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The Industrial Relations (Northern Ireland) Order 1992
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The Industrial Relations (Northern Ireland) Order 1992, Section 92 is up to date with all changes known to be in force on or before 04 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 92:
- Instrument excl by 1994 c. 33 s. 127(8)
- Instrument restr (pt retrosp) by 1994 c. 33 s. 126(1) s. 126(2)(b) (4)
[F1Proceedings of the CourtN.I.
92.—(1) For the purposes of discharging any of its functions, the Court shall consist of such of the members of the Court as the chairman may direct.
(2) If in any case the Court cannot reach a unanimous decision on its award, the chairman shall decide the matter acting with the full powers of an umpire.
(3) The Department may make, or authorise the Industrial Court to make, rules regulating the procedure of the Court and such rules may provide—
(a)for references in certain cases to a single member of the court;
(b)for the Court to sit in two or more divisions;
(c)for the Court to sit with assessors;
(d)for the Court, or any division of the Court, to act notwithstanding any vacancy in its number;
(e)for enabling questions as to the interpretation of any award to be settled without any fresh reference;
(f)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(4) In any proceedings before the Court under Article 84(2)(e)(ii) (settlement of trade dispute by arbitration) no person shall be entitled to appear by counsel or solicitor.]
(5) Where any trade dispute referred to the Court under Article 84(2)(e) involves questions as to wages or as to hours of work or otherwise as to the terms and conditions of or affecting employment which are regulated by any statutory provision, the Court shall not make any award which is inconsistent with that statutory provision.
(6) Subject to paragraphs (1) to (5), the Court shall determine its own procedure.
(7) [F4Part 1 of the Arbitration Act 1996] shall not apply to any proceedings before the Court.
(8) In relation to the discharge of the Court's functions under Schedule 1A to the Trade Union and Labour Relations Order—
(a)Article 92A and paragraph (7) shall apply; and
(b)paragraphs (1) to (6) shall not apply.]
F2Art. 92(3)(f) repealed (3.8.2010) by Employment Act (Northern Ireland) 2010 (c. 12), ss. 4(a), 7(2), 8(2), Sch. 2
F3Art. 92(4) substituted (3.8.2010) by Employment Act (Northern Ireland) 2010 (c. 12), ss. 4(b), 8(2)
F4Words in art. 92(7) substituted (3.8.2010) by Employment Act (Northern Ireland) 2010 (c. 12), ss. 7(1), 8(2), Sch. 1 para. 4(2)
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