The Working Time Regulations (Northern Ireland) 2016

The Interpretation Act (Northern Ireland) 1954 M6, except section 39(2), shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

In these Regulations—

• “the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996 M7;

• “adult worker” means a worker who has attained the age of 18;

• “the armed forces” means any of the naval, military and air forces of the Crown;

• “calendar year” means the period of twelve months beginning with 1st January in any year;

• “the civil protection services” includes the police, fire services and ambulance services, the security and intelligence services, customs and immigration officers, the prison service, the coastguard, and lifeboat crew and other voluntary rescue services;

• “collective agreement” means a collective agreement within the meaning of Article 2 of the Industrial Relations (Northern Ireland) Order 1992 M8, the trade union parties to which are independent trade unions within the meaning of that Article;

• “day” means a period of 24 hours beginning at midnight;

• “employer”, in relation to a worker, means the person by whom the worker is (or, where the employment has ceased, was) employed;

• “employment”, in relation to a worker, means employment under the worker's contract;

• “the Executive” means the Health and Safety Executive for Northern Ireland;

• “mobile worker” means any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road or air;

• “night time”, in relation to a worker, means a period—

  1. a

     the duration of which is not less than seven hours, and

  2. b

     which includes the period between midnight and 5 a.m.,

  which is determined for the purposes of these Regulations by a relevant agreement, or, in default of such a determination, the period between 11 p.m. and 6 a.m.;

• “night work” means work during night time;

• “night worker” means a worker—

  1. a

     who, as a normal course, works at least three hours of the worker's daily working time during night time, or

  2. b

     who is likely, during night time, to work at least such proportion of the worker's annual working time as may be specified for the purposes of these Regulations in a collective agreement or a workforce agreement;

  and, for the purpose of paragraph (a) of this definition, a person works hours as a normal course (without prejudice to the generality of that expression) if that person works such hours on the majority of days on which the person works;

• “offshore work” means work performed mainly on or from offshore installations (including drilling rigs), directly or indirectly in connection with the exploration, extraction or exploitation of mineral resources, including hydrocarbons, and diving in connection with such activities, whether performed from an offshore installation or a vessel, including any such work performed in the territorial waters of the United Kingdom adjacent to Northern Ireland or in an area or part of an area designated under section 1(7) of the Continental Shelf Act 1964 M9 in which the law of Northern Ireland applies M10;

• “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 M11;

• “relevant agreement”, in relation to a worker, means a workforce agreement which applies to the worker, any provision of a collective agreement which forms part of a contract between the worker and the worker's employer, or any other agreement in writing which is legally enforceable as between the worker and the employer;

• “relevant training” means work experience provided pursuant to a training course or programme, training for employment, or both, other than work experience or training—

  1. a

     the immediate provider of which is an educational institution or a person whose main business is the provision of training, and

  2. b

     which is provided on a course run by that institution or person;

• “rest period”, in relation to a worker, means a period which is not working time, other than a rest break or leave to which the worker is entitled under these Regulations;

• “the restricted period”, in relation to a worker, means the period between 10 p.m. and 6 a.m. or, where the worker's contract provides for the worker to work after 10 p.m., the period between 11 p.m. and 7 a.m.;

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

• “worker” means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

  1. a

     a contract of employment; or

  2. b

     any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

  and any reference to a worker's contract shall be construed accordingly;

• “worker employed in agriculture” has the same meaning as in the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 M12 and a reference to a worker partly employed in agriculture is to a worker employed in agriculture whose employer also employs that worker for non-agricultural purposes;

• “workforce agreement” means an agreement between an employer and workers employed by that employer or their representatives in respect of which the conditions set out in Schedule 1 are satisfied;

• “working time”, in relation to a worker, means—

  1. a

     any period during which the worker is working, at the employer's disposal and carrying out the worker's activities or duties,

  2. b

     any period during which the worker is receiving relevant training, and

  3. c

     any additional period which is to be treated as working time for the purpose of these Regulations under a relevant agreement;

  and “work” shall be construed accordingly; and

• “young worker” means a worker who has not attained the age of 18 and who is over compulsory school age within the meaning of Article 46 of the Education and Libraries (Northern Ireland) Order 1986 M13.

In the absence of a definition in these Regulations, words and expressions used in particular provisions which are also used in corresponding provisions of the Directive 2003/88/EC of the European Parliament and of the Council of 4th November 2003 concerning certain aspects of the organisation of working time M14 or the Directive 94/33/EC of the European Parliament and of the Council of 22nd June 1994 on the protection of young people at work M15 have the same meaning as they have in those corresponding provisions.

The provisions of this Part have effect subject to the exceptions provided for in Part 3.

Where, in this Part, separate provision is made as respects the same matter in relation to workers generally and to young workers, the provision relating to workers generally applies only to adult workers and those young workers to whom, by virtue of any exception in Part 3, the provision relating to young workers does not apply.

Unless an employer has first obtained the worker's agreement in writing to perform such work, a worker's working time, including overtime, in any reference period which is applicable in the case of that worker, shall not exceed an average of 48 hours for each seven days.

An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limit specified in paragraph (1) is complied with in the case of each worker employed, by the employer, in relation to whom it applies and shall keep up-to-date records of all workers who carry out work to which it does not apply by reason of the fact that the employer has obtained the worker's agreement as mentioned in paragraph (1).

Where a worker has worked for an employer for less than 17 weeks, the reference period applicable in the case of that worker is the period that has elapsed since starting work for the employer.

Paragraphs (3) and (4) shall apply to a worker who is excluded from the scope of certain provisions of these Regulations by regulation 25 as if for each reference to 17 weeks there were substituted a reference to 26 weeks.

For the purposes of this regulation, a worker's average working time for each seven days during a reference period shall be determined according to the formula—

A + B C

Where an agreement for the purposes of regulation 4(1) makes provision for the termination of the agreement after a period of notice, the notice period provided for shall not exceed three months.

If, on any day, or, as the case may be, during any week, a young worker is employed by more than one employer, the young worker's working time shall be determined for the purpose of paragraph (1) by aggregating the number of hours worked for each employer.

For the purposes of paragraphs (1) and (2), a week starts at midnight between Sunday and Monday.

An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limits specified in paragraph (1) are complied with in the case of each worker employed by the employer in relation to whom they apply.

A night worker's normal hours of work in any reference period which is applicable, in the case of that worker, shall not exceed an average of eight hours for each 24 hours.

An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limit specified in paragraph (1) is complied with in the case of each night worker employed by the employer.

Where a worker has worked for an employer for less than 17 weeks, the reference period applicable, in the case of that worker, is the period that has elapsed since the worker started work for the employer.

For the purposes of this regulation, a night worker's average normal hours of work for each 24 hours during a reference period shall be determined according to the formula—

A B − C

An employer shall ensure that no night worker employed, by that employer, whose work involves special hazards or heavy physical or mental strain works for more than eight hours in any 24-hour period during which the night worker performs night work.

For the purposes of paragraphs (1) and (2), an assessment is free if it is at no cost to the worker to whom it relates.

The requirements in paragraph (2) do not apply in a case where the work a young worker is assigned to do is of an exceptional nature.

A worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which the worker works for an employer.

Subject to paragraph (3), a young worker is entitled to a rest period of not less than twelve consecutive hours in each 24-hour period during which the young worker works for an employer.

The minimum rest period provided for in paragraph (2) may be interrupted in the case of activities involving periods of work that are split up over the day or are of short duration.

Subject to paragraph (2), a worker is entitled to an uninterrupted rest period of not less than 24 hours in each seven-day period during which the worker works for an employer.

Subject to paragraph (8), a young worker is entitled to a rest period of not less than 48 hours in each seven-day period during which the young worker works for the employer.

In a case where, in accordance with paragraph (4), 14-day periods are to be taken to begin at the start of every other week, the first such period applicable in the case of a particular worker shall be taken to begin at the start of the week in which that employment begins.

For the purposes of paragraphs (4) and (5), a week starts at midnight between Sunday and Monday.

The minimum rest period to which a worker is entitled under paragraph (1) or (2) shall not include any part of a rest period to which the worker is entitled under regulation 12(1), except where this is justified by objective or technical reasons or reasons concerning the organisation of work.

Where a worker's daily working time is more than six hours, the worker is entitled to a rest break.

The details of the rest break to which a worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.

Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from a workstation if the worker has one.

Where a young worker's daily working time is more than four and a half hours, the young worker is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and the young worker is entitled to spend it away from a workstation if the young worker has one.

If, on any day, a young worker is employed by more than one employer, the young worker's daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked for each employer.

Subject to paragraph (4), a worker is entitled to four weeks' annual leave in each leave year.

Paragraph (2) does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.

Where the date on which a worker's employment begins is later than the date on which (by virtue of a relevant agreement) the worker's first leave year begins, the leave to which the worker is entitled in that leave year is a proportion of the period applicable under paragraph (1) equal to the proportion of that leave year remaining on the date on which the worker's employment begins.

Subject to regulation 33 and paragraphs (2) and (4), a worker is entitled to a period of 1.6 weeks additional leave in each leave year.

The aggregate entitlement provided for in paragraph (1) and regulation 15(1) is subject to a maximum of 28 days.

A worker's leave year begins for the purposes of this regulation on the same date as the worker's leave year begins for the purposes of regulation 15.

Where the date on which a worker's employment begins is later than the date on which the worker's first leave year begins, the additional leave to which the worker is entitled in that leave year is a proportion of the period applicable under paragraph (1) equal to the proportion of that leave year remaining on the date on which the worker's employment begins.

Leave to which a worker is entitled under this regulation may be taken in instalments, but it may not be replaced by a payment in lieu except where the worker's employment is terminated.

A relevant agreement may provide for any leave to which a worker is entitled under this regulation to be carried forward into the leave year immediately following the leave year in respect of which it is due.

Where the proportion of leave taken by the worker is less than the proportion of the leave year which has expired, the employer shall make a payment to the worker in lieu of leave in accordance with paragraph (3).

A relevant agreement may provide that, where the proportion of leave taken by the worker exceeds the proportion of the leave year which has expired, the worker shall compensate the employer, whether by a payment, by undertaking additional work or otherwise.

A worker may take leave to which the worker is entitled under regulation 15 and regulation 16 on such days as the worker may elect by giving notice to the employer in accordance with paragraph (3), subject to any requirement imposed by the employer under paragraph (2).

Any right or obligation under paragraphs (1) to (4) may be varied or excluded by a relevant agreement.

This regulation does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.

During the first year of a worker's employment, the amount of leave the worker may take at any time in exercise of the worker's entitlement under regulation 15 or regulation 16 is limited to the amount which is deemed to have accrued at that time under paragraph (2), as modified under paragraph (3) in a case where that paragraph applies, less the amount of leave (if any) that the worker has already taken during that year.

For the purposes of paragraph (1), leave is deemed to accrue over the course of the worker's first year of employment, at the rate of one-twelfth of the amount specified in regulation 15(1) and regulation 16(1), subject to the limit contained in regulation 16(2), on the first day of each month of that year.

Where the amount of leave that has accrued in a particular case includes a fraction of a day other than a half-day, the fraction shall be treated as a half-day if it is less than a half-day and as a whole day if it is more than a half-day.

A worker is entitled to be paid in respect of any period of annual leave to which the worker is entitled under regulation 15 and regulation 16, at the rate of a week's pay in respect of each week of leave.

Articles 17 to 20 of the 1996 Order shall apply for the purpose of determining the amount of a week's pay for the purposes of this regulation, subject to the modifications set out in paragraph (3).

A right to payment under paragraph (1) does not affect any right of a worker to remuneration under the worker's contract (“contractual remuneration”) (and paragraph (1) does not confer a right under that contract).

Any contractual remuneration paid to a worker in respect of a period of leave goes towards discharging any liability of the employer to make payments under this regulation in respect of that period; and, conversely, any payment of remuneration under this regulation in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

Regulations 4(1) and (2), 7(1), (2) and (6), 10, 12(1), 13(1) and (2) and 14(1) do not apply to workers to whom Directive 2002/15/EC of the European Parliament and of the Council, on the organisation of working time of persons performing mobile road transport activities, dated 11th March 2002 M21 applies.

Regulation 28 does not apply to workers to whom the Cross-border Railways Services (Working Time) Regulations (Northern Ireland) 2008 M22 apply.

For the purposes of this regulation—

• “shift worker” means any worker whose work schedule is part of shift work; and

• “shift work” means any method of organising work in shifts whereby workers succeed each other at the same workstations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks.

Regulations 7(1), (2) and (6), 12(1), 13(1) and (2) and 14(1) do not apply to a mobile worker in relation to whom the application of those regulations is not excluded by any provision of regulation 22.

A mobile worker, to whom paragraph (1) applies, is entitled to adequate rest, except where the worker's activities are affected by any of the matters referred to in regulation 25(e).

For the purposes of this regulation “adequate rest” means that a worker has regular rest periods, the duration of which are expressed in units of time and which are sufficiently long and continuous to ensure that, as a result of fatigue or other irregular working patterns, injury is not caused to the worker, to fellow workers or to others and that the health of the worker is not damaged, either in the short term or in the longer term.

Regulation 11 does not apply in relation to a worker serving as a member of the armed forces.

Regulations 6, 8, 12(2) and 13(3) do not apply in relation to a young worker serving as a member of the armed forces.

In a case where a young worker serving as a member of the armed forces is accordingly required to work during the restricted period, or is not permitted the minimum rest period provided for in regulation 12(2) or 13(3), the young worker shall be allowed an appropriate period of compensatory rest.

In the case of workers who are doctors in training, paragraphs (3) to (5) of regulation 4 shall not apply and paragraphs (2) and (3) of this regulation shall apply in their place.

Where a doctor in training has worked for an employer for less than 26 weeks, the reference period applicable is the period that has elapsed since the worker started work for the employer.

In the case of workers employed in offshore work, paragraphs (3) to (5) of regulation 4 shall not apply and paragraphs (2) and (3) of this regulation shall apply in their place.

Where a worker employed in offshore work has worked for an employer for less than 52 weeks, the reference period applicable is the period that has elapsed since the worker started work for the employer.

Notwithstanding paragraph (1), any additional annual leave in excess of 1.6 weeks or 8 days (whichever is the lesser) to which a worker is entitled, shall not be subject to the conditions of that paragraph.

This regulation shall cease to apply to a worker from the day when an employer ceases to provide additional annual leave in accordance with the conditions in paragraph (1).

Where the application of regulation 6, 8, 12(2) or 14(4) is excluded by paragraph (1), and a young worker is accordingly required to work during a period which would otherwise be a rest period or rest break, the employer shall allow the young worker to take an equivalent period of compensatory rest within the following three weeks.

In this regulation, regulations 37 to 42, 48 and Schedule 3—

• “the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978 M23;

• “the Civil Aviation Authority” means the authority referred to in section 2(1) of the Civil Aviation Act 1982 M24;

• “code of practice” includes a standard, a specification and any other documentary form of practical guidance;

• “enforcement authority” means the Executive, a district council, the Civil Aviation Authority or the Department of the Environment;

• “government department” includes a department of the Government of the United Kingdom;

• “improvement notice” means a notice under paragraph 3 of Schedule 3;

• “inspector” means an inspector appointed under paragraph 1 of Schedule 3;

• “premises” includes any place and, in particular, includes—

  1. a

     any vehicle, vessel, aircraft or hovercraft;

  2. b

     any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof); and

  3. c

     any tent or movable structure;

• “prohibition notice” means a notice under paragraph 4 of Schedule 3;

• “relevant civil aviation worker” means a mobile worker who works mainly on board civil aircraft, excluding any worker to whom regulation 22(2)(b) applies;

• “the relevant requirements” means the following provisions—

  1. a

     regulations 4(2), 6(4), 7(2) and (6), 8, 9(1), (2) and (6), 10, 11 and 35(4)(a);

  2. b

     regulation 28, insofar as it applies where regulation 7(1), (2) or (6) is modified or excluded, and

  3. c

     regulation 29(2), insofar as it applies where regulation 7(1), (2) or (6) is excluded;

• “relevant road transport worker” means a mobile worker to whom one or more of the following applies—

  1. a

     Regulation (EC) No. 561/2006M25;

  2. b

     the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) of 1st July 1970; and

  3. c

     the domestic drivers' hours code referred to in Article 56(6) of the Road Traffic (Northern Ireland) Order 1981 M26;

• “the relevant statutory provisions” means—

  1. a

     the provisions of the 1978 Order and of any regulations made under powers contained in that Order; and

  2. b

     while and to the extent that they remain in force, the statutory provisions mentioned in Schedule 1 to the 1978 Order.

Where the relevant requirements apply in relation to workers employed in premises in respect of which a district council is responsible, under the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999 M27, for enforcing any of the relevant statutory provisions, it shall be the duty of that council to enforce those requirements.

The duty imposed on district councils by paragraph (3) shall be performed in accordance with such guidance as may be given to them by the Executive.

It shall be the duty of the Civil Aviation Authority to enforce the relevant requirements in relation to relevant civil aviation workers.

It shall be the duty of the Department of the Environment to enforce the relevant requirements in relation to relevant road transport workers.

The provisions of Schedule 3 shall apply in relation to the enforcement of the relevant requirements.

Any function of the Department of Enterprise, Trade and Investment under the 1978 Order which is exercisable in relation to the enforcement by the Executive of the relevant statutory provisions shall be exercisable in relation to the enforcement by the Executive of the relevant requirements.

An employer who fails to comply with any of the relevant requirements shall be guilty of an offence.

The provisions of paragraph (3) shall apply where an inspector is exercising or has exercised any power conferred by Schedule 3.

A person guilty of an offence under paragraph (3) shall be liable to the penalty prescribed in relation to that provision by paragraph (6), (7) or (8) as the case may be.

A person guilty of an offence under paragraph (3)(a), (b) or (d), shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The provisions set out in regulations 38 to 42 shall apply in relation to the offences provided for in paragraphs (1) and (3).

For the purposes of these Regulations, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the functions of management as if that member were a director of the body corporate.

In paragraph (2) “partner” includes a person purporting to act as a partner.

Where a person is convicted of an offence in respect of any matters which appear to the court to be matters which it is in that person's power to remedy, the court may, in addition to or instead of imposing any punishment, order that person, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.

The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.

Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under these Regulations in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).

Where on a complaint under paragraph (1)(b) an industrial tribunal finds that an employer has failed to pay a worker in accordance with regulation 17(2) or 20(1), it shall order the employer to pay to the worker the amount which it finds to be due.

In this regulation—

• “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters M28;

• “mediation” has the meaning given by article 3(a) of the Mediation Directive;

• “mediator” has the meaning given by article 3(b) of the Mediation Directive; and

• “relevant dispute” means a dispute to which Article 8(1) of the Mediation Directive applies (certain cross-border disputes).

The time limit expires instead at the end of four weeks after the mediation ends (subject to paragraph (4)).

If a time limit mentioned in paragraph (2)(a) has been extended by this regulation, paragraphs (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in paragraph (2)(a).

Where more than one time limit applies in relation to a relevant dispute, the extension by paragraph (3) of one of those time limits does not affect the others.

For the purposes of this regulation, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

For the purpose of paragraph (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

In the case of any relevant dispute, references in this regulation to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.

Where the tribunal has the power under regulation 43(2)(b) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this regulation.

In paragraph (4)(a), “qualified lawyer” means a barrister (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

In paragraph (4)(b), “independent trade union” has the same meaning as in the 1996 Order.

The Department for Employment and Learning shall, after consulting persons appearing to it to represent the two sides of industry, arrange for the publication, in such form and manner as it considers appropriate, of information and advice concerning the operation of these Regulations.

The information and advice shall be such as appear to that Department best calculated to enable employers and workers affected by these Regulations to understand their respective rights and obligations under them.

Subject to paragraph (4) and regulation 49, these Regulations have effect in relation to Crown employment and persons in Crown employment as they have effect in relation to other employment and other workers.

In paragraph (1) “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision.

No act or omission by the Crown which is an offence under regulation 37 shall make the Crown criminally liable, but the High Court may, on the application of a person appearing to the Court to have an interest, declare any such act or omission unlawful.

Where a complaint of the kind referred to in paragraph (2) is presented to an industrial tribunal, the service redress procedures may continue after the complaint is presented.

In this regulation, “the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in sections 340A to 340G of the Armed Forces Act 2006.

Subject to paragraph (2), for the purposes of these Regulations, the holding, otherwise than under a contract of employment, of the office of constable shall be treated as employment, under a worker's contract, by the relevant officer.

For the purposes of these Regulations, any constable who has been seconded to the National Crime Agency to serve as a member of its staff shall be treated as employed by the National Crime Agency.

Any matter relating to the employment of a worker which may be provided for the purposes of these Regulations in a workforce agreement may be provided for the same purposes in relation to the service of a person holding the office of constable by an agreement between the relevant officer and the central committee.

In this regulation—

• “the central committee” means the committee constituted in accordance with regulation 14 of the Police Association for Northern Ireland Regulations 1991 M32; and

• “the relevant officer” means—

  1. a

     in relation to a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the chief constable; and

  2. b

     in relation to any other person holding the office of constable, the person who has the direction and control of the body of constables in question.

In Schedule 4A to the Industrial Relations (Northern Ireland) Order 1992 M33, for the entry “Regulation 30 of the Working Time Regulations (Northern Ireland) 1998 (SR 1998/386) (breach of regulations)” substitute “ Regulation 43 of the Working Time Regulations (Northern Ireland) 2016 (S.R. 2016 No. 49) (breach of regulations) ”.

In Article 20(1)(f) (cases where conciliation provisions apply) of the Industrial Tribunals (Northern Ireland) Order 1996, for “regulation 30 of the Working Time Regulations (Northern Ireland) 1998” substitute “ regulation 43 of the Working Time Regulations (Northern Ireland) 2016 ”.

In Schedule 4 to the Employment (Northern Ireland) Order 2003 M34, for the entry “Regulation 30 of the Working Time Regulations (Northern Ireland) 1998 (SR 1998/386) (breach of regulations)” substitute “ Regulation 43 of the Working Time Regulations (Northern Ireland) 2016 (breach of regulations) ”.

In regulation 4(6)(a) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005 M35, for “regulation 13 of the Working Time Regulations (Northern Ireland) 1998” substitute “ regulation 15 of the Working Time Regulations (Northern Ireland) 2016 ”.

In regulation 21(1)(f) of the Police Service of Northern Ireland Regulations 2005 M36, for “ regulation 2(2) of the Working Time Regulation (Northern Ireland) 1998” substitute “ regulation 2(2) of the Working Time Regulations (Northern Ireland) 2016 ”.

In the definitions of “rest period”, “working time” and “working time agreement” in regulation 6(5) of the Agency Workers Regulations (Northern Ireland) 2011 M37, for “Working Time Regulations (Northern Ireland) 1998” substitute “ Working Time Regulations (Northern Ireland) 2016 ”.

In the Schedule to the Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 2012 M38, for the entry “regulation 30 of the Working Time Regulations (Northern Ireland) 1998” substitute “ regulation 43 of the Working Time Regulations (Northern Ireland) 2016 ”.

The revocations in paragraph (1) do not affect the amendments made by those Regulations to the Industrial Tribunals (Northern Ireland) Order 1996 and to the 1996 Order.

The provisions saved by paragraph (2) have effect subject to the amendments made by regulation 53(2) and (3).