The Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) (Amendment) Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 101

INDUSTRIAL TRIBUNALS

Sexual Orientation Discrimination

The Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) (Amendment) Regulations (Northern Ireland) 2007

Made

15th February 2007

Coming into operation

6th April 2007

The Department for Employment and Learning, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to discrimination(2), in exercise of the powers conferred by that section, makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 6th April 2007.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.

Amendment

2.  In the Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) Regulations (Northern Ireland) 2003(4), in regulation 1(2), for the definition of “an award under the Regulations”, substitute—

““an award under the Regulations” means an order under regulation 36(1)(b) of the Regulations for payment of compensation, but does not include an award in respect of—

(a)

costs under rules 38 to 40 and 47 of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005(5);

(b)

allowances under rules 38 and 40 of that Schedule; or

(c)

preparation time under rules 42 to 44 and 47 of that Schedule,

even if that award is made in the same proceedings as an order under regulation 36(1)(b);.”.

Sealed with the Official Seal of the Department for Employment and Learning on 15th February 2007.

D. S. S. McAuley

A senior officer of the

Department for Employment and Learning

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Industrial Tribunals (Interest on Awards in Sexual Orientation Discrimination Cases) Regulations (Northern Ireland) 2003. The amendment is technical in nature. It concerns interest on awards that may be made by industrial tribunals.

Regulation 2(1) makes it clear that an award on which interest is calculated in sexual orientation discrimination cases does not include an award in respect of costs, allowances or preparation time under the rules of procedure governing industrial tribunals.

(1)

1972 c. 68

(2)

See the European Communities (Designation) (No. 3) Order 2002 (S.I. 2002/1819)

(3)

1954 c. 33 (N.I.)

(4)

S.R. 2003 No. 498

(5)

S.R. 2005 No. 150