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Working Time (Amendment) Regulations (Northern Ireland) 2003

S.R. 2003/119 · Made 28 February 2003 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 28 February 2016.

EMPLOYMENT

Made 28th February 2003

Coming into operation 6th April 2003

The Department for Employment and Learning, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to measures relating to the organisation of working timef2 and measures relating to the employment of children and young personsf3, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked with savings (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), reg. 54(1)(f) (with regs. 22(1), 54(2)(3))

Footnotes

f1

1972 c. 68

f2

S.I. 1997/1174

f3

S.I. 1996/266

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the principal Regulations
  4. 4Amendment of the principal Regulations
  5. 5Amendment of the principal Regulations
  6. 6Amendment of the principal Regulations
  7. 7Amendment of the principal Regulations
  8. 8Amendment of the principal Regulations
  9. 9Amendment of the principal Regulations
  10. 10Amendment of the principal Regulations
  11. 11Amendment of the principal Regulations
  12. 12Amendment of the principal Regulations
  13. 13Amendment of the principal Regulations
  14. 14Amendment of the principal Regulations
  15. 15Amendment of the principal Regulations
  16. 16Amendment of the principal Regulations
  17. 17Amendment of the principal Regulations
  18. 18Amendment of the principal Regulations
  19. 19Amendment of the principal Regulations
  20. 20Amendment of the principal Regulations
  21. 21Amendment of the principal Regulations
  22. Signature
  23. Explanatory note

1Citation and commencementF1

These Regulations may be cited as the Working Time (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 6th April 2003.

2InterpretationF1

(1)

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

(2)

In these Regulations, “the principal Regulations” means the Working Time Regulations (Northern Ireland) 1998f2.

3Amendment of the principal RegulationsF1

The principal Regulations shall be amended in accordance with regulations 4 to 21.

4Amendment of the principal RegulationsF1

In regulation 2(2) (interpretation), the following definition shall be inserted after the definition of “rest period” –

  • ““the restricted period”, in relation to a worker, means the period between 10 p.m. and 6 a.m. or, where the worker’s contract provides for him to work after 10 p.m., the period between 11 p.m. and 7 a.m.;”.

5Amendment of the principal RegulationsF1

In regulation 3 (general) –

(a)

before “The”, there shall be inserted “(1)”, and

(b)

the following paragraph shall be inserted after paragraph (1) (as created by paragraph (a)) –

“(2)

Where, in this Part, separate provision is made as respects the same matter in relation to workers generally and to young workers, the provision relating to workers generally applies only to adult workers and those young workers to whom, by virtue of any exception in Part III, the provision relating to young workers does not apply.”.

6Amendment of the principal RegulationsF1

In paragraph (c) of regulation 4(7) (“excluded days” for the purpose of calculating average weekly working time), after “maternity” there shall be inserted “paternity, adoption or parental”.

7Amendment of the principal RegulationsF1

The following regulation shall be inserted after regulation 5 –

“Maximum working time for young workers

5A.
(1)

A young worker’s working time shall not exceed –

(a)

eight hours a day, or

(b)

40 hours a week.

(2)

If, on any day, or, as the case may be, during any week, a young worker is employed by more than one employer, his working time shall be determined for the purpose of paragraph (1) by aggregating the number of hours worked by him for each employer.

(3)

For the purposes of paragraphs (1) and (2), a week starts at midnight between Sunday and Monday.

(4)

An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limits specified in paragraph (1) are complied with in the case of each worker employed by him in relation to whom they apply.”.

8Amendment of the principal RegulationsF1

Regulation 6(6) (normal working hours for employees entitled to overtime pay) shall be omitted.

9Amendment of the principal RegulationsF1

The following regulation shall be inserted after regulation 6 –

“Night work by young workers

6A.

An employer shall ensure that no young worker employed by him works during the restricted period.”.

10Amendment of the principal RegulationsF1

In regulation 7(2) (entitlement of young worker to health assessment before assignment to night work), for “the period between 10 p.m. and 6 a.m. (“the restricted period”)” there shall be substituted “the restricted period”.

11Amendment of the principal RegulationsF1

In regulation 9 (records showing whether regulations are complied with) –

(a)

after “4(1)” in paragraph (a) there shall be inserted “, 5A(1)”, and

(b)

before “7(1)” in that paragraph there shall be inserted “6A and”.

12Amendment of the principal RegulationsF1

In regulation 10(1) (entitlement to daily rest period), for “An adult worker” there shall be substituted “A worker”.

13Amendment of the principal RegulationsF1

In regulation 11(1), (2) and (7) (entitlement to weekly rest period), for “an adult worker” there shall be substituted “a worker”.

14Amendment of the principal RegulationsF1

In regulation 12 (entitlement to rest breaks) –

(a)

for “an adult worker's” in paragraph (1) there shall be substituted “a worker's”, and

(b)

for “an adult worker” in paragraph (2) there shall be substituted “a worker”.

15Amendment of the principal RegulationsF1

In regulation 19 (regulations not applying to domestic service) –

(a)

after “4(1) and (2)” there shall be inserted “, 5A(1) and (4),” and

(b)

after “6(1), (2) and (7),” there shall be inserted “6A,”.

16Amendment of the principal RegulationsF1

In regulation 25 (young workers in the armed forces) –

(a)

after “Regulations” in paragraph (2) there shall be inserted “5A, 6A,” and

(b)

in paragraph (3) for “a period which would otherwise be a rest period,” there shall be substituted “the restricted period, or is not permitted the minimum rest period provided for in regulation 10(2) or 11(3),”.

17Amendment of the principal RegulationsF1

In regulation 26 (young workers employed on ships), after “Regulations” there shall be inserted “5A, 6A,”.

18Amendment of the principal RegulationsF1

In regulation 27 (young workers: force majeure) both –

(a)

after “Regulations” in paragraph (1) and

(b)

after “regulation” in paragraph (2),

there shall be inserted “5A, 6A,”.

19Amendment of the principal RegulationsF1

The following regulation shall be inserted after regulation 27 –

“Other exceptions relating to young workers

27A.
(1)

Regulation 5A does not apply in relation to a young worker where –

(a)

the young worker’s employer requires him to undertake work which is necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product;

(b)

no adult worker is available to perform the work, and

(c)

performing the work would not adversely affect the young worker’s education or training.

(2)

Regulation 6A does not apply in relation to a young worker employed –

(a)

in a hospital or similar establishment, or

(b)

in connection with cultural, artistic, sporting or advertising activities,

in the circumstances referred to in paragraph (1).

(3)

Regulation 6A does not apply, except in so far as it prohibits work between midnight and 4 a.m., in relation to a young worker employed in –

(a)

agriculture;

(b)

retail trading;

(c)

postal or newspaper deliveries;

(d)

a catering business;

(e)

a hotel, public house, restaurant, bar or similar establishment, or

(f)

a bakery

in the circumstances referred to in paragraph (1).

(4)

Where the application of regulation 6A is excluded by paragraph (2) or (3), and a young worker is accordingly required to work during a period which would otherwise be a rest period or rest break –

(a)

he shall be supervised by an adult worker where such supervision is necessary for the young worker’s protection, and

(b)

he shall be allowed an equivalent period of compensatory rest.”.

20Amendment of the principal RegulationsF1

In regulation 28(1) (enforcement), in paragraph (a) of the definition of “the relevant requirements” –

(a)

after “4(2),” there shall be inserted “5A(4),”;

(b)

after “6(2) and (7),” there shall be inserted “6A,” and

(c)

for “and 9” there shall be substituted “, 9 and 27A(4)(a)”.

21Amendment of the principal RegulationsF1

In sub-paragraph (a)(iii) of paragraph (1) of regulation 30 (remedies) for “or 27(2)” there shall be substituted “, 27(2) or 27A(4)(b)”.

Signature

F1Sealed with the Official Seal of the Department for Employment and Learning on 28th February 2003.

L.S.

R. B. Gamble

A senior officer of the

Department for Employment and Learning

Explanatory note

F1(This note is not part of the Regulations.)

These Regulations amend provisions of the Working Time Regulations (Northern Ireland) 1998, primarily in order to implement certain provisions of Council Directive 94/33/EC on the protection of young people at work (O.J. No. L216, 20.8.94 p. 12). The provisions in question restrict the working time of adolescents – those aged between 15 and 18 who are over compulsory school age, referred to as “young workers” – and the circumstances in which they may work during night-time.

Regulation 7 inserts a new regulation 5A into the 1998 Regulations, limiting the working time of young workers to 8 hours a day and 40 hours a week and requiring employers to ensure that these limits are complied with. Regulation 9 inserts a new regulation 6A, which requires employers to ensure that no young worker works during a restricted period. This is defined in an amendment provided for in regulation 4 as the period between 10 p.m. and 6 a.m., or, in a case where the worker is contracted to work after 10 p.m., the period between 11 p.m. and 7 a.m. Regulations 5 and 10 make consequential changes.

The new working time and night working restrictions are subject to various exceptions, relating to particular occupations and particular circumstances, provided for in amendments to the 1998 Regulations set out in regulations 11–19; there is an entitlement to compensatory rest where the night work restrictions are excluded. Regulation 20 makes the obligations on employers “relevant requirements” for the purposes of the 1998 Regulations; the effect of this is that the obligations are enforceable by the Health and Safety Executive and that failure to comply is an offence. Regulation 21 makes an employer’s refusal to permit a young worker to exercise the entitlement to compensatory rest a matter that may be the subject of a complaint to an industrial tribunal.

The Regulations also include two amendments to the 1998 Regulations that are unrelated to Council Directive 94/33/EC. Regulation 6 amends the definition of “excluded days”, a term used in the formula for calculating a worker’s average weekly working time, so as to include periods of paternity, adoption or parental leave. Regulation 8 revokes a provision excluding overtime from the calculation of a night worker’s normal hours of work in certain cases.