Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Northern Ireland) 1999

Article 2

SCHEDULE 1Employers for the purposes of Article 2

Local Government

1.  A district council.

2.  Any association which is representative of any two or more district councils.

3.  The Northern Ireland Local Government Officers' Superannuation Committee.

4.  The Local Government Staff Commission for Northern Ireland.

Planning and development

5.  The Northern Ireland Housing Executive.

6.  A New Town Commission established under the New Towns Act (Northern Ireland) 1965(1).

7.  Laganside Corporation established under the Laganside Development (Northern Ireland) Order 1989(2).

Public transport

8.  Citybus Limited.

9.  Ulsterbus Limited.

10.  Flexibus Limited.

11.  The Northern Ireland Railways Company Limited.

12.  The Northern Ireland Transport Holding Company.

Police, fire and criminal justice

13.  The Fire Authority for Northern Ireland.

14.  The Probation Board for Northern Ireland.

15.  The Police Authority for Northern Ireland.

16.  The Independent Commission for Police Complaints for Northern Ireland.

17.  The management of a juvenile justice centre provided under Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998(3).

18.  The Juvenile Justice Board.

Education

19.  An education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986(4).

20.  The managers of—

(a)a voluntary school;

(b)a grant-maintained integrated school; or

(c)a college of education,

within the meaning of the Education and Libraries (Northern Ireland) Order 1986.

21.  The Staff Commission for Education and Library Boards.

22.  The Council for Catholic Maintained Schools.

23.  The Northern Ireland Council for the Curriculum, Examinations and Assessment.

24.  The Northern Ireland Council for Integrated Education.

25.  The governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997(5).

Agriculture, fisheries and food

26.  The Northern Ireland Fishery Harbour Authority.

27.  The Agricultural Research Institute of Northern Ireland.

28.  The Fisheries Conservancy Board for Northern Ireland.

29.  The Livestock and Meat Commission for Northern Ireland.

Museums, etc.

30.  The Northern Ireland Museums Council.

31.  The Board of Trustees of the National Museums and Galleries of Northern Ireland.

32.  The Governers of the Armagh Observatory and Planetarium.

Miscellaneous bodies

33.  The Arts Council of Northern Ireland.

34.  The Youth Council for Northern Ireland.

35.  The Sports Council for Northern Ireland.

36.  The General Consumer Council for Northern Ireland.

37.  The Northern Ireland Tourist Board.

38.  The Labour Relations Agency.

39.  The Equality Commission for Northern Ireland.

Article 3

SCHEDULE 2

Part IModifications to certain redundancy payments provisions of the 1996 Order

1.  Article 181 of the 1996 Order shall have effect as if immediately after paragraph (1) there were inserted—

“(1A) The reference in paragraph (1) to re-engagement by the employer includes a reference to re-engagement by an employer referred to in Part II of Schedule 2 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Northern Ireland) 1999 and the reference in paragraph (1) to an offer made by the employer includes a reference to an offer made by any such employer.”.

2.  Article 190 of the 1996 Order shall have effect as if—

(a)for the words “continuously employed” there were substituted the words “employed in relevant service”;

(b)the provision of that Article modified as provided in sub-paragraph (a) were paragraph (1) of that Article; and

(c)after that paragraph there shall be inserted the following paragraphs—

“(2) In paragraph (1) “relevant service” means—

(a)continuous employment by an employer referred to in Part II of Schedule 2 to the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order (Northern Ireland) 1999 (“the 1999 Order”); or

(b)where immediately before the relevant event a person has been successively employed by two or more employers referred to in Part II of that Schedule, such aggregate period of service with such employers as would be continuous employment if they were a single employer.

(3) In paragraph (2)(b) “relevant event” has the same meaning as in the 1999 Order.”.

3.  Article 197 of the 1996 Order shall have effect as if—

(a)for the words “continuously employed” in paragraph (1)(a) there were substituted the words “employed in relevant service”; and

(b)after paragraph (1) there were inserted the following paragraphs—

“(1A) In paragraph (1)(a) “relevant service” means—

(a)continuous employment by an employer referred to in Part II of Schedule 2 to the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order (Northern Ireland) 1999 (“the 1999 Order”); or

(b)where immediately before the relevant event a person has been successively employed by two or more employers referred to in Part II of that Schedule, such aggregate period of service with such employers as would be continuous employment if they were a single employer.

(1B) In paragraph (1A)(b) “relevant event” has the same meaning as in the 1999 Order.”.

Part IIEmployers with whom employment may constitute relevant service

1.  Any employer described in Schedule 1 whether or not in existence at the time of the relevant event.

Local Government

2.  The council of any county, county borough or other borough, or rural district, or the commissioners of any town not being an urban district or the Belfast City and District Water Commissioners, a local authority in their capacity as a public authority for the purposes of any statutory provision, a committee of a local authority, or a joint board or joint committee of more than one authority.

Planning and development

3.  The Northern Ireland Housing Trust.

Education

4.  A former local education authority as was defined by the Education and Libraries (Northern Ireland) Order 1972(6).

5.  The Northern Ireland Schools Examination and Assessment Council.

6.  The Northern Ireland Schools Examination Council.

7.  The Northern Ireland Curriculum Council.

8.  The Trustees of the Northern Ireland Council for Educational Research.

Public transport

9.  The Ulster Transport Authority.

Police, fire and criminal justice

10.  The Police Complaints Board for Northern Ireland.

11.  The Management of a Training School which was either approved under section 137 of, or set up under section 138 of, the Children and Young Persons Act (Northern Ireland) 1968(7).

12.  The Rathgael and Whiteabbey Schools Management Board.

13.  The Lisnevin Board of Management.

Agriculture, fisheries and food

14.  The Milk Marketing Board for Northern Ireland.

15.  The Seed Potato Marketing Board for Northern Ireland.

Museums, etc

16.  The Trustees of the Ulster Museum.

17.  The Trustees of the Ulster Folk and Transport Museum.

18.  The Trustees of the Ulster American Folk Park.

Miscellaneous bodies

19.  The Central Council for Physical Recreation, Northern Ireland Region.

20.  The Arts Council of Northern Ireland 1994.

21.  The Equal Opportunities Commission for Northern Ireland.

22.  The Fair Employment Commission for Northern Ireland.

23.  The Commission for Racial Equality for Northern Ireland.

Article 4

SCHEDULE 3Revocations