The Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 No. 3049

Regulation 20

SCHEDULE 2 U.K. AMENDMENTS TO LEGISLATION

F1 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Sch. 2 para. 1 revoked (1.1.2007) by The Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006 (S.I. 2006/3223), regs. 1(b), 2, Sch. 1

2.—(1) The Employment Tribunals Act 1996 M1 is amended as follows. U.K.

(2) In section 18(1)(cases where conciliation provisions apply), the word “or” preceding paragraph (1) is omitted and after that paragraph there is inserted—

“(m) under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.”.

(3) In section 21(1) (jurisdiction of the Employment Appeal Tribunal), the word “or” preceding paragraph (m) is omitted and after that paragraph there is inserted—

“(n) the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.”.

Marginal Citations

M1 1996 c. 17.

3.—(1) The Employment Rights Act 1996 M2 is amended as follows. U.K.

(2) In section 45A (right not to suffer detriment: working time cases), after subsection (4) there is inserted—

“(5) A reference in this section to the Working Time Regulations 1998 includes a reference to the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.”.

(3) In section 101A (fairness in dismissal: working time cases), the existing provision shall become subsection (1) and after it there is inserted—

“(2) A reference in this section to the Working Time Regulations 1998 includes a reference to the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.”.

(4) In section 104(4)(d) (fairness in dismissal: assertion of statutory right), at the end there is inserted “ or the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 ”.

Marginal Citations

M2 1996 c. 18; section 45A was inserted by regulation 31(1) of the Working Time Regulations 1998, S.I. 1998/1833 (the 1998 Regulations) and amended by the Employment Relations Act 1999 (c. 26), section 18(3) and Schedule 9, Table 3; section 101A was inserted by regulation 32(1) of the 1998 Regulations and section 104(4)(d) was inserted by regulation 32(2) of those Regulations.

4.—(1) The Employment Rights (Northern Ireland) Order 1996 M3 is amended as follows. U.K.

(2) In Article 68A (right not to suffer detriment: working time cases), after paragraph (4) there is inserted—

“(5) A reference in this Article to the Working Time Regulations (Northern Ireland) 1998 includes a reference to the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.”.

(3) In Article 132A (fairness in dismissal: working time cases), the existing provision shall become paragraph (1) and after it there is inserted—

“(2) A reference in this Article to the Working Time Regulations (Northern Ireland) 1998 includes a reference to the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.”.

(4) In Article 135(4)(d) (fairness in dismissal: assertion of statutory right), at the end there is inserted “ or the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 ”.

Marginal Citations

M3 S.I. 1996/1919 (N.I. 16); Article 68A was inserted by regulation 31(1) of the Working Time Regulations (Northern Ireland) 1998 (S.R. (N.I.) 1998 No. 386) (“the 1998 Regulations”) and amended by the Employment Relations (Northern Ireland) Order 1999, S.I. 1999/2790 (N.I. 9), Article 20(3) and Schedule 9; Articles 132A and 135(4)(d) were inserted by regulation 32(1) and (2) of the 1998 Regulations, respectively.

5.  In Article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996 M4 (cases where conciliation provisions apply), at the end there is inserted— U.K.

“(k) under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003”.

Marginal Citations

M4 See footnote (b) on page 3.

6.  In regulation 18(1) of the Working Time Regulations 1998 M5 (excluded sectors), for paragraph (c) there is substituted— U.K.

“(c) to workers to whom the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 apply”.

Marginal Citations

M5 S.I. 1998/1833; regulation 18 was substituted by the Working Time (Amendment) Regulations 2003, S.I. 2003/1684, regulation 4.

7.  In regulation 18(1) of the Working Time Regulations (Northern Ireland) 1998 M6 (excluded sectors), for paragraph (c) there is substituted— U.K.

“(c) to workers to whom the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 apply”.

Marginal Citations

M6 S.R. (N.I.) 1998 No. 386; regulation 18 was substituted by the Working Time (Amendment No. 2) Regulations (Northern Ireland) 2003, S.R. (N.I.) 2003 No. 330.

8.  In regulation 3(3) of the Merchant Shipping (Medical Examination) Regulations 2002 M7 (application of Regulations), at the end there is inserted “ or the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 ”. U.K.

Marginal Citations

M7 S.I. 2002/2055.

9.  In regulation 3(2) of the Merchant Shipping (Hours of Work) Regulations 2002 M8 (application of Regulations), at the end there is inserted “ or the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 ”. U.K.

Marginal Citations

M8 S.I. 2002/2125.