Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004

Made: 30th November 2004

Coming into operation: 1st January 2005

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[^f00003] 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[^f00004];

• “reserve force” means a reserve force within the meaning of section 1(2) of the Reserve Forces Act 1996[^f00005];

• “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[^f00006];

• (b) the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2003[^f00007].

SCHEDULE

PART 1 — PUBLIC AUTHORITIES FOR THE PURPOSES OF ARTICLES 52 TO 65 OF THE 1998 ORDER

Agri-Food and Biosciences Institute

PART II — PUBLIC AUTHORITIES FOR THE PURPOSES OF ARTICLES 62 TO 65 OF THE 1998 ORDER

The Secretary of State

Signed

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 30th November 2004.

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 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.

Footnotes

[^f00001]: S.I. 1998/3162 (N.I. 21)

[^f00002]: S.R. 1999 No. 481; Article 4(a) and Schedule 2, Part I

[^f00003]: S.R. 1999 No. 481; Article 4(a) and Schedule 2, Part I

[^f00004]: 2000 c. 32

[^f00005]: 1996 c. 14

[^f00006]: S.R. 2000 No. 371

[^f00007]: S.R. 2003 No. 521

Revocation

Editorial notes

[^key-0d0b99052c7d83df6a8f4b8d29453fb6]: Art. 5 in operation at 1.1.2005, see art. 1(1)

[^key-a78e752b152792d316fc0542777b2286]: Art. 1 in operation at 1.1.2005, see art. 1(1)

[^key-4b9055901bd611c6319892b2853a22ab]: Art. 2 in operation at 1.1.2005, see art. 1(1)

[^key-56860ee6e4a5bad686c0e32d5c6144ad]: Art. 3 in operation at 1.1.2005, see art. 1(1)

[^key-b36436220ef647aaedd0722b8cfcac20]: Art. 4 in operation at 1.1.2005, see art. 1(1)

Arts Council of Northern Ireland

Belfast Harbour Commissioners

Belfast Health and Social Care Trust

The Big Lottery Fund

Board of Trustees of the National Museums and Galleries of Northern Ireland

British Broadcasting Corporation

Charity Commission for Northern Ireland

Chief Electoral Officer for Northern Ireland

Chief Inspector of Criminal Justice in Northern Ireland

Children’s Court Guardian Agency for Northern Ireland

Citybus Limited

Coleraine Harbour Commissioners

Commission for Victims and Survivors for Northern Ireland

Commissioner for Children and Young People for Northern Ireland

Commissioner for Older People for Northern Ireland

Commissioner for Survivors of Institutional Childhood Abuse

Comptroller and Auditor General for Northern Ireland

Construction Industry Training Board

Council for Catholic Maintained Schools

Any District Council

The Education Authority

Equality Commission for Northern Ireland

Foyle, Carlingford and Irish Lights Commission

General Consumer Council for Northern Ireland

General Teaching Council for Northern Ireland

The Governing Body of Belfast Metropolitan College

The Governing Body of North West Regional College

The Governing Body of Northern Regional College

The Governing Body of South Eastern Regional College

The Governing Body of South West College

The Governing Body of Southern Regional College

The Governing Body of Stranmillis University College, Belfast

Governors of the Armagh Observatory and Planetarium

Health and Social Care Regulation and Quality Improvement Authority

Historical Institutional Abuse Redress Board

The Independent Commission for Reconciliation and Information Recovery

Information Commissioner’s Office

Invest Northern Ireland

Labour Relations Agency

Livestock and Meat Commission for Northern Ireland

Local Government Staff Commission for Northern Ireland

Londonderry Port and Harbour Commissioners

Middletown Centre for Autism Limited

The National Heritage Memorial Fund

The North/South Language Body

Northern Health and Social Care Trust

Northern Ireland Ambulance Service Health and Social Care Trust

Northern Ireland Assembly Commission

Northern Ireland Authority for Utility Regulation

Northern Ireland Blood Transfusion Service (Special Agency)

Northern Ireland Community Relations Council

Northern Ireland Council for the Curriculum, Examinations and Assessment

Northern Ireland Fire and Rescue Service Board

Northern Ireland Fishery Harbour Authority

Northern Ireland Housing Executive

Northern Ireland Human Rights Commission

Northern Ireland Judicial Appointments Commission

Northern Ireland Library Authority

Northern Ireland Local Government Officers’ Superannuation Committee

Northern Ireland Medical and Dental Training Agency

Northern Ireland Museums Council

Northern Ireland Policing Board

Northern Ireland Practice and Education Council for Nursing and Midwifery

Northern Ireland Public Services Ombudsman

Northern Ireland Railways Company Limited

Northern Ireland Screen Commission

Northern Ireland Social Care Council

Northern Ireland Tourist Board

Northern Ireland Transport Holding Company

Northern Ireland Water Alpha Limited

Northern Ireland Water Limited

Office of Communications

Patient and Client Council

The Police Ombudsman for Northern Ireland

Police Rehabilitation and Retraining Trust

Probation Board for Northern Ireland

Regional Agency for Public Health and Social Well-being

Regional Business Services Organisation

Royal Mail Group Limited

South Eastern Health and Social Care Trust

Southern Health and Social Care Trust

The Special EU Programmes Body

Sports Council for Northern Ireland

State Pathologist’s Department

Strategic Investment Board Limited

Tourism Ireland Limited

The Trade and Business Development Body

Ulster Supported Employment Limited

Ulsterbus Limited

Victims and Survivors Service Limited

Warrenpoint Harbour Authority

Waterways Ireland

Western Health and Social Care Trust

Youth Council for Northern Ireland

Any Northern Ireland Department

Any Northern Ireland Minister

Commissioners for His Majesty’s Revenue and Customs

The Chief Constable of the Police Service of Northern Ireland

The Controller of His Majesty’s Stationery Office

The Director of Public Prosecutions for Northern Ireland

Director of Savings

Food Standards Agency

Health and Safety Executive for Northern Ireland