Statutory Rules of Northern Ireland

2006 No. 101

INDUSTRIAL RELATIONS

The Employment Code of Practice (Industrial Action Ballots and Notice to Employers) (Appointed Day) Order (Northern Ireland) 2006

Made

9th March 2006

Coming into operation

19th March 2006

The Department for Employment and Learning(1) makes the following Order in exercise of the powers conferred by Article 95(1) to (6) and (14) of the Industrial Relations (Northern Ireland) Order 1992(2), and now vested in it(3):

Citation

1. This Order may be cited as the Employment Code of Practice (Industrial Action Ballots and Notice to Employers) (Appointed Day) Order (Northern Ireland) 2006.

Code of Practice

2. Subject to Article 3, the Department for Employment and Learning appoints 19th March 2006 as the day on which the revised Code of Practice on Industrial Action Ballots and Notice to Employers, a draft of which was prepared and published by the Department on 21st July 2005 under Article 95(2) of the Industrial Relations (Northern Ireland) Order 1992, shall come into operation.

Transitional provisions

3. Where the parties are informed by a trade union under Articles 105 or 118 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 before 19th March 2006 the Code of Practice on Industrial Action Ballots and Notice to Employers(4) will continue to apply.

Sealed with the Official Seal of the Department for Employment and Learning on 9th March 2006.

L.S.

D.S.S. McAuley

A senior officer of the

Department for Employment and Learning

Explanatory Note

(This note is not part of the Order)

This Order brings into operation on 19th March 2006, the revised Code of Practice on Industrial Action Ballots and Notice to Employers, which is issued by the Department for Employment and Learning under Article 95(1) of the Industrial Relations (Northern Ireland) Order 1992.

The Code of Practice shall be admissible in evidence in any proceedings before a court, industrial tribunal or the Industrial Court and any provision of the Code which appears to the court, industrial tribunal or Industrial Court to be relevant to any question arising in those proceedings shall be taken into account in determining that question.

This Order contains transitional provisions.

(1)

Formerly the Department of Higher and Further Education, Training and Employment; see 2001 c. 15 (N.I.)

(2)

S.I. 1992/807 (N.I. 5); there are amendments to Article 95 which are not relevant to this Order

(3)

See S.R. 1999 No. 481

(4)

The Code of Practice on Industrial Action Ballots and Notice to Employers was brought into operation by S.R. 2002 No. 345