The Employment (Northern Ireland) Order 2003

Article 35

SCHEDULE 5 CONSEQUENTIAL AMENDMENTS

The Industrial Relations (Northern Ireland) Order 1992 (NI 5)

1.—(1) In Articles 90(1) and 95(1) at the end insert “or for purposes connected with trade union learning representatives”.

(2) For Article 90(5) for the words “guidance on the matters referred to in paragraph (2)(a) or (b)” substitute

• “guidance—

  (a)

  on the time off to be permitted to a trade union learning representative in accordance with Article 92A (time off for training and carrying out functions as a learning representative);

  (b)

  on the training that is sufficient to enable a trade union learning representative to carry on the activities mentioned in Article 92A(2) (activities for which time off is to be permitted), or

  (c)

  on any of the matters referred to in paragraph (2),”.

The Employment Rights (Northern Ireland) Order 1996 (NI 16)

2.—(1) In Article 22(3) for “153, 155 or 162A” substitute “146, 153, 154 or 155”.

(2) In Article 23(1) for “or” at the end of sub-paragraph (b) substitute—

“(ba) an award under Article 146(5); or”.

(3) The Article 70D which was inserted by Article 15(3) of the Employment (Northern Ireland) Order 2002—

(a) shall be renumbered as Article 70E; and

(b) shall be taken to have been inserted after the Article 70D which was inserted by paragraph 2(2) of Schedule 1 to the Tax Credits Act 2002;

and, accordingly, in Article 71(1) for “70D” substitute “70E”.

(4) In Article 130(6) for “131” substitute “130A”.

(5) In Article 140(3) after sub-paragraph (fg) insert—

“(fh) Article 135C applies;”.

(6) In Article 146(4) and 151(3)(a) for “162A” substitute “161”.

(7) In Article 152(1)(b) omit “and 162A(1), (3) and (4)”.

(8) In Article 157(1) for “to 162 and 162A(1), (3) and (4)” substitute “and 161”.

(9) Article 162A shall cease to have effect.

(10) In Article 251(3)(a) after “63(7)” insert “, 92A(11)”.

The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

3.  In Article 21, at the end of paragraph (a) insert “and”.

The Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21)

4.—(1) In Article 38 after paragraph (1) there shall be inserted—

“(1A) Paragraph (1) is subject to Article 20 of the Employment (Northern Ireland) Order 2003.”.

(2) In Article 46(1) after “paragraph (5)” insert “and to any regulations under Article 22 of the Employment (Northern Ireland) Order 2003”.

(3) In Article 81(1) at the end add “or any other statutory provision”.

The Employment Relations (Northern Ireland) Order 1999 (NI 9)

5.  In Article 24(1) at the end add—

“(h) the Employment (Northern Ireland) Order 2003.”.

The Employment (Northern Ireland) Order 2002 (NI 2)

6.  In Schedule 1 for paragraph 1(2) substitute—

“(2) Sub-paragraph (1) does not apply to the imposition of such a penalty as is mentioned in Article 12(2)(a).”.