Statutory Rules of Northern Ireland
FAIR EMPLOYMENT
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:
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.
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.
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
Article 5
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
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.”
(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.
See S.R. 1999 No. 481; Article 4(a) and Part I Schedule 2
S.R. 1999 No. 481 Schedule 2, Part I
S.R. 2000 No. 371 as amended by S.R. 2001 No. 421 and S.R. 2002 No. 367