The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

Regulation 22

SCHEDULE 2 AMENDMENTS TO LEGISLATION

1.—(1) The Employment Tribunals Act 1996(1) is amended as follows.

(2) In section 18(1) (cases where conciliation provisions apply), after paragraph (m) there is inserted–

“(n) under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”.

(3) In section 21(1) (jurisdiction of the Employment Appeal Tribunal), after paragraph (n) there is inserted–

“(o) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”.

2.—(1) The Employment Rights Act 1996(2) is amended as follows.

(2) In section 45A(5) (right not to suffer detriment: working time cases)–

(a) After “reference to” there is inserted “(a)”; and

(b) At the end there is inserted–

“(b) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”.

(3) In section 101A (2) (fairness in dismissal: working time cases)–

(a) After “reference to” there is inserted “(a)”; and

(b) At the end there is inserted–

“(b) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”.

(4) In section 104(4) (fairness in dismissal: assertion of statutory right), for paragraph (d) there is substituted–

“(d) the rights conferred by the Working Time Regulations 1998, the Merchant Shipping (Working Time: Inland Waterway) Regulations 2003 or the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”.

3.—(1) The Employment Rights (Northern Ireland) Order 1996(3) is amended as follows.

(2) In Article 68A (right not to suffer detriment: working time cases)–

(a) After “reference to” there is inserted “(a)”; and

(b) at the end there is inserted–

“(b) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”

(3) In Article 132A (fairness in dismissal: working time cases)–

(a) after “reference to” there is inserted “(a)”; and

(b) at the end there is inserted

“(b) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”

(4) In Article 135(4) (fairness in dismissal: assertion of statutory right), for paragraph (d) there is substituted–

“(d) the rights conferred by the Working Time Regulations (Northern Ireland) 1998, the Merchant Shipping (Working Time: Inland Waterway) Regulations 2003 or the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”.

4.  In Article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996(4) (cases where conciliation provisions apply), at the end there is inserted–

“(1) under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”.

5.  In regulation 18(1) of the Working Time Regulations 1998(5) (excluded sectors), for paragraph (b) there is substituted–

“(b) to workers to whom the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 apply;”.

6.  In regulation 18(1) of the Working Time Regulations (Northern Ireland) 1998(6) (excluded sectors), for paragraph (b) there is substituted–

“(b) to workers to whom the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 apply.”.

7.  In regulation 3 of the Merchant Shipping (Medical Examination) Regulations 2002(7) (application of Regulations), for paragraph (3) there is substituted–

“(3) These Regulations shall not apply to any person who is subject to any requirement contained in the Working Time Regulations 1998, the Merchant Shipping (Working Time: Inland Waterway) Regulations 2003 or the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.”.

8.  In regulation 3(2) of the Merchant Shipping (Hours of Work) Regulations 2002(8) (application of Regulations), at the end there is inserted “or the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004”.

(1)

1996 c. 17.

(2)

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. Those sections were amended by paragraph 3 of Schedule 2 to the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003, S.I. 2003/3049.

(3)

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. Those Articles were amended by paragraph 4 of Schedule 2 to the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003, S.I. 2003/3049.

(4)

See footnote (e) on page 3.

(5)

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

(6)

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.

(7)

S.I. 2002/2055.

(8)

S.I. 2002/2125.