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2004 No. 494
FAIR EMPLOYMENT
Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004
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Made |
30th November 2004 | |
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Coming into operation |
1st January 2005 | |
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:
Citation, commencement and interpretation
1.
- (1) This Order may be cited as the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004 and shall come into operation on 1st January 2005.
(2) In this Order -
"the 1998 Order" means the Fair Employment and Treatment (Northern Ireland) Order 1998;
"member of the home service forces" means any member of the armed forces whose service (or service otherwise than for the purposes of training) is restricted to Northern Ireland;
"Northern Ireland civil servant" means any person appointed to a situation in the Northern Ireland Civil Service;
"police" has the same meaning as in the Police (Northern Ireland) Act 2000[4];
"reserve force" means a reserve force within the meaning of section 1(2) of the Reserve Forces Act 1996[5];
"reservist" means a member of any reserve force who serves wholly or mainly in Northern Ireland; and
"United Kingdom civil servant" means any person serving wholly or mainly in Northern Ireland in the civil service of the Crown other than a Northern Ireland civil servant.
Specification of public authorities
2.
For the purposes of Articles 52 to 61 of the 1998 Order: -
(a) the Minister for the Department of Finance and Personnel shall be a public authority and all Northern Ireland civil servants shall be treated as employees of that authority;
(b) the Minister for the Civil Service shall be a public authority and all United Kingdom civil servants shall be treated as employees of that authority;
(c) the Secretary of State for Defence shall be a public authority and all reservists and members of the home service forces shall be treated as employees of that authority; and
(d) the Chief Constable of the Police Service of Northern Ireland shall be a public authority and all members of the police shall be treated as employees of that authority.
3.
Each of the persons specified in Part I of the Schedule shall be a public authority for the purposes of Articles 52 to 65 of the 1998 Order.
4.
Each of the persons specified in Part II of the Schedule shall be a public authority for the purposes of Articles 62 to 65 of the 1998 Order.
Revocation
5.
The following Orders are hereby revoked -
(a) the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000[6];
(b) the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003[7].
Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on
30th November 2004.
L.S.
Gerard Mulligan
A senior officer of the Office of the First Minister and deputy First Minister
SCHEDULEArticles 3 and 4
PART I
PUBLIC AUTHORITIES FOR THE PURPOSES OF ARTICLES 52 TO 65 OF THE 1998 ORDER
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
Chief Inspector of Criminal Justice in 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
Governors of the Armagh Observatory and Planetarium
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 Film and Television Commission
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 Medical and Dental Training Agency
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
PART II
PUBLIC AUTHORITIES FOR THE PURPOSES OF ARTICLES 62 TO 65 OF THE 1998 ORDER
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 of Savings (Department for National Savings)
Health and Safety Executive for Northern Ireland
Northern Ireland Authority for Energy Regulation
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 2005
Any Health and Social Services trust established on or after 1st January 2005 under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991.
EXPLANATORY NOTE
(This note is not part of the Order.)
This Order 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.
For the purpose of Articles 52 to 61 of the 1998 Order, Article 2 -
(a) specifies the Minister for the Department of Finance and Personnel as a public authority and provides that all Northern Ireland civil servants (as defined) shall be treated as employees of that authority;
(b) specifies the Minister for the Civil Service as a public authority and provides that all United Kingdom civil servants (as defined) shall be treated as employees of that authority;
(c) specifies the Secretary of State for Defence as a public authority and provides that all reservists and members of the home service forces (as defined) shall be treated as employees of that authority; and
(d) specifies the Chief Constable of the Police Service of Northern Ireland as a public authority and provides that all members of the police (as defined) shall be treated as employees of that authority.
Article 3 specifies each of the persons listed in Part I of the Schedule as a public authority for the purposes of Articles 52 to 65 of the 1998 Order.
Article 4 specifies each of the persons listed in Part II of the Schedule as a public authority for the purposes of Articles 62 to 65 of the 1998 Order.
Where a person who is specified as a public authority for the purposes of Articles 52 to 61 of the 1998 Order is the employer, or by virtue of Article 2 becomes the employer, of certain persons then Part VII of the 1998 Order imposes certain duties on him, particularly with respect to those persons. He is required to prepare and serve for each year on the Equality Commission for Northern Ireland ("the Commission") a return (referred to as a "monitoring return") to enable the composition of his workforce to be ascertained; that is to say the number who belong to the Protestant community and the number who belong to the Roman Catholic community in Northern Ireland. In addition the monitoring return he is required to serve must show the composition of applicants for employment in his workforce and the composition of those ceasing to be employed by him. Other provisions of Articles 52 to 61 of the 1998 Order such as those requiring periodic review of recruitment, training and promotion practices; those relating to enquiries by the Commission and undertakings by and directions to employers; and those providing for the setting of goals and timetables also apply to public authorities specified for the purposes of those Articles.
Where a public authority is specified for the purposes of Articles 62 to 65 of the 1998 Order it is prohibited from entering into any contract with a person who is not qualified for the purposes of Articles 64 to 66 of that Order and who, in response to an invitation by the authority offers to execute any work or supply any goods or services to it. Any contravention of or failure to comply with this duty is actionable by any person who, in consequence, suffers loss or damage.
Article 5 revokes the Fair Employment (Specification of Public Authorities) (No. 2) Order (Northern Ireland) 2000 and the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003.
Notes:
[1]
S.I. 1998/3162 (N.I. 21)back
[2]
S.R. 1999 No. 481; Article 4(a) and Schedule 2, Part Iback
[3]
S.R. 1999 No. 481; Article 4(a) and Schedule 2, Part Iback
[4]
2000 c. 32back
[5]
1996 c. 14back
[6]
S.R. 2000 No. 371back
[7]
S.R. 2003 No. 521back
ISBN
0 33795756 8
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© Crown copyright 2004 |
Prepared
6 December 2004
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