The Employment Rights (Northern Ireland) Order 1996

General N.I.

Orders and regulations N.I.

251.—(1)  [F1 Subject to [F2 paragraphs (1A), (1B) and (7)] ,] all regulations under this Order shall be subject to negative resolution.

[F1 (1A) Regulations under Article 70C, 103, 104, 105,[F3 107A, 107B,] [F4 107E, 107F(16), 107G, 107I(16), 107J(1) or (2),] 108[F3 [F5 , [F6 112A, 112B, 112BAA, 112G]] ,] or 131 shall—

(a) be laid before the Assembly as soon as may be after they are made;

(b) come into operation on such date as may be specified therein; and

(c) cease to have effect on the expiration of a period of six months from the date on which they came into operation unless, before the expiration of that period, they are approved by a resolution of the Assembly.]

[F7 (1B) Subject to paragraph (1C), regulations under Article 59A or 67FA shall not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(1C) Paragraph (1B) does not apply to regulations under Article 67FA that contain only the provision mentioned in Article 67FA(2), (3) or (4).]

(2) An order to which this paragraph applies shall—

(a) be laid before the Assembly as soon as may be after it is made;

(b) come into operation on such date as may be specified therein; and

(c) cease to have effect on the expiration of a period of six months from the date on which it came into operation unless, before the expiration of that period, it is approved by a resolution of the Assembly.

(3) Paragraph (2) applies to—

(a) an order under ArticleF1 . . . 63(7)[F8 , 92A(11)],F1 . . . F1 . . . or 237(3);

(b) an order under Article 250, other than an order under paragraph (1)(b) of that Article which specifies only provisions contained in Part XII [F9 or an order under paragraph (1)(c) of that Article which falls within paragraph (5A)].

(4) Subject to [F10 paragraphs (5) and (5A)] all other orders made by the Department under this Order shall be subject to negative resolution.

(5) Paragraph (4) does not apply to—

(a) an order under Article 67; or

(b) an order under Part II of Schedule 2.

[F11 (c) an order under Article 85ZS(6) or 107AB(4);]

[F12 (5A) An order [F13 to which this paragraph applies] shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly.]

[F14 (5B) Paragraph (5A) applies to—

(a) an order under Article 67K(4), 85ZS(6) or 107AB(4);

(b) an order under Article 250(1)(c) which varies or excludes the operation of Article 124(3) or 140(1).]

(6) Regulations and orders under this Order may contain incidental, supplementary and transitional provisions.

[F15 (7) Regulations to which this paragraph applies shall not be subject to negative resolution but shall be subject to the confirmatory procedure.

(8) Paragraph (7) applies to regulations under this Order which—

(a) but for that paragraph would be subject to negative resolution; and

(b) are contained in a statutory rule which includes regulations subject to the confirmatory procedure.

(9) In this Article “the confirmatory procedure” means the procedure described in paragraph (1A).]

F1 1999 NI 9

F2 Words in art. 251(1) substituted (20.9.2021) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 24(2), 29(2); S.R. 2021/253, art. 2(f)

F3 2002 NI 2

F4 Words in art. 251(1A) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 2(3), 23(1); S.R. 2015/86, art. 3(1)(b)

F5 Words in art. 251(1A) substituted (9.9.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 13(1), Sch. 1 para. 42; S.R. 2010/295, art. 2(b)(c)

F6 Words in art. 251(1A) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(19)(a); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F7 Art. 251(1B)(1C) inserted (20.9.2021) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 24(3), 29(2); S.R. 2021/253, art. 2(f)

F8 2003 NI 15

F9 Words in art. 251(3)(b) added (20.9.2021) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 24(4), 29(2); S.R. 2021/253, art. 2(f)

F10 Words in art. 251(4) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(19)(b); S.R. 2015/86, art. 3(2)(d)

F11 Art. 251(5)(c) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(19)(c); S.R. 2015/86, art. 3(2)(d)

F12 Art. 251(5A) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(19)(d); S.R. 2015/86, art. 3(2)(d)

F13 Words in art. 251(5A) substituted (20.9.2021) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 24(5), 29(2); S.R. 2021/253, art. 2(f)

F14 Art. 251(5B) inserted (20.9.2021) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 24(6), 29(2); S.R. 2021/253, art. 2(f)

F15 Art. 251(7)-(9) added (20.9.2021) by Employment Act (Northern Ireland) 2016 (c. 15), ss. 24(7), 29(2); S.R. 2021/253, art. 2(f)

Financial provisions N.I.

252.  There shall be paid out of the Northern Ireland National Insurance Fund into the Consolidated Fund sums equal to the amount of—

(a) any expenses incurred by the Department in consequence of Part XII, and

(b) any expenses incurred by the Department (or by persons acting on its behalf in exercising its functions under Part XIV.