Made | 21st July 2005 |
Appointed Day
3.
The day appointed for the coming into operation of the provisions of the 2004 Order specified in the Schedule is 24th July 2005.
Transitional provisions
4.
The coming into operation of the provisions of the 2004 Order specified in the Schedule is subject to the transitional provisions in Articles 5 to 18.
5.
—(1) The amendments made to Schedule 1A by paragraphs 1 to 5, 6(1) and 7 of Schedule 1 to the 2004 Order do not apply to any application for recognition which is accepted by the Court under paragraph 15(5) of Schedule 1A before the appointed day.
(2) The amendments made to Schedule 1A by paragraph 6(2) of Schedule 1 to the 2004 Order do not apply to any application for a decision which is accepted by the Court under paragraph 68(5) or 76(5) of Schedule 1A before the appointed day.
6.
The provisions inserted into Schedule 1A by paragraph 8 of Schedule 1 to the 2004 Order do not apply where, before the appointed day, the Court has informed the parties in accordance with paragraph 25(9) or 117(11) of Schedule 1A.
7.
The amendments made to Schedule 1A by paragraph 11 of Schedule 1 to the 2004 Order do not apply to any application which is made to the Court under paragraph 11 or 12 of Schedule 1A before the appointed day.
8.
—(1) The amendments made to Schedule 1A by paragraph 12 of Schedule 1 to the 2004 Order do not apply in relation to any notice which the employer gives, for the purposes of paragraph 99(2) of Schedule 1A, to the union (or each of the unions) before the appointed day.
(2) Notwithstanding their repeal by Schedule 3 to the 2004 Order, paragraphs 101(4) and (5), 109(2)(a), 113(2)(a) and 130(2)(a) of Schedule 1A will apply in relation to any notice which the employer gives, for the purposes of paragraph 99(2) of Schedule 1A, before the appointed day.
9.
The provisions inserted into Schedule 1A by paragraphs 14 and 21(8) of Schedule 1 to the 2004 Order do not apply in relation to any demand which the person appointed to conduct the ballot sends, under paragraph 28(4) or 120(4) of Schedule 1A, to the employer and the union (or each of the unions) before the appointed day.
10.
The amendments made to Article 144A of the 1996 Order by Articles 9, 10 and 11 of the 2004 Order, and the provision inserted into the 1996 Order by Article 11 of the 2004 Order, do not apply to protected industrial action taken by an employee where the employee starts to take the action before the appointed day.
11.
The amendments made to the 1996 Order by paragraphs 11, 12 and 13 of Schedule 2 to the 2004 Order do not apply in the case of any dismissal where the effective date of termination (within the meaning of Article 129 of the 1996 Order) is before the appointed day.
12.
The amendments made to the 1996 Order by Articles 20 and 21 of the 2004 Order do not apply in the case of any dismissal where the effective date of termination (within the meaning of Article 129 of the 1996 Order) is before the appointed day or in the case of any detriment where the act or deliberate failure to act is before the appointed day.
13.
The provisions inserted into the 1992 Order by Article 22 of the 2004 Order do not apply to any application or complaint which is made to the Certification Officer before the appointed day.
14.
The amendments made to the 1995 Order by Article 23(1) of the 2004 Order do not apply to any instrument submitted to the Certification Officer for approval before the appointed day.
15.
The provisions inserted into the 1995 Order by Article 23(2) and (3) of the 2004 Order do not apply to any application for registration of an instrument of amalgamation or transfer which is sent to the Certification Officer before the appointed day.
16.
The amendments made to the 1992 Order by Article 24 of the 2004 Order do not apply to any refusal or decision of the Certification Officer made before the appointed day.
17.
The amendments made to the 1995 Order by paragraph 4 of Schedule 2 to the 2004 Order do not apply to any order made under Article 57(3) of the 1995 Order before the appointed day.
18.
Until the appointed day for the coming into operation of paragraphs 10 and 13 of Schedule 1 to the 2004 Order, the references in Schedule 1A to paragraphs 27D(3), 27D(4), 119A(3)(a)(ii), 119D(3), 119D(4), 119E(1)(b), 119H(1), 119H(5) and 119I(1)(a) (which paragraphs 21(10) to (15), (20), (21) and (24) to (27) of Schedule 1 to the 2004 Order insert into Schedule 1A) shall be of no effect.
Sealed with the Official Seal of the Department for Employment and Learning on
21st July 2005.
L.S.
T. Devine
A senior officer of the Department for Employment and Learning
Provisions | Subject matter of provisions |
Article 3 | Amendment of Schedule 1A to the 1995 Order |
Article 4 | Information required by the Agency for ballots and ascertaining union membership |
Article 6 | Entitlement to vote in ballot on industrial action |
Article 7 | Inducement of members not accorded entitlement to vote |
Article 9 | Dismissal where employees taking protected industrial action locked out |
Article 10 | Date of dismissal |
Article 11 | Dismissal after end of protected period |
Article 20 | Protection of employees in respect of jury service |
Article 21 | Flexible working |
Article 22 | Striking out by Certification Officer of applications or complaints |
Article 23 | Amalgamations: approval, listing and certification |
Article 24 | Restriction on grounds of appeal from Certification Officer |
Article 25 | Enforcement officers for agricultural wages legislation |
Article 26 | Additional case in which election for president of union not required |
Article 27 | Body corporate acting as auditor of trade union or employers' association |
Article 29 | Provision of money for trade union modernisation |
In Schedule 1 (Amendments to Schedule 1A to the 1995 Order)–
(ii) paragraphs 11 and 12; (iii) paragraph 14; (iv) paragraphs 16 and 17; and (v) paragraphs 19 to 21 (with the exception of paragraph 21(22) and (23). |
|
In Schedule 2 (Amendments)–
(ii) paragraphs 4 to 7; (iii) paragraphs 11 to 13; (iv) paragraphs 16 and 17; (v) paragraphs 20 and 21; and
Article 30(1) so far as it relates to those paragraphs. |
|
In Schedule 3 (Repeals) the entries relating to–
(ii) the 1992 Order; (iii) Articles 12, 29 and 90 of the 1995 Order and the paragraphs of Schedule 1A to that Order (with the exception of paragraph 119(3)); (iv) Article 236 of the 1996 Order; and
Article 30(2) so far as it relates to those repeals. |
Provisions | Date of Commencement | S.R. Number |
Articles 12-15 and 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) |
Articles 17, 19 and 28 | 13th March 2005 | 2005 No. 73 (C. 6) |
In Schedule 1, paragraphs 15 and 18 | 13th March 2005 | 2005 No. 73 (C. 6) |
[2] S.I. 1996/1919 (N.I. 16)back
[3] S.I. 1995/1980 (N.I. 12)back
[4] S.I. 1992/807 (N.I. 5)back