Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 494

FAIR EMPLOYMENT

Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004

Made

30th November 2004

Coming into operation

1st January 2005

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.—(1) This Order may be cited as the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004 and shall come into operation on 1st January 2005.

(2) In this Order –

“the 1998 Order” means the Fair Employment and Treatment (Northern Ireland) Order 1998;

“member of the home service forces” means any member of the armed forces whose service (or service otherwise than for the purposes of training) is restricted to Northern Ireland;

“Northern Ireland civil servant” means any person appointed to a situation in the Northern Ireland Civil Service;

“police” has the same meaning as in the Police (Northern Ireland) Act 2000(4);

“reserve force” means a reserve force within the meaning of section 1(2) of the Reserve Forces Act 1996(5);

“reservist” means a member of any reserve force who serves wholly or mainly in Northern Ireland; and

“United Kingdom civil servant” means any person serving wholly or mainly in Northern Ireland in the civil service of the Crown other than a Northern Ireland civil servant.

Specification of public authorities

2.  For the purposes of Articles 52 to 61 of the 1998 Order: –

(a) the Minister for the Department of Finance and Personnel shall be a public authority and all Northern Ireland civil servants shall be treated as employees of that authority;

(b) the Minister for the Civil Service shall be a public authority and all United Kingdom civil servants shall be treated as employees of that authority;

(c) the Secretary of State for Defence shall be a public authority and all reservists and members of the home service forces shall be treated as employees of that authority; and

(d) the Chief Constable of the Police Service of Northern Ireland shall be a public authority and all members of the police shall be treated as employees of that authority.

3.  Each of the persons specified in Part I of the Schedule shall be a public authority for the purposes of Articles 52 to 65 of the 1998 Order.

4.  Each of the persons specified in Part II of the Schedule shall be a public authority for the purposes of Articles 62 to 65 of the 1998 Order.

Revocation

5.  The following Orders are hereby revoked –

(a) the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000(6);

(b) the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003(7).

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 30th November 2004.

L.S.

Gerard Mulligan

A senior officer of the Office of the First Minister and deputy First Minister

Articles 3 and 4

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

• Chief Inspector of Criminal Justice in Northern Ireland

• Citybus Limited

• Coleraine Harbour Commissioners

• Commissioner for Children and Young People for Northern Ireland

• Comptroller and Auditor General for Northern Ireland

• 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

• Economic Research Institute of Northern Ireland Limited

• 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

• General Teaching 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 the Omagh College of Further Education

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

• Governors of the Armagh Observatory and Planetarium

• Green Park Health and Social Services Trust

• Homefirst Community Health and Social Services Trust

• Ilex Urban Regeneration Company Limited

• Invest Northern Ireland

• Labour Relations Agency

• Laganside Corporation

• Livestock and Meat Commission for Northern Ireland

• 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

• 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 Film and Television Commission

• 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 Legal Services Commission

• Northern Ireland Local Government Officers' Superannuation Committee

• Northern Ireland Medical and Dental Training Agency

• Northern Ireland Policing Board

• Northern Ireland Practice and Education Council for Nursing and Midwifery

• Northern Ireland Railways Company Limited

• Northern Ireland Regional Medical Physics Agency

• Northern Ireland Social Care Council

• Northern Ireland Tourist Board

• Northern Ireland Transport Holding Company

• Office of Communications

• The Police Ombudsman for Northern Ireland

• Probation Board for Northern Ireland

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

• Royal Mail Group plc

• 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

• Strategic Investment Board Limited

• The Trade and Business Development Body

• Tourism Ireland Limited

• 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

• First Secretary of State

• Secretary of State for Constitutional Affairs

• 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 Trade and Industry

• Secretary of State for Transport

• Secretary of State for Work and Pensions

• 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 of Savings (Department for National Savings)

• Health and Safety Executive for Northern Ireland

• Northern Ireland Authority for Energy Regulation

• Northern Ireland Health and Personal Social Services Regulation and Improvement Authority

• 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 established on or after 1st January 2005

• Any Health and Social Services trust established on or after 1st January 2005 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 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.

For the purpose of Articles 52 to 61 of the 1998 Order, Article 2 –

(a) specifies the Minister for the Department of Finance and Personnel as a public authority and provides that all Northern Ireland civil servants (as defined) shall be treated as employees of that authority;

(b) specifies the Minister for the Civil Service as a public authority and provides that all United Kingdom civil servants (as defined) shall be treated as employees of that authority;

(c) specifies the Secretary of State for Defence as a public authority and provides that all reservists and members of the home service forces (as defined) shall be treated as employees of that authority; and

(d) specifies the Chief Constable of the Police Service of Northern Ireland as a public authority and provides that all members of the police (as defined) shall be treated as employees of that authority.

Article 3 specifies each of the persons listed in Part I of the Schedule as a public authority for the purposes of Articles 52 to 65 of the 1998 Order.

Article 4 specifies each of the persons listed in Part II of the Schedule as a public authority for the purposes of Articles 62 to 65 of the 1998 Order.

Where a person who is specified as a public authority for the purposes of Articles 52 to 61 of the 1998 Order is the employer, or by virtue of Article 2 becomes the employer, of certain persons then Part VII of the 1998 Order imposes certain duties on him, particularly with respect to those persons. He is required to prepare and serve for each year on the Equality Commission for Northern Ireland (“the Commission”) a return (referred to as a “monitoring return”) to enable the composition of his workforce to be ascertained; that is to say the number who belong to the Protestant community and the number who belong to the Roman Catholic community in Northern Ireland. In addition the monitoring return he is required to serve must show the composition of applicants for employment in his workforce and the composition of those ceasing to be employed by him. Other provisions of Articles 52 to 61 of the 1998 Order such as those requiring periodic review of recruitment, training and promotion practices; those relating to enquiries by the Commission and undertakings by and directions to employers; and those providing for the setting of goals and timetables also apply to public authorities specified for the purposes of those Articles.

Where a public authority is specified for the purposes of Articles 62 to 65 of the 1998 Order it is prohibited from entering into any contract with a person who is not qualified for the purposes of Articles 64 to 66 of that Order and who, in response to an invitation by the authority offers to execute any work or supply any goods or services to it. Any contravention of or failure to comply with this duty is actionable by any person who, in consequence, suffers loss or damage.

Article 5 revokes the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000 and the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003.

(1)

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

(2)

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

(3)

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

(4)

2000 c. 32

(5)

1996 c. 14

(6)

S.R. 2000 No. 371

(7)

S.R. 2003 No. 521