SCHEDULEAMENDMENTS TO LEGISLATION

Regulation 3

1.

(1)

The Employment Tribunals Act 1996 M1 is amended as follows.

(2)

In section 18(1) (cases where conciliation provisions apply)—

(a)

omit the “or” at the end of paragraph (w) ;

(b)

at the end of paragraph (x) insert “ , or ”;

(c)

after paragraph (x) insert—

“(y)

under regulation 22 of the Merchant Shipping (Hours of Work) Regulations  2002.”.

(3)

In section 21(1) (jurisdiction of the Appeal Tribunal)—

(a)

omit the “or” at the end of paragraph (x) ;

(b)

at the end of paragraph (y) insert “ , or ”;

(c)

after paragraph (y) insert—

“(z)

the Merchant Shipping (Hours of Work) Regulations 2002.”.

2.

(1)

The Employment Rights Act 1996 M2 is amended as follows.

(2)

In section 45A(5) (right not to suffer detriment: working time cases) after paragraph (c) insert—

“(d)

the Merchant Shipping (Hours of Work) Regulations 2002.”.

(3)

In section 101A(2) (fairness in dismissal: working time cases) after paragraph (c) insert—

“(d)

the Merchant Shipping (Hours of Work) Regulations 2002.”.

(4)

In section 104(4) (fairness in dismissal: assertion of statutory right), in paragraph (d), after “the Working Time Regulations 1998,” insert “ the Merchant Shipping (Hours of Work) Regulations 2002, ”.

3.

(1)

The Employment Rights (Northern Ireland) Order 1996 M3 is amended as follows.

(2)

In Article 68A(5) (rights not to suffer detriment: working time cases)—

(a)

omit the “and” at the end of sub-paragraph (b);

(b)

at the end of sub-paragraph (c) insert “ ; and ”;

(c)

after sub-paragraph (c) insert—

“(d)

the Merchant Shipping (Hours of Work) Regulations 2002.”.

(3)

In Article 132A(2) (right not to be unfairly dismissed: working time cases)—

(a)

omit the “and” at the end of sub-paragraph (b);

(b)

at the end of sub-paragraph (c) insert “ ; and ”;

(c)

after sub-paragraph (c) insert—

“(d)

the Merchant Shipping (Hours of Work) Regulations 2002.”.

(4)

In Article 135(4) (right not to be unfairly dismissed: assertion of statutory right), in sub-paragraph (d), after “the Working Time Regulations (Northern Ireland) 1998,” insert “ the Merchant Shipping (Hours of Work) Regulations 2002, ”.

4.

(1)

The Industrial Tribunals (Northern Ireland) Order 1996 M4 is amended as follows.

(2)

In Article 20(1) (cases where conciliation provisions apply)—

(a)

omit the “or” at the end of sub-paragraph (s);

(b)

at the end of sub-paragraph (t) insert “ , or ”;

(c)

after sub-paragraph (t) insert—

“(u)

under regulation 21 of the Merchant Shipping (Hours of Work) Regulations 2002.”

5.

(1)

The Working Time Regulations 1998 M5 are amended as follows.

(2)

In regulation 18(1) (excluded sectors) for sub-paragraph (a) substitute—

“(a)

to workers to whom the Merchant Shipping (Hours of Work) Regulations 2002 apply.”.

6.

(1)

The Working Time Regulations (Northern Ireland) 1998 M6 are amended as follows.

(2)

In regulation 18(1) (excluded sectors) for sub-paragraph (a) substitute—

“(a)

to workers to whom the Merchant Shipping (Hours of Work) Regulations 2002 apply.”.