Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2003

Meaning of employment in Northern Ireland N.I.

6.—(1) In Article 6 of the Fair Employment and Treatment Order (meaning of employment in Northern Ireland and occupation in Northern Ireland), in paragraph (1), for the words from “unless the employee” to the end, substitute –

• “if the employee –

  (a)

  does his work wholly or partly in Northern Ireland; or

  (b)

  does his work wholly outside Northern Ireland and paragraph (1A) applies.”.

(2) After paragraph (1) of that Article insert –

“(1A) This paragraph applies if –

(a) the employer has a place of business at an establishment in Northern Ireland;

(b) the work is for the purposes of the business carried on at that establishment; and

(c) the employee is ordinarily resident in Northern Ireland –

(i) at the time when he applies for or is offered the employment, or

(ii) at any time during the course of the employment.”.

(3) For paragraph (3) of that Article substitute –

“(3) In relation to employment concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources, the Department may by order provide that –

(a) paragraph (1) shall have effect as if the references to Northern Ireland in sub-paragraphs (a) and (b) included any area for the time being designated under section 1(7) of the Continental Shelf Act 1964, or any part of such an area, in which the law of Northern Ireland applies; and

(b) paragraph (2) shall have effect as if the last reference to Northern Ireland included such an area, or any part of such an area.”.

Commencement Information

I1 Reg. 6 in operation at 10.12.2003, see reg. 1(1)