SCHEDULEAMENDMENTS TO EMPLOYMENT RIGHTS LEGISLATION EXTENDING TO NORTHERN IRELAND
PART 1PRIMARY LEGISLATION
The Employment Rights (Northern Ireland) Order 1996I101
The Employment Relations (Northern Ireland) Order 1999I72
In Article 21 (part-time work: discrimination) of the Employment Relations (Northern Ireland) Order 1999 M3, omit paragraph (4).
Employment Act 2002I83
In section 46 (fixed-term work: Northern Ireland) of the Employment Act 2002 M4, omit subsection (4).
Employment Relations Act 2004I94
1
Section 43 (information and consultation: Northern Ireland) of the Employment Relations Act 2004 M5 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) 2002I2I15
1
The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002 M6 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”;
I1c
in sub-paragraph (b) after “1408/71” insert “
as amended from time to time or Regulation (EC) No 883/2004M7 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) 2005F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005F27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2015I4I38
1
The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2015 M8 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”;
I3c
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) 2016I59
1
The Working Time Regulations (Northern Ireland) 2016 M9 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 2004 M10 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) 2005 M11 apply
”
.
The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016I610
1
The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016 M12 are amended as follows.
2
In regulation 3 (scope of application of Part 2)—
a
in paragraph (2)—
i
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
I1111
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.