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2003 No. 521

FAIR EMPLOYMENT

Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003

  Made 9th December 2003 
  Coming into operation 1st January 2004 

Whereas, in accordance with Article 50(3) of the Fair Employment and Treatment (Northern Ireland) Order 1998[1] ("the 1998 Order"), each person who, by virtue of the following Order, becomes a public authority for any of the purposes of Articles 52 to 65 of the 1998 Order is:

    (1) A Minister of the Crown or a Northern Ireland Minister;

    (2) A statutory body or the holder of a statutory office; or

    (3) A person appearing to the Office of the First Minister and deputy First Minister[2] ("the Department") to exercise functions of a public nature;

     And whereas, in accordance with Article 51(4) of the 1998 Order, it appears to the Department that some or all of the people who are employed by each person, who by virtue of the following Order becomes an employer for the purposes of Articles 52 to 61 of the 1998 Order, who are in the service of the Crown for the purposes of the functions of those persons or who are treated by virtue of the following Order as so employed or as in such service, are employed or serve in Northern Ireland:

     Now, therefore, the Department in exercise of the powers conferred by Article 50(1) and (2) and Article 51(2) of the 1998 Order and now vested in it[3] and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003 and shall come into operation on 1st January 2004.

Amendment of the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000
    
2. The Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000[4] shall be amended in accordance with Articles 3 to 5.

     3. In paragraph (2) of Article 1, for the definition of "police force" there shall be substituted -

      " "police" has the same meaning as in the Police (Northern Ireland) Act 2000[5];".

     4. In paragraph (d) of Article 2 -

    (a) for "Chief Constable of the Royal Ulster Constabulary" there shall be substituted "Chief Constable of the Police Service of Northern Ireland"; and

    (b) the word "force" shall be deleted.

     5. For the Schedule there shall be substituted the Schedule to this Order.

Revocation
    
6. The following Orders are hereby revoked -

    (a) the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2001[6];

    (b) the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2002[7].



Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on


9th December 2003.

L.S.


P. McAuley
A Senior Officer of the Office of the First Minister and deputy First Minister


SCHEDULE
Article 5



    " SCHEDULE


    PART I

    PUBLIC AUTHORITIES FOR THE PURPOSES OF ARTICLES 52 TO 65 OF THE 1998 ORDER

    Agricultural Research Institute of Northern Ireland

    Altnagelvin Hospitals Health and Social Services Trust

    Armagh and Dungannon Health and Social Services Trust

    Arts Council of Northern Ireland

    Assembly Ombudsman for Northern Ireland

    Belfast City Hospital Health and Social Services Trust

    Belfast Education and Library Board

    Belfast Harbour Commissioners

    The Board of Governors of Stranmillis University College, Belfast

    Board of Trustees of the National Museums and Galleries of Northern Ireland

    British Broadcasting Corporation

    Causeway Health and Social Services Trust

    Chief Electoral Officer for Northern Ireland

    Citybus Limited

    Coleraine Harbour Commissioners

    Commissioner for Children and Young People for Northern Ireland

    Comptroller and Auditor General for Northern Ireland

    Construction Industry Training Board

    Council for Catholic Maintained Schools

    Craigavon Area Hospital Group Health and Social Services Trust

    Craigavon and Banbridge Community Health and Social Services Trust

    Any District Council

    Down Lisburn Health and Social Services Trust

    Eastern Health and Social Services Board

    Economic Research Institute of Northern Ireland Limited

    Enterprise Ulster

    Equality Commission for Northern Ireland

    Fire Authority for Northern Ireland

    Fisheries Conservancy Board for Northern Ireland

    Flexibus Limited

    Foyle, Carlingford and Irish Lights Commission

    Foyle Health and Social Services Trust

    General Consumer Council for Northern Ireland

    General Teaching Council for Northern Ireland

    The governing body of the Armagh College of Further Education

    The governing body of the Belfast Institute of Further and Higher Education

    The governing body of the Castlereagh College of Further and Higher Education

    The governing body of the Causeway Institute of Further and Higher Education

    The governing body of the East Antrim Institute of Further and Higher Education

    The governing body of the East Down Institute of Further and Higher Education

    The governing body of the East Tyrone College of Further and Higher Education

    The governing body of the Fermanagh College of Further and Higher Education

    The governing body of the Limavady College of Further and Higher Education

    The governing body of the Lisburn Institute of Further and Higher Education

    The governing body of the Newry and Kilkeel Institute of Further and Higher Education

    The governing body of the North Down and Ards Institute of Further and Higher Education

    The governing body of the North East Institute of Further and Higher Education

    The governing body of the North West Institute of Further and Higher Education

    The governing body of the Omagh College of Further Education

    The governing body of the Upper Bann Institute of Further and Higher Education

    Green Park Health and Social Services Trust

    Homefirst Community Health and Social Services Trust

    Ilex Urban Regeneration Company Limited

    Invest Northern Ireland

    Labour Relations Agency

    Laganside Corporation

    Livestock and Meat Commission for Northern Ireland

    Local Government Staff Commission for Northern Ireland

    Londonderry Port and Harbour Commissioners

    Mater Infirmorum Hospital Health and Social Services Trust

    Mental Health Commission for Northern Ireland

    Newry and Mourne Health and Social Services Trust

    North Eastern Education and Library Board

    North and West Belfast Health and Social Services Trust

    The North/South Language Body

    Northern Health and Social Services Board

    Northern Ireland Ambulance Service Health and Social Services Trust

    Northern Ireland Assembly Commission

    Northern Ireland Blood Transfusion Service Agency

    Northern Ireland Central Services Agency for the Health and Social Services

    Northern Ireland Commissioner for Complaints

    Northern Ireland Community Relations Council

    Northern Ireland Council for the Curriculum, Examinations and Assessment

    Northern Ireland Council for Postgraduate Medical and Dental Education

    Northern Ireland Economic Development Office

    Northern Ireland Fishery Harbour Authority

    Northern Ireland Guardian Ad Litem Agency

    Northern Ireland Health Promotion Agency

    Northern Ireland Housing Executive

    Northern Ireland Human Rights Commission

    Northern Ireland Legal Services Commission

    Northern Ireland Local Government Officers' Superannuation Committee

    Northern Ireland Policing Board

    Northern Ireland Practice and Education Council for Nursing and Midwifery

    Northern Ireland Railways Company Limited

    Northern Ireland Regional Medical Physics Agency

    Northern Ireland Social Care Council

    Northern Ireland Tourist Board

    Northern Ireland Transport Holding Company

    Office of Communications

    The Police Ombudsman for Northern Ireland

    Probation Board for Northern Ireland

    Royal Group of Hospitals and Dental Hospital Health and Social Services Trust

    Royal Mail Group plc

    South and East Belfast Health and Social Services Trust

    South Eastern Education and Library Board

    Southern Education and Library Board

    Southern Health and Social Services Board

    The Special EU Programmes Body

    Sperrin Lakeland Health and Social Services Trust

    Sports Council for Northern Ireland

    Staff Commission for Education and Library Boards

    Strategic Investment Board Limited

    The Trade and Business Development Body

    Tourism Ireland Limited

    Ulster Community and Hospitals Health and Social Services Trust

    Ulster Supported Employment Limited

    Ulsterbus Limited

    United Hospitals Health and Social Services Trust

    Warrenpoint Harbour Authority

    Waterways Ireland

    Western Education and Library Board

    Western Health and Social Services Board

    Youth Council for Northern Ireland



    PART II

    PUBLIC AUTHORITIES FOR THE PURPOSES OF ARTICLES 62 TO 65 OF THE 1998 ORDER

    First Secretary of State

    Secretary of State for Constitutional Affairs

    Secretary of State for Defence

    Secretary of State for Environment, Food and Rural Affairs

    Secretary of State for the Home Department

    Secretary of State for Northern Ireland

    Secretary of State for Trade and Industry

    Secretary of State for Transport

    Secretary of State for Work and Pensions

    Commissioners of Customs and Excise

    Board of Inland Revenue

    The Lord Chancellor

    The Chief Constable of the Police Service of Northern Ireland

    The Comptroller of Her Majesty's Stationery Office

    The Director-General for Electricity Supply for Northern Ireland

    The Director-General of Gas for Northern Ireland

    The Director of Savings (Department for National Savings)

    Health and Safety Executive for Northern Ireland

    Northern Ireland Health and Personal Social Services Regulation and Improvement Authority

    Any Northern Ireland Department

    Any Northern Ireland Minister

    The governing body of an Institution of Further Education within the meaning of the Further Education (Northern Ireland) Order 1997 established on or after 1st January 2004

    Any Health and Social Services trust established on or after 1st January 2004 under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991."



EXPLANATORY NOTE

(This note is not part of the Order.)


This Order amends the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000 ("the 2000 Order") which specifies a number of persons or bodies as public authorities for certain purposes under Part VII of the Fair Employment and Treatment (Northern Ireland) Order 1998 ("the 1998 Order") and provides for the persons who are to be treated for such purposes as the employees of some of those authorities.

The Schedule to the 2000 Order lists in Part I the bodies who are public authorities for the purposes of Articles 52 to 65 of the 1998 Order and in Part II the bodies who are public authorities for the purposes of Articles 62 to 65 of the 1998 Order.

Articles 3 and 4 of this Order repeat amendments included in the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2001 which, by virtue of Article 6, is now revoked as is the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2002.

Article 5 of this Order substitutes a new Schedule to the 2000 Order.

The following bodies are added:

    Part I Commissioner for Children and Young People for Northern Ireland

    Economic Research Institute of Northern Ireland Limited

    General Teaching Council for Northern Ireland

    Ilex Urban Regeneration Company Limited

    Northern Ireland Legal Services Commission

    Office of Communications

    Strategic Investment Board Limited

    Tourism Ireland Limited

    Part II First Secretary of State

    Secretary of State for Constitutional Affairs

    Secretary of State for Transport

    Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.

The following bodies are deleted:

    Part I The Juvenile Justice Board

    Part II Secretary of State for Transport, Local Government and the Regions.


Notes:

[1] S.I. 1998/3162 (N.I. 21)back

[2] See S.R. 1999 No. 481; Article 4(a) and Part I Schedule 2back

[3] S.R. 1999 No. 481 Schedule 2, Part Iback

[4] S.R. 2000 No. 371 as amended by S.R. 2001 No. 421 and S.R. 2002 No. 367back

[5] 2000 c. 32back

[6] S.R. 2001 No. 421back

[7] S.R. 2002 No. 367back



ISBN 0 33795336 8


  © Crown copyright 2003

Prepared 9 January 2004
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