The Work and Families (Northern Ireland) Order 2006
At the Court at Buckingham Palace, the 19th day of July 2006
Present,
The Queen's Most Excellent Majesty in Council
Whereas this Order in Council is made only for purposes corresponding to the purposes of the Work and Families Act 2006 (c. 18):
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (as modified by section 17 of the said Act of 2006) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–
Introduction
Title and commencement1.
(1)
This Order may be cited as the Work and Families (Northern Ireland) Order 2006.
(2)
This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.
(3)
The remaining provisions of this Order shall come into operation on such day or days as the Department may by order appoint.
(4)
An order under paragraph (3) may include supplementary, incidental, saving or transitional provisions.
Interpretation2.
(1)
The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2)
In this Order—
“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
“the Department” means the Department for Employment and Learning;
“the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996 (NI 16);
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
Extension of maternity pay period and adoption pay period
Maternity pay period3.
In section 161(1) of the Contributions and Benefits Act (which specifies the maximum period that may be prescribed as the period for which statutory maternity pay and, by virtue of section 35(2) of that Act, maternity allowance, are payable), for “26 weeks” substitute “
52 weeks
”
.
Adoption pay period4.
In section 167ZN(2) of the Contributions and Benefits Act (which specifies the maximum period that may be prescribed as the period for which statutory adoption pay is payable), for “26 weeks” substitute “
52 weeks
”
.
F1Additional paternity leave and pay
Additional paternity leave: birthF15.
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Additional paternity leave: adoptionF16.
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Rights during and after additional paternity leaveF17.
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Entitlement to additional statutory paternity pay: birthF18.
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Entitlement to additional statutory paternity pay: adoptionF19.
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Entitlement to additional statutory paternity pay: generalF110.
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Liability to make payments of additional statutory paternity payF111.
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Additional statutory paternity pay: rate and period of payF112.
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Leave and pay related to birth or adoption: further amendments
Leave and pay related to birth or adoption: further amendments13.
(1)
Schedule 1 (which contains further amendments relating to statutory leave and pay) has effect.
F2(2)
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(3)
Any reference to ordinary statutory paternity pay in any statutory provision (including this Order and any statutory provision amended by this Order) or document is to be read, in relation to any time before the commencement of paragraphs 11 and 12 of Schedule 1, as a reference to statutory paternity pay.
Miscellaneous provisions about employment rights
Flexible working14.
(1)
Article 112F of the Employment Rights Order (statutory right to request contract variation) is amended as follows.
F3(2)
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F3(3)
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(4)
Omit paragraphs (3), (6) and (7).
F4(5)
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Annual leave15.
(1)
The Department may by regulations make provision conferring on workers the right, except in prescribed cases, to a prescribed amount of annual leave in each leave year, as defined for the purposes of the regulations.
(2)
The regulations may in particular—
(a)
make provision for determining the amount of annual leave to which workers are to be entitled;
(b)
make provision for determining the amount of pay in respect of any period of leave which is required by the regulations to be paid leave;
(c)
make provision enabling a worker to elect when to take leave to which he is entitled by virtue of the regulations, subject to any provision of the regulations enabling his employer to require him to take, or not to take, that leave at a particular time;
(d)
make provision for the payment of compensation in prescribed cases to a worker who has not taken leave to which he is entitled;
(e)
make provision as to the relationship between the rights conferred by the regulations and a worker's rights to leave, pay or compensation under any contract or under any statutory provision;
(f)
enable a worker to present a complaint to an industrial tribunal that his employer has refused to permit him to exercise any right he has under the regulations, or has failed to pay him any amount due to him under the regulations;
(g)
make, in connection with any right conferred by the regulations (including any right to payment), any other provision which is the same as or similar to any provision made, in connection with any right relating to annual leave conferred in pursuance of any Community obligation, by any regulations under section 2(2) of the European Communities Act 1972 (c. 68) made at any time before the day on which the first regulations under this Article are made.
(3)
Regulations under this Article may make provision as to—
(a)
who is to be treated as a worker for the purposes of the regulations, and
(b)
who is to be treated as the worker's employer.
(4)
Regulations under this Article may in particular—
(a)
make provision applying to—
(i)
Crown employment and persons in Crown employment;
(ii)
service as a member of the armed forces;
(b)
make provision conferring rights to and in connection with annual leave on persons falling within any other categories of persons on whom any Community obligation of the United Kingdom requires a right to annual leave to be conferred.
(5)
Regulations under this Article may contain incidental, supplemental, consequential, transitional or saving provision, including provision amending any statutory provision.
(6)
Regulations under this Article
F5shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly.
(7)
In this Article—
“the armed forces” means any of the naval, military or air forces of the Crown;
“Crown employment” has the meaning given by Article 236(3) of the Employment Rights Order.
Increase of maximum amount of a week's pay for certain purposes16.
(1)
This Article applies to the sums specified in the following provisions—
(a)
Article 23(1) of the Employment Rights Order (maximum amount of a week's pay for the purposes of certain provisions of the Order relating to awards of compensation and redundancy payments);
(b)
Article 231(1)(a) and (b) of the Employment Rights Order (employee's rights on insolvency of employer: maximum amount payable).
(2)
The Department may, on one occasion only, by order substitute for each of the sums mentioned in paragraph (1) such higher sum as may be specified in the order.
(3)
An order under this Article—
(a)
may include transitional provision;
(b)
may exclude, on a single occasion specified in the order under this Article, any duty to make an order under Article 33 of the 1999 Order (indexation of amounts, etc.), so far as relating to the sums mentioned in paragraph (1).
(4)
Subject to any provision made under paragraph (3)(b), this Article does not affect the operation of Article 33 of the 1999 Order in relation to the sums substituted by the order under this Article in the provisions mentioned in paragraph (1).
(5)
An order under this Article shall—
(a)
be laid before the Assembly after being made; and
(b)
take effect on such date as may be specified in the order but (without prejudice to the validity of anything done thereunder or to the making of a new order) shall cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the order is approved by a resolution of the Assembly.
(6)
In this Article “the 1999 Order” means the Employment Relations (Northern Ireland) Order 1999 (NI 9).
Supplementary
Repeals17.
The statutory provisions specified in Schedule 2 are repealed to the extent specified in the second column of that Schedule.
SCHEDULE 1LEAVE AND PAY RELATED TO BIRTH OR ADOPTION: FURTHER AMENDMENTS
The Social Security (Northern Ireland) Order 1989 (NI 13)
F61.
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The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
F62.
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F63.
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F64.
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5.
“(i)
during the maternity allowance period, except in prescribed cases, she does any work in employment as an employed or self-employed earner;
(ia)
during the maternity allowance period she fails without good cause to observe any prescribed rules of behaviour; or”.
6.
(1)
Section 161 (the maternity pay period) is amended as follows.
(2)
“(2)
Subject to subsections (3) and (7), the maternity pay period shall begin with the 11th week before the expected week of confinement.
(3)
Cases may be prescribed in which the first day of the period is to be a prescribed day after the beginning of the 11th week before the expected week of confinement, but not later than the day immediately following the day on which she is confined.”.
(3)
In subsection (4), at the beginning insert “
Except in such cases as may be prescribed,
”
.
(4)
“(8)
In subsections (1), (4) and (6) “week” means a period of 7 days beginning with the day of the week on which the maternity pay period begins.”.
7.
(1)
Section 162 (rate of statutory maternity pay) is amended as follows.
(2)
“(1A)
In subsection (1) “week” means any period of 7 days.”.
(3)
“(4)
Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of statutory maternity pay, the amount payable by way of statutory maternity pay for any day shall be taken as one seventh of the weekly rate.”.
8.
(1)
Section 167 (interpretation of Part XII) is amended as follows.
(2)
In subsection (1), omit the definition of “week”.
(3)
“(1A)
In this Part, except section 161(1), (4) and (6), section 162(1) and paragraph 3(2) of Schedule 13, “week” means a period of 7 days beginning with Sunday or such other period as may be prescribed in relation to any particular case or class of case.”.
F79.
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F710.
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F711.
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F712.
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F713.
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F714.
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15.
(1)
Section 167ZE (rate and period of statutory paternity pay) is amended as follows.
F8(2)
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(3)
“(10A)
Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of ordinary statutory paternity pay, the amount payable by way of ordinary statutory paternity pay for any day shall be taken as one seventh of the weekly rate.”.
F916.
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F917.
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F918.
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F919.
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20.
(1)
Section 167ZN (rate and period of statutory adoption pay) is amended as follows.
(2)
At the beginning of subsection (3) insert “
Except in such cases as may be prescribed,
”
.
(3)
“(6A)
Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of statutory adoption pay, the amount payable by way of statutory adoption pay for any day shall be taken as one seventh of the weekly rate.”.
F1021.
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22.
“(2A)
In sub-paragraph (2) “week” means a period of 7 days beginning with the day of the week on which the maternity pay period begins.”.
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
F1123.
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F1124.
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F1125.
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F1126.
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The Employment Rights (Northern Ireland) Order 1996 (NI 16)
F1127.
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F1128.
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F1129.
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30.
“(3)
Regulations under paragraph (2)—
(a)
shall secure that, where an employee has a right to leave under this Article, she is entitled to an ordinary maternity leave period of at least 26 weeks;
(b)
may allow an employee to choose, subject to prescribed restrictions, the date on which an ordinary maternity leave period starts;
(c)
may specify circumstances in which an employee may work for her employer during an ordinary maternity leave period without bringing the period to an end.”.
31.
“(3)
Regulations under paragraph (2)—
(a)
may allow an employee to choose, subject to prescribed restrictions, the date on which an additional maternity leave period ends;
(b)
may specify circumstances in which an employee may work for her employer during an additional maternity leave period without bringing the period to an end.”.
32.
“(2A)
Regulations under paragraph (2) may specify circumstances in which an employee may work for his employer during an ordinary adoption leave period without bringing the period to an end.”.
33.
“(3)
Regulations under paragraph (2)—
(a)
may allow an employee to choose, subject to prescribed restrictions, the date on which an additional adoption leave period ends;
(b)
may specify circumstances in which an employee may work for his employer during an additional adoption leave period without bringing the period to an end.”.
F1234.
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F1235.
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F1236.
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F1237.
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F1238.
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F1239.
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F1240.
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F1241.
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F1242.
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The Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (SI 1999/671)
F1243.
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F1244.
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F1245.
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The Employment (Northern Ireland) Order 2002 (NI 2)
F1246.
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F1247.
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F1248.
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F1249.
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F1250.
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SCHEDULE 2REPEALS
Short Title | Extent of repeal |
|---|---|
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) | In section 167(1), the definition of “week”. |
The Employment Rights (Northern Ireland) Order 1996 (NI 16). | Article 112F(3), (6) and (7). |
The Social Security Act (Northern Ireland) 2002 (c. 10). | Section 1. |
The Employment (Northern Ireland) Order 2002 (NI 2). | Article 7(2)(a). In Schedule 2, paragraphs 1 and 4(1), (7), (14) and (19). |
(This note is not part of the Order)
This Order, which is made only for purposes corresponding to the Work and Families Act 2006, makes provision about statutory rights to leave and pay in connection with the birth or adoption of children, amends Article 112F of the Employment Rights (Northern Ireland) Order 1996, makes provision about workers' entitlement to annual leave, provides for the increase in the sums specified in Articles 23(1) and 231(1) of that Order, and makes provision for connected purposes.