1998 c. 32.] Police (Northern Ireland) Act 1998 for the coming into operation of section 10(5) of that Act, then until the day so appointed, Article 94 shall have effect— N.I.

(a) as if paragraph (5) were omitted; and

(b) as if the reference to the [1970 c. 9 (N.I.).] Police (Northern Ireland) Act 1998 were a reference to the Police Act (Northern Ireland) 1970.

[F1 Section 50(2) of the Fair Employment (Northern Ireland) Act 1989 N.I.

F1 retrosp. insertion by 2002 NI 2

8.   The repeals effected by this Order do not affect the operation of— N.I.

(a) subsection (2) of section 50 of the Fair Employment (Northern Ireland) Act 1989; or

(b) any provision of the Fair Employment (Northern Ireland) Act 1976 mentioned in that subsection,

in relation to a complaint or act mentioned in that subsection.]