2009 No. 266

Employment

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

Made

Coming into operation

The Department of Health, Social Services and Public Safety1, being designated2 for the purposes of section 2(2) of the European Communities Act 19723 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 interpretationI11

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) 19544 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Annotations:
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) 1998I22

In regulation 25A (doctors in training) of the Working Time Regulations (Northern Ireland) 19985

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.

Annotations:
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) 1998I33

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

SCHEDULE 2ADoctors in training

Regulation 25A(1A)

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

Annotations:
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

seal_r00001Dr Patrick WoodsA senior officer of theDepartment 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 (OJNo. 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.