Draft Regulations laid before Parliament under paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 for approval by resolution of each House of Parliament.
2019 No. XXXX
The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to measures relating to employment rights and duties2 and measures relating to the organisation of working time3.
In accordance with paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 20184, and paragraph 2(2) of Schedule 2, to the European Communities Act 1972 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018; and section 2(2) of, and paragraph 1A of Schedule 2, to the European Communities Act 1972, and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.
Citation, commencement and extent1
1
These Regulations may be cited as the Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, and come into force on exit day, subject to paragraph (2).
2
The following provisions of these Regulations come into force the day after the day on which these Regulations are made—
a
this regulation;
b
in the Schedule—
i
paragraph 5(2)(c), and
ii
paragraph 8(2)(c);
and regulation 2, as it relates to those provisions.
3
These Regulations extend to Northern Ireland only.
Amendments to employment rights legislation extending to Northern Ireland2
The Schedule (which amends employment rights legislation extending to Northern Ireland, and contains a saving provision) has effect.
SCHEDULEAMENDMENTS TO EMPLOYMENT RIGHTS LEGISLATION EXTENDING TO NORTHERN IRELAND
PART 1PRIMARY LEGISLATION
The Employment Rights (Northern Ireland) Order 19961
The Employment Relations (Northern Ireland) Order 19992
In Article 21 (part-time work: discrimination) of the Employment Relations (Northern Ireland) Order 19997, omit paragraph (4).
Employment Act 20023
In section 46 (fixed-term work: Northern Ireland) of the Employment Act 20028, omit subsection (4).
Employment Relations Act 20044
1
Section 43 (information and consultation: Northern Ireland) of the Employment Relations Act 20049 is amended as follows.
2
Omit subsection (5).
3
In subsection (6), for “(2) to (5)” substitute “(2) to (4)”.
PART 2SECONDARY LEGISLATION
Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 20025
1
The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 200210 are amended as follows.
2
In regulation 3 (treatment of persons in other EEA States as employees)—
a
in the heading omit “other”;
b
in sub-paragraph (a) omit the words “other than the United Kingdom”;
c
in sub-paragraph (b) after “1408/71” insert “as amended from time to time or Regulation (EC) No 883/200411 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems”.
3
In regulation 5 (entitlement to statutory paternity pay where person has worked in an EEA State)—
a
in paragraph (1)—
i
in sub-paragraph (b) for “another” substitute “an”;
ii
after sub-paragraph (b) for “the other EEA” substitute “the EEA”;
b
in paragraph (2)—
i
in sub-paragraph (b) for “another” substitute “an”;
ii
after sub-paragraph (b) for “the other EEA” substitute “the EEA”.
4
In regulation 6 (entitlement to statutory adoption pay where person has worked in an EEA State)—
a
in sub-paragraph (b) for “another” substitute “an”;
b
after sub-paragraph (b) for “the other EEA” substitute “the EEA”.
The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 20056
In Schedule 1 (Industrial Tribunal Rules of Procedure) to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 200512 omit paragraph 57 (references to the European Court of Justice).
The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 20057
In Schedule 1 (Fair Employment Tribunal Rules of Procedure) to the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 200513 omit paragraph 44 (references to the European Court of Justice).
The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 20158
1
The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 201514 are amended as follows.
2
In regulation 5 (treatment of persons in other EEA States as employees)—
a
in the heading omit “other”;
b
in sub-paragraph (a) omit “other than the United Kingdom”;
c
in sub-paragraph (b) after “1408/71” insert “as amended from time to time or Regulation (EC) 883/2004 of the European Parliament and of the Council of 29 April 2004 as amended from time to time on the coordination of social security systems”.
3
In regulation 7 (entitlement to statutory shared parental pay where person has worked in an EEA State)—
a
in paragraph (1)—
i
in sub-paragraph (c) for “another” substitute “an”;
ii
after sub-paragraph (c) for “the other EEA” substitute “the EEA”;
b
in paragraph (2)—
i
in sub-paragraph (c) for “another” substitute “an”;
ii
after sub-paragraph (c) for “the other EEA” substitute “the EEA”.
4
In Schedule 2 (adoptions from overseas) in paragraph 6(1), in the modified version of regulation 7(2)—
a
in sub-paragraph (c) for “another” substitute “an”;
b
after sub-paragraph (c) for “the other EEA” substitute “the EEA”.
The Working Time Regulations (Northern Ireland) 20169
1
The Working Time Regulations (Northern Ireland) 201615 are amended as follows.
2
Regulation 22 (excluded sectors) is amended as follows—
a
in paragraph (2) for sub-paragraph (b) substitute—
b
to workers to whom the Civil Aviation (Working Time) Regulations 200416 apply.
b
in paragraph (3) for the words from “Directive 2002/15/EC” to the end substitute “the Road Transport (Working Time) Regulations (Northern Ireland) 200517 apply”.
The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 201610
1
The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 201618 are amended as follows.
2
In regulation 3 (scope of application of Part 2)—
a
in paragraph (2)—
i
for the definition of “employer” substitute—
“employer” means a service provider established in the United Kingdom or a Member State which posts or hires out workers in a manner described by paragraph 3 of Article 1 of Directive 96/71/EC19;
ii
in the definition of “posted worker in the construction sector”, in sub-paragraph (a), omit “other than the United Kingdom”.
b
after paragraph (2) insert—
3
For the purposes of the definition of “employer” in paragraph (2), paragraph 3 of Article 1 of Directive 96/71/EC is to be read as if—
a
in point (a)—
i
after “post workers to” there were inserted “the United Kingdom or”;
ii
after “operating in” there were inserted “the United Kingdom or”;
b
in point (b), after “by the group in” there were inserted “the United Kingdom or”;
c
in point (c), after “operating in” there were inserted “the United Kingdom or”.
3
In regulation 8 (cross-border enforcement of financial administrative penalties and fines) omit “other than the United Kingdom” in each place it occurs.
PART 3SAVING PROVISION
11
The amendments made by Part 1 of this Schedule do not affect the validity of any regulations that came into force before exit day and were made under any of the Acts or Orders amended by that Part.
(This note is not part of the Regulations)