The Working Time (Amendment) Regulations (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 266

Employment

The Working Time (Amendment) Regulations (Northern Ireland) 2009

Made

10th July 2009

Coming into operation

1st August 2009

The Department of Health, Social Services and Public Safety(1), being designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to measures relating to the organisation of working time, makes the following Regulations in exercise of the powers conferred by that section.

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Working Time (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 1st August 2009.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Commencement Information

I1 Reg. 1 in operation at 1.8.2009, see reg. 1(1)

Amendments to regulation 25A of the Working Time Regulations (Northern Ireland) 1998 N.I.

2.  In regulation 25A (doctors in training) of the Working Time Regulations (Northern Ireland) 1998(5)–

(a) for paragraph (1) substitute—

“(1) Paragraph (1) of regulation 4 is modified in its application to workers to whom this paragraph applies by substituting for the reference to 48 hours a reference to 52 hours with effect from 1st August 2009 until 31st July 2011.

(1A) Paragraph (1) applies to workers who are doctors in training who are employed—

(a) by an employer who is listed in column 1 of the table contained in Schedule 2A,

(b) at a place listed in column 2 of that table in respect of that employer,

(c) to provide at that place one of the specialist services listed in column 3 of that table in respect of that place, and

(d) in one of the grades listed in column 4 of that table in respect of that specialist service and, where applicable, working as part of a rota referred to in that column in respect of that grade, or those grades.”

Commencement Information

I2 Reg. 2 in operation at 1.8.2009, see reg. 1(1)

New Schedule 2A to the Working Time Regulations (Northern Ireland) 1998 N.I.

3.  After Schedule 2 (Workers employed in agriculture) of the Working Time Regulations (Northern Ireland) 1998 insert—

Regulation 25A(1A)

“SCHEDULE 2A N.I. Doctors in training

Column 1 Employer	Column 2 Place	Column 3 Specialist Services	Column 4 Grade and, where applicable, rota
Western Health and Social Care Trust	Erne Hospital	Surgery	CT1/LAT/CT2
		Paediatrics	FTSTA/LAT
Belfast Health and Social Care Trust	Belfast City Hospital	Anaesthetics	ST3+
		Ear, Nose and Throat	CT1-2/ST1-2/F2/FTSTA
	Mater Hospital	Anaesthetics	ST3+/ ST1-2/CT1-2/FTSTA
	Royal Victoria Hospital	Neurosurgery	ST3+
		Fractures	F1
		Fractures	F2/CT1-2/ST1-2/FTSTA
		Cardiology	F2/CT1-3/ST1-2/FTSTA
Northern Health and Social Care Trust	Mid Ulster Hospital	Medicine/Surgery	F1
	Antrim Hospital	General Surgery	F2/ST1-2
		General Surgery	SpR/ST3
Southern Health and Social Care Trust	Craigavon Area Hospital	Obstetrics and Gynaecology	SpR
		Anaesthetics	SpR
South Eastern Health and Social Care Trust	Ulster Hospital	Obstetrics and Gynaecology	SpR/ST3
		General Surgery	F2/ST1”

Commencement Information

I3 Reg. 3 in operation at 1.8.2009, see reg. 1(1)

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 10th July 2009

Dr Patrick Woods

A senior officer of the

Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the third subparagraph of Article 17(5) of Directive 2003/88/EC concerning certain aspects of the organisation of working time (OJ No. L299, 18.11.2003, p. 9).

Regulation 2 amends regulation 25A of the Working Time Regulations (Northern Ireland) 1998. These amendments provide for the 48 hour working time limit for doctors in training to be increased to 52 hours for certain doctors in training until 31st July 2011. Regulation 3 inserts a new Schedule 2A into the Working Time Regulations (Northern Ireland) 1998, which lists those categories of doctors in training to whom this 52-hour working time limit applies.

A full regulatory impact assessment has not been produced for this rule as no impact on the private or voluntary sectors is foreseen.

(1)

See S.I. 1999/283 (N.I. 1) Article 3(6)

(2)

S.I.1997/1174

(3)

1972 c.68.

(4)

1954 c.33(N.I.)

(5)

S.R. 1998 No.386; Regulation 25A was inserted by regulation 8 of the Working Time (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003 No..330)