Statutory Rules of Northern Ireland
2009 No. 266
Employment
The Working Time (Amendment) Regulations (Northern Ireland) 2009
Made
10th July 2009
Coming into operation
1st August 2009
The Department of Health, Social Services and Public Safety(1), being designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to measures relating to the organisation of working time, makes the following Regulations in exercise of the powers conferred by that section.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Working Time (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 1st August 2009.
(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Amendments to regulation 25A of the Working Time Regulations (Northern Ireland) 1998
2. In regulation 25A (doctors in training) of the Working Time Regulations (Northern Ireland) 1998(5)–
(a)for paragraph (1) substitute—
“(1) Paragraph (1) of regulation 4 is modified in its application to workers to whom this paragraph applies by substituting for the reference to 48 hours a reference to 52 hours with effect from 1st August 2009 until 31st July 2011.
(1A) Paragraph (1) applies to workers who are doctors in training who are employed—
(a)by an employer who is listed in column 1 of the table contained in Schedule 2A,
(b)at a place listed in column 2 of that table in respect of that employer,
(c)to provide at that place one of the specialist services listed in column 3 of that table in respect of that place, and
(d)in one of the grades listed in column 4 of that table in respect of that specialist service and, where applicable, working as part of a rota referred to in that column in respect of that grade, or those grades.”
New Schedule 2A to the Working Time Regulations (Northern Ireland) 1998
3. After Schedule 2 (Workers employed in agriculture) of the Working Time Regulations (Northern Ireland) 1998 insert—
Regulation 25A(1A)
“SCHEDULE 2ADoctors in training
Column 1 Employer | Column 2 Place | Column 3 Specialist Services | Column 4 Grade and, where applicable, rota |
|---|---|---|---|
| Western Health and Social Care Trust | Erne Hospital | Surgery | CT1/LAT/CT2 |
| Paediatrics | FTSTA/LAT | ||
Belfast Health and Social Care Trust | Belfast City Hospital | Anaesthetics | ST3+ |
| Ear, Nose and Throat | CT1-2/ST1-2/F2/FTSTA | ||
| Mater Hospital | Anaesthetics | ST3+/ ST1-2/CT1-2/FTSTA | |
| Royal Victoria Hospital | Neurosurgery | ST3+ | |
| Fractures | F1 | ||
| Fractures | F2/CT1-2/ST1-2/FTSTA | ||
| Cardiology | F2/CT1-3/ST1-2/FTSTA | ||
| Northern Health and Social Care Trust | Mid Ulster Hospital | Medicine/Surgery | F1 |
| Antrim Hospital | General Surgery | F2/ST1-2 | |
| General Surgery | SpR/ST3 | ||
| Southern Health and Social Care Trust | Craigavon Area Hospital | Obstetrics and Gynaecology | SpR |
| Anaesthetics | SpR | ||
South Eastern Health and Social Care Trust | Ulster Hospital | Obstetrics and Gynaecology | SpR/ST3 |
| General Surgery | F2/ST1” |
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 10th July 2009
Dr Patrick Woods
A senior officer of the
Department of Health, Social Services and Public Safety
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations implement the third subparagraph of Article 17(5) of Directive 2003/88/EC concerning certain aspects of the organisation of working time (OJ No. L299, 18.11.2003, p. 9).
Regulation 2 amends regulation 25A of the Working Time Regulations (Northern Ireland) 1998. These amendments provide for the 48 hour working time limit for doctors in training to be increased to 52 hours for certain doctors in training until 31st July 2011. Regulation 3 inserts a new Schedule 2A into the Working Time Regulations (Northern Ireland) 1998, which lists those categories of doctors in training to whom this 52-hour working time limit applies.
A full regulatory impact assessment has not been produced for this rule as no impact on the private or voluntary sectors is foreseen.
See S.I. 1999/283 (N.I. 1) Article 3(6)
S.R. 1998 No.386; Regulation 25A was inserted by regulation 8 of the Working Time (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003 No..330)