Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2001

Statutory Rules of Northern Ireland

2001 No. 421

FAIR EMPLOYMENT

Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2001

Made

3rd December 2001

Coming into operation

1st January 2002

Whereas, in accordance with Article 50(3) of the Fair Employment and Treatment (Northern Ireland) Order 1998(1) (“the 1998 Order”), each person who, by virtue of the following Order, becomes a public authority for any of the purposes of Articles 52 to 65 of the 1998 Order is:

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

(2) a statutory body or the holder of a statutory office; or

(3) a person appearing to the Office of the First Minister and deputy First Minister(2) (“the Department”) to exercise functions of a public nature;

And whereas, in accordance with Article 51(4) of the 1998 Order, 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 Articles 52 to 61 of the 1998 Order, 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 by Article 50(1) and (2) and Article 51(2) of the 1998 Order and now vested in it(3) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.  This Order may be cited as the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2001 and shall come into operation on 1st January 2002.

Amendment of the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000

2.  The Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000(4) shall be amended in accordance with Articles 3 to 5.

3.  In paragraph (2) of Article 1, for the definition of “police force” there shall be substituted—

• ““police” has the same meaning as in the Police (Northern Ireland) Act 2000(5);”.

4.  In paragraph (d) of Article 2—

(a) for “Chief Constable of the Royal Ulster Constabulary” there shall be substituted “Chief Constable of the Police Service of Northern Ireland”; and

(b) the word “force” shall be deleted.

5.  For the Schedule, there shall be substituted the Schedule to this Order.

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 3rd December 2001.

L.S.

D. Trimble

First Minister

M. Durkan

Deputy First Minister

Article 5

SCHEDULE

“SCHEDULE

Part I Public Authorities for the Purposes of Articles 52 to 65 of the 1998 Order

• Agricultural Research Institute of Northern Ireland

• Altnagelvin Hospitals Health and Social Services Trust

• Armagh and Dungannon Health and Social Services Trust

• Arts Council of Northern Ireland

• Assembly Ombudsman for Northern Ireland

• Belfast City Hospital Health and Social Services Trust

• Belfast Education and Library Board

• Belfast Harbour Commissioners

• The Board of Governors of Stranmillis University College, Belfast

• Board of Trustees of the National Museums and Galleries of Northern Ireland

• British Broadcasting Corporation

• Causeway Health and Social Services Trust

• Chief Electoral Officer for Northern Ireland

• Citybus Limited

• Coleraine Harbour Commissioners

• Comptroller and Auditor General for Northern Ireland

• Consignia plc

• Construction Industry Training Board

• Council for Catholic Maintained Schools

• Craigavon Area Hospital Group Health and Social Services Trust

• Craigavon and Banbridge Community Health and Social Services Trust

• Any District Council

• Down Lisburn Health and Social Services Trust

• Eastern Health and Social Services Board

• Enterprise Ulster

• Equality Commission for Northern Ireland

• Fire Authority for Northern Ireland

• Fisheries Conservancy Board for Northern Ireland

• Flexibus Limited

• Foyle, Carlingford and Irish Lights Commission

• Foyle Health and Social Services Trust

• General Consumer Council for Northern Ireland

• The governing body of the Armagh College of Further Education

• The governing body of the Belfast Institute of Further and Higher Education

• The governing body of the Castlereagh College of Further and Higher Education

• The governing body of the Causeway Institute of Further and Higher Education

• The governing body of the East Antrim Institute of Further and Higher Education

• The governing body of the East Down Institute of Further and Higher Education

• The governing body of the East Tyrone College of Further and Higher Education

• The governing body of the Fermanagh College of Further and Higher Education

• The governing body of the Limavady College of Further and Higher Education

• The governing body of the Lisburn Institute of Further and Higher Education

• The governing body of the Newry and Kilkeel Institute of Further and Higher Education

• The governing body of the North Down and Ards Institute of Further and Higher Education

• The governing body of the North East Institute of Further and Higher Education

• The governing body of the North West Institute of Further and Higher Education

• The governing body of Northern Ireland Hotel and Catering College

• The governing body of the Omagh College of Further Education

• The governing body of the Upper Bann Institute of Further and Higher Education

• Green Park Health and Social Services Trust

• Homefirst Community Health and Social Services Trust

• The Juvenile Justice Board

• Labour Relations Agency

• Laganside Corporation

• Livestock and Meat Commission for Northern Ireland

• Local Enterprise Development Unit

• Local Government Staff Commission for Northern Ireland

• Londonderry Port and Harbour Commissioners

• Mater Infirmorum Hospital Health and Social Services Trust

• Mental Health Commission for Northern Ireland

• National Board for Nursing, Midwifery and Health Visiting for Northern Ireland

• Newry and Mourne Health and Social Services Trust

• North Eastern Education and Library Board

• North and West Belfast Health and Social Services Trust

• The North/South Language Body

• Northern Health and Social Services Board

• Northern Ireland Ambulance Service Health and Social Services Trust

• Northern Ireland Assembly Commission

• Northern Ireland Blood Transfusion Service Agency

• Northern Ireland Central Services Agency for the Health and Social Services

• Northern Ireland Commissioner for Complaints

• Northern Ireland Community Relations Council

• Northern Ireland Council for the Curriculum, Examinations and Assessment

• Northern Ireland Council for Postgraduate Medical and Dental Education

• Northern Ireland Economic Development Office

• Northern Ireland Fishery Harbour Authority

• Northern Ireland Guardian Ad Litem Agency

• Northern Ireland Health Promotion Agency

• Northern Ireland Housing Executive

• Northern Ireland Human Rights Commission

• Northern Ireland Local Government Officers' Superannuation Committee

• Northern Ireland Policing Board

• Northern Ireland Railways Company Limited

• Northern Ireland Regional Medical Physics Agency

• Northern Ireland Tourist Board

• Northern Ireland Transport Holding Company

• The Police Ombudsman for Northern Ireland

• Probation Board for Northern Ireland

• Royal Group of Hospitals and Dental Hospital Health and Social Services Trust

• South and East Belfast Health and Social Services Trust

• South Eastern Education and Library Board

• Southern Education and Library Board

• Southern Health and Social Services Board

• The Special EU Programmes Body

• Sperrin Lakeland Health and Social Services Trust

• Sports Council for Northern Ireland

• Staff Commission for Education and Library Boards

• The Trade and Business Development Body

• Ulster Community and Hospitals Health and Social Services Trust

• Ulster Supported Employment Limited

• Ulsterbus Limited

• United Hospitals Health and Social Services Trust

• Warrenpoint Harbour Authority

• Waterways Ireland

• Western Education and Library Board

• Western Health and Social Services Board

• Youth Council for Northern Ireland

Part II Public Authorities for the purposes of Articles 62 to 65 of the 1998 Order

• Minister of Agriculture, Fisheries and Food

• Secretary of State for Defence

• Secretary of State for Environment, Food and Rural Affairs

• Secretary of State for the Home Department

• Secretary of State for Northern Ireland

• Secretary of State for Social Security

• Secretary of State for Trade and Industry

• Secretary of State for Transport, Local Government and the Regions

• Commissioners of Customs and Excise

• Board of Inland Revenue

• The Lord Chancellor

• The Chief Constable of the Police Service of Northern Ireland

• The Comptroller of Her Majesty’s Stationery Office

• The Director-General for Electricity Supply for Northern Ireland

• The Director-General of Gas for Northern Ireland

• The Director of Savings (Department for National Savings)

• Health and Safety Executive for Northern Ireland

• Any Northern Ireland Department

• Any Northern Ireland Minister

• The governing body of an Institution of Further Education within the meaning of the Further Education (Northern Ireland) Order 1997

• Any Health and Social Services trust established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991.”

Explanatory Note

(This note is not part of the Order.)

This Order amends the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000 (“the 2000 Order”) which specifies a number of persons or bodies as public authorities for certain purposes under Part VII of the Fair Employment and Treatment (Northern Ireland) Order 1998 (“the 1998 Order”) and provides for the persons who are to be treated for such purposes as the employees of some of those authorities.

The Schedule to the 2000 Order lists in Part I the bodies who are public authorities for the purposes of Articles 52 to 65 of the 1998 Order and in Part II the bodies who are public authorities for the purposes of Articles 62 to 65 of the 1998 Order.

Articles 3 and 4 of this Order amend the 2000 Order to reflect changes brought about by the Police (Northern Ireland) Act 2000.

Article 5 of this Order substitutes a new Schedule to the 2000 Order.

The following bodies are added:

Part I	The Northern Ireland Policing Board Consignia plc
Part II	Secretary of State for Environment, Food and Rural Affairs. Secretary of State for Transport, Local Government and the Regions Chief Constable of the Police Service of Northern Ireland.

The following bodies are deleted:

Part I	Police Authority for Northern Ireland Post Office
Part II	Secretary of State for the Environment, Transport and the Regions Chief Constable of the Royal Ulster Constabulary.

(1)

S.I. 1998/3162 (N.I. 21)

(2)

See S.R. 1999 No. 481; Article 4(a) and Part I Schedule 2

(3)

S.R. 1999 No. 481 Schedule 2, Part I

(4)

S.R. 2000 No. 371

(5)

2000 c. 32