- Statutory Rule 2005 No. 73 (C. 6)
The Employment Relations (2004 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005
© Crown Copyright 2005
Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Employment Relations (2004 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005, ISBN 0337958815. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 9th March 2005 |
The Department for Employment and Learning, in exercise of the powers conferred on it by Article 1(2) and (3) of the Employment Relations (Northern Ireland) Order 2004[1] and of all other powers enabling it in that behalf, hereby makes the following Order:
Citation
1. This Order may be cited as the Employment Relations (2004 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005.
Interpretation
2. In this Order -
-
"the 2004 Order" means the Employment Relations (Northern Ireland) Order 2004; and
-
"the 1995 Order" means the Trade Union and Labour Relations (Northern Ireland) Order 1995[2].
Appointed day
3.
The following provisions of the 2004 Order shall come into operation on 13th March 2005 -
-
(a) Articles 17, 19 and 28; and
(b) in Schedule 1 to the 2004 Order (Amendments to Schedule 1A to the 1995 Order), paragraphs 15 and 18.
Transitional provisions
4.
The coming into operation of the provisions mentioned in Article 3 is subject to the transitional provisions in Article 5.
5.
Until the appointed day for the coming into operation of paragraphs 16, 17 and 20 of Schedule 1 to the 2004 Order, in paragraph 166(2) of Schedule 1A to the 1995 Order (which paragraph 15 substitutes for the original paragraph 166(2) of that Schedule) for "166A, 166B, 169A, 169B and 171A" there shall be substituted "169A and 169B".
Sealed with the Official Seal of the Department for Employment and Learning on
13th March 2005.
L.S.
T. Devine
A senior officer of the Department for Employment and Learning
(This note is not part of the Order.)
This Order brings into operation on 13th March 2005, Articles 17, 19 and 28 of the Employment Relations (Northern Ireland) Order 2004 ("the 2004 Order"), together with paragraphs 15 and 18 of Schedule 1 to the 2004 Order.
Article 17 of the 2004 Order replaces Article 12(6) of the Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18)) so as to clarify that the power conferred in that provision applies to any proceedings where a national security issue is at stake.
Article 19 of the 2004 Order makes a technical amendment to Article 24(5) of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)), which confers certain order-making powers on the Department for Employment and Learning ("the Department").
Article 28 of the 2004 Order provides a new order-making power for the Department to widen the means of voting available in ballots and elections conducted under the Trade Union and Labour Relations (Northern Ireland) Order 1995 ("the 1995 Order").
Paragraph 15 of Schedule 1 to the 2004 Order amends paragraph 166 of Schedule 1A to the 1995 Order. It extends the Department's powers to amend (at the request of the Industrial Court) the provisions of Schedule 1A, which provides a statutory procedure for the recognition and derecognition of trade unions for the purpose of collective bargaining.
Paragraph 18 of Schedule 1 to the 2004 Order further amends Schedule 1A to the 1995 Order by inserting paragraphs 169A to C which provide order-making powers to enable the Department to deal with cases where, subsequent to anything being done under or for the purposes of the Schedule, the trade union to which the action related amalgamates or transfers its engagements or the employer involved ceases to be the employer (for example, by reason of a business transfer).
The Order contains transitional provisions.
(This note is not part of the Order.)
The following provisions of the Employment Relations (Northern Ireland) Order 2004 have been brought into operation by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.R. Number |
| Articles 12-15 | 26th December 2004 | 2004 No. 519 (C. 30) |
| Article 18 | 26th December 2004 | 2004 No. 519 (C. 30) |
| In Schedule 2, paragraphs 8-10, 14, 15, 18, 19, 22, 23, 24(1), (3) and (4), 25, and Article 30(1) so far as it relates to those paragraphs. | 26th December 2004 | 2004 No. 519 (C. 30) |
| In Schedule 3, the entries relating to Articles 73, 75, 136 and 161 of the Employment Rights (Northern Ireland) Order 1996; the entry relating to Article 19 of the Employment Relations (Northern Ireland) Order 1999, and Article 30(2) so far as it relates to those repeals. | 26th December 2004 | 2004 No. 519 (C. 30) |
Notes:
[1] S.I. 2004/3078 (N.I. 19)back
[2] S.I. 1995/1980 (N.I. 12)back
ISBN 0 337 95881 5