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Statutory Rules of Northern Ireland

1996 No. 504

FAIR EMPLOYMENT

Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996

Made

21st October 1996

Coming into operation

1st January 1997

Whereas, in accordance with section 25(3) of the Fair Employment (Northern Ireland) Act 1989(1) (“the Act of 1989”), each person who, by virtue of the following Order, becomes a public authority for any of the purposes of sections 27 to 42 of that Act is:

(1) a Minister of the Crown or the head of a Northern Ireland Department;

(2) a body created by a statutory provision, within the meaning of the Interpretation Act (Northern Ireland) 1954(2), or the holder of any office so created; or

(3) a person appearing to the Department of Economic Development (“the Department”)(3) to exercise functions of a public nature;

And whereas, in accordance with section 26(4) of the Act of 1989, it appears to the Department that some or all of the people who are employed by each person, who by virtue of the following Order becomes an employer for the purposes of sections 27 to 37 of that Act, who are in the service of the Crown for the purposes of the functions of those persons or who are treated by virtue of the following Order as so employed or as in such service, are employed or serve in Northern Ireland;

Now, therefore, the Department in exercise of the powers conferred on it by section 25(1) and (2) of the Act of 1989 and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1996 and shall come into operation on 1st January 1997.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954 shall apply to this Order as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 1989

3.  For the Schedule to the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 1989(4) there shall be substituted the Schedule to this Order.

Sealed with the Official Seal of the Department of Economic Development on 21st October 1996.

L.S.

W. D. A. Haire

Assistant Secretary

Article 3

SCHEDULE

“SCHEDULE

Part IPUBLIC AUTHORITIES FOR THE PURPOSES OF SECTIONS 27 TO 42 OF THE ACT OF 1989:

Part IIPUBLIC AUTHORITIES FOR THE PURPOSES OF SECTIONS 38 TO 42 OF THE ACT OF 1989:

Explanatory Note

(This note is not part of the Order.)

This Order further amends the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 1989 (“the 1989 Order”) which specifies a number of persons or bodies as public authorities for certain purposes under Part II of the Fair Employment (Northern Ireland) Act 1989 (“the Act of 1989”) and provides for the persons who are to be treated for such purposes as the employees of some of those authorities.

Part I of the Schedule to the 1989 Order lists the bodies who are public authorities for the purposes of sections 27 to 42 of the Act of 1989. Article 3 of this Order substitutes a new list of such bodies. The principal changes are:—

(a)the reference to the Northern Ireland Parliamentary Commissioner for Administration is replaced by a reference to the Assembly Ombudsman for Northern Ireland following a change of title under the Ombudsman (Northern Ireland) Order 1996;

(b)the Altnagelvin Hospitals Health and Social Services Trust, Armagh and Dungannon Health and Social Services Trust, Foyle Health and Social Services Trust, Homefirst Community Health and Social Services Trust, Sperrin Lakeland Health and Social Services Trust and United Hospitals Health and Social Services Trust, which were established under the Health and Personal Social Services (Northern Ireland) Order 1991, are added to the list; and

(c)the Pigs Marketing Board (Northern Ireland) has been voluntarily wound up and is deleted from the list.

Part II of the Schedule to the 1989 Order lists the bodies who are public authorities for the purposes of sections 38-42 of the Act of 1989. Article 3 of this Order substitutes a new list of such bodies. The only change of substance lies in the inclusion of the Director-General of Gas for Northern Ireland appointed under the Gas (Northern Ireland) Order 1996.

(3)

See section 47(5) of the Act of 1989 as read with section 57(1) of the Fair Employment (Northern Ireland) Act 1976 (c. 25); the Department of Manpower Services was renamed the Department of Economic Development by S.I. 1982/846 (N.I. 11) Article 3