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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 79

79.(1) Subject to paragraphs (2) to (5), the provisions of this Order (except
Articles 8 and 42 to 47 and Part IV) shall have effect in relation to Crown
employment and to persons in Crown employment as they have effect in relation
to other employment and to other employees.

(2) In this Article (subject to paragraphs (4) and (5)) "Crown employment"
means employment under or for the purposes of a Northern Ireland department or
a department of the Government of the United Kingdom, otherwise than as a
member of the naval, military or air forces of the Crown or of any women's
service administered by the Defence Council, and "Crown employee" means a
person who is for the time being in Crown employment or (where it has ceased)
was in Crown employment.

(3) For the purposes of the application of the provisions of this Order in
relation to Crown employment in accordance with paragraph (1)

(a)any reference to an employee shall be construed as a reference to a Crown
employee;

(b)any reference to a contract of employment shall be construed as a reference
to the terms of employment of a person in Crown employment;

(c)any reference to dismissal shall be construed as a reference to the
termination of Crown employment;

(d)any reference to redundancy shall be construed as a reference to the
existence of such circumstances as, in accordance with any arrangements for
the time being in force as mentioned in section 48(3) of the Act of 1965, are
treated as equivalent to redundancy in relation to Crown employment;

(e)the reference in Article 59(7)(c) to any person's undertaking or an
undertaking in which he works shall be construed as a reference to the
national interest; and

(f)any other reference to an undertaking shall be construed, in relation to a
Minister of the Crown or Head of Department, as a reference to his functions
or (as the context may require) to the department of which he is in charge,
and, in relation to a government department, shall be construed as a reference
to the functions of the department or (as the context may require) to the
department.

(4) For the purposes of this Order associations established for the purposes
of [Part VI of the Reserve Forces Act 1980] shall be treated as if they were
government departments and accordingly employment by any such association
shall be Crown employment within the meaning of this Article.

(5) For the purposes of this Article, Crown employment does not include any
employment in respect of which there is in force a certificate issued by or on
behalf of the Secretary of State certifying that employment of a description
specified in the certificate, or the employment of a particular person so
specified, is (or, at a time specified in the certificate, was) required to be
excepted from this Article for the purpose of safeguarding national security
or protecting public safety or public order; and any document purporting to be
a certificate so issued shall be received in evidence and shall, unless the
contrary is proved, be deemed to be such a certificate.

(6) For the purposes of the application of the provisions of this Order in
relation to employment by any body established under the Health and Personal
Social Services (Northern Ireland) Order 1972 which exercises functions on
behalf of the Crown

(a)Articles 42 to 47 (rights of employee on insolvency of employer) shall have
effect as if Article 46(3) and (4) were omitted; and

(b)Part IV (procedures for handling redundancies) shall have effect as if
Article 55 were omitted.

© 1976 Crown Copyright

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