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The Employment Relations (Northern Ireland) Order 2004

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15.—(1) Paragraph 166 of Schedule 1A to the 1995 Order (power of Department to amend that Schedule) is amended as follows.

(2) For sub-paragraphs (1) and (2) substitute—

“(1) This paragraph applies if the Court represents to the Department that a provision of this Schedule has an unsatisfactory effect and should be amended.

(2) The Department, with a view to rectifying the effect—

(a)may amend the provision by exercising (if applicable) any of the powers conferred on it by paragraphs 7(6), 29(5), 121(6), 166A, 166B, 169A, 169B and 171A, or

(b)may amend the provision by order in such other way as it thinks fit.

(2A) The Department need not proceed in a way proposed by the Court (if it proposes one).

(2B) Nothing in this paragraph prevents the Department from exercising any of the powers mentioned in sub-paragraph (2)(a) in the absence of a representation from the Court.”.

(3) In sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (2)(b)”.

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