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Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2002

S.R. 2002/347 · Made 8 November 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

INDUSTRIAL RELATIONS

Made 8th November 2002

Coming into operation 1st December 2002

Whereas a draft of the Code of Practice being brought into operation by the following Order has been laid before the Assembly and approved by Resolution of the Assembly, the Department for Employment and Learningf1, in exercise of the powers conferred by Article 90(7), (17) and 107(3) of the Industrial Relations (Northern Ireland) Order 1992f2, and now vested in itf3, and of every other power enabling it in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

Formerly known as the Department of Higher and Further Education, Training and Employment; renamed the Department for Employment and Learning by the Department for Employment and Learning Act (Northern Ireland) 2001 c. 15

f2

S.I. 1992/807 (N.I. 5)

f3

Article 4(b) and Part II of Schedule 2 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999/481) transferred functions under the Industrial Relations (Northern Ireland) Order 1992 to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learning

Contents

  1. 1Citation
  2. 2Code of Practice
  3. 3Transitional provision
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2002.

2Code of Practice

Subject to Article 3, the Department for Employment and Learning hereby appoints 1st December 2002 as the day on which the Code of Practice on Disciplinary and Grievance Procedures issued by the Agency on 19th September 2000 under Article 90(1) and (7) of the Industrial Relations (Northern Ireland) Order 1992, shall have effect.

3Transitional provision

The Code which came into effect on 1st January 1991 by virtue of the Code of Practice (Disciplinary Practice and Procedures) Order (Northern Ireland) 1990f1 shall only have effect in relation to any proceedings which were before an industrial tribunal or the Industrial Court before 1st December 2002.

Signature

Sealed with the Official Seal of the Department for Employment and Learning on 8th November 2002.

L.S.

George O'Doherty

A senior officer of the

Department for Employment and Learning

Explanatory note

(This note is not part of the Order.)

This Order appoints 1st December 2002 as the day upon which the Code of Practice on Disciplinary and Grievance Procedures (“the Code”) issued by the Labour Relations Agency under Article 90 of the Industrial Relations (Northern Ireland) Order 1992 and approved by Resolution of the Assembly on 14th October 2002, shall come into effect.

Under paragraph (16) of Article 90 of that Order the Code can be admitted in evidence in any proceedings before an industrial tribunal or the Industrial Court and if any provision of it appears to the tribunal or Court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

The Code replaces an earlier Code entitled “Discipline in Employment” issued by the Agency on 1st November 1990 and having effect by virtue of the Code of Practice (Disciplinary Practice and Procedures) Order (Northern Ireland) 1990. That Code of Practice continues to have effect in relation to proceedings before an industrial tribunal or the Industrial Court immediately before 1st December 2002.