The Education (Modification of Statutory Provisions Relating to Employment) Order (Northern Ireland) 1991

General modifications of statutory provisions relating to employment

3.—(1) In their application to Boards of Governors with delegated budgets or, as the case may be, governing bodies with delegated budgets, the statutory provisions set out in the Schedule shall have effect as if—

(a) any reference (however expressed) to an employer or a principal included a reference to the Board of Governors or, as the case may be, governing body acting in the exercise of its employment powers and as if that Board of Governors or, as the case may be, governing body had at all material times been such an employer or principal;

(b) in relation to the exercise of the employment powers of the Board of Governors or, as the case may be, governing body, employment by the board at a school or institution of further education or, in relation to a teacher at a Catholic maintained school, employment by the Council for Catholic Maintained Schools were employment by the Board of Governors of that school or, as the case may be, governing body of that institution;

(c) references to employees were references to employees at the school or institution in question;

(d) references to dismissal by an employer included references to dismissal by the board or, in relation to a teacher at a Catholic maintained school, the Council for Catholic Maintained Schools following notification of a determination by a Board of Governors under paragraph 5(1) of Schedule 4 to the 1989 Order or a governing body under Article 114(4) of that Order; and

(e) references to trade unions recognised by an employer were references to trade unions recognised by the board, the Council for Catholic Maintained Schools (in relation to teachers at Catholic maintained schools), or the Board of Governors or, as the case may be, governing body.

(2) Nothing in paragraph (1) shall be taken as causing the Board of Governors or, as the case may be, governing body to meet the conditions stated in—

(a) Article 24A(1) of the Industrial Relations (Northern Ireland) Order 1976(1);

(b) Article 30A(1)(s) of the Industrial Relations (No. 2) (Northern Ireland) Order 1976(2); or

(c) Article 4(3)(b) of the Industrial Relations (Northern Ireland) Order 1982(3),

if it would not have done so but for the operation of that paragraph.

(1)

S.I. 1976/1043 (N.I. 16). Article 24A was inserted by Article 10(1) of the Industrial Relations (Northern Ireland) Order 1982 (S.I. 1982/528 (N.I. 8)) and amended by paragraph 4(3) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987 (S.I. 1987/936 (N.I. 9)).

(2)

S.I. 1976/2147 (N.I. 28). Article 30A(1)(s) was inserted by Article 14 of the Industrial Relations (Northern Ireland) Order 1982.

(3)

S.I. 1982/528 (N.I. 8).