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The Employment Equality (Age) (Consequential Amendments) Regulations (Northern Ireland) 2007

S.R. 2007/225 · Made 29 March 2007

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.

AGE DISCRIMINATION

Made 29th March 2007

Coming into operation 6th April 2007

The Office of the First Minister and deputy First Minister, being a Department designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to discrimination, makes the following Regulations in exercise of the powers conferred by that section.

Annotations to the whole text

Footnotes

f1

See Schedule 2 to the European Communities (Designation) (No.3) Order 2002 (S.I. 2002/1819)

f2

1972 c.68

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
  3. 3Amendment of the Employment Rights (Northern Ireland) Order 1996
  4. 4Amendment of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982
  5. 5Amendment of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987
  6. 6Amendment of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Employment Equality (Age) (Consequential Amendments) Regulations (Northern Ireland) 2007 and shall come into operation on 6th April 2007.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

(1)

The Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 is amended as follows.

(2)

Before paragraph 6 of Schedule 11 (circumstances in which periods of entitlement to statutory sick pay do not arise) insert—

“5A.
(1)

Paragraph 2(d)(i) above does not apply if, at the relevant date, the employee is over pensionable age and is not entitled to incapacity benefit.

(2)

Paragraph 2(d)(i) above ceases to apply if, at any time after the relevant date, the employee is over pensionable age and is not entitled to incapacity benefit.

(3)

In this paragraph “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995.”.

3Amendment of the Employment Rights (Northern Ireland) Order 1996

(1)

The Employment Rights (Northern Ireland) Order 1996f1 is amended as follows.

(2)

In Article 137 (redundancy)—

(a)

re-number the second paragraph (7G) as paragraph (7H);

(b)

after paragraph (7H), insert—

“(7I)

This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that he—

(a)

exercised or sought to exercise his right to be accompanied in accordance with paragraph 9 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006, or

(b)

accompanied or sought to accompany an employee pursuant to a request under that paragraph.”.

4Amendment of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982

(1)

The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982f1 are amended as follows.

(2)

In regulation 3 (period of entitlement ending or not arising) after paragraph (2A)f2 insert—

“(2B)

Paragraph (2A) shall not apply, in the case of an employee who was entitled to incapacity benefit, where paragraph 2(d)(i) of Schedule 11 to the Contributions and Benefits Act ceases to have effect by virtue of paragraph 5A of that Schedule.”.

(3)

In regulation 16 (meaning of “employee”), for paragraph (1ZA)f3 substitute—

“(1ZA)

Paragraph (1) shall have effect in relation to a person who—

(a)

is under the age of 16; and

(b)

would or, as the case may be, would not have been treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978 had he been over that age,

as it has effect in relation to a person who is or, as the case may be, is not so treated.”.

5Amendment of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987

(1)

The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987f1 are amended as follows.

(2)

In regulation 17 (meaning of “employee”), for paragraph (1A)f2, substitute—

“(1A)

Paragraph (1) shall have effect in relation to a woman who—

(a)

is under the age of 16; and

(b)

would or, as the case may be, would not have been treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978 had she been over that age,

as it has effect in relation to a woman who is or, as the case may be, is not so treated.”.

6Amendment of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002

(1)

The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002f1 are amended as follows.

(2)

In regulation 32 (treatment of persons as employees), for paragraph (1A)f2 substitute—

“(1A)

Paragraph (1) shall have effect in relation to a person who—

(a)

is under the age of 16; and

(b)

would or, as the case may be, would not have been treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978 had he been over that age,

as it has effect in relation to a person who is or, as the case may be, is not so treated.”.

Signature

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 29th March 2007.

L.S.

Gerard Mulligan

A senior officer of the

Office of the First Minister and deputy First Minister

Explanatory note

(This note is not part of the Regulations)

These Regulations make further consequential amendments to primary and secondary legislation for the purposes of implementing Council Directive 2000/78/EC of 27th November 2000 which establishes a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p.16) so far as it relates to discrimination on the grounds of age.

Regulation 1 provides for citation, commencement and interpretation.

Regulation 2 amends the provisions of Schedule 11 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and provides that entitlement to statutory sick pay will in certain cases not be prevented from arising for employees who are over pensionable age and not entitled to incapacity benefit.

Regulation 3 amends Article 137 of the Employment Rights (Northern Ireland) Order 1996, so that dismissal for exercising, or seeking to exercise, the right to be accompanied, or to accompany another, at a meeting under paragraph 9 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006, will be unfair. It also makes a minor amendment to correct a drafting error in relation to the numbering of the paragraphs in Article 137.

Regulation 4(2) amends regulation 3 of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 in consequence of the amendment of Schedule 11 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 made by regulation 2 of these Regulations.

Regulations 4(3), 5 and 6 amend regulation 16 of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982, regulation 17 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 and regulation 32 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002 respectively to clarify the circumstances in which those under the age of 16 may or may not, be treated as if they had been employed earners.

A Regulatory Impact Assessment has not been produced for these Regulations as the amendments will not place any additional administrative burdens on business.