The Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2012

Made: 21st March 2012

The Department for Employment and Learning makes the following Order in exercise of the powers conferred by Article 90(5) of the 1992 Order, now vested in it[^f00003].

Citation

1

This Order may be cited as the Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2012.

Appointed Day for the Code of Practice

2

The day appointed by the Department under Article 90(5) of the Industrial Relations (Northern Ireland) Order 1992 for the coming into effect of the Code of Practice on Time Off for Trade Union Duties and Activities issued by the Agency pursuant to that Article is 19th April 2012.

Revocation and saving

3

• (1) Subject to paragraph (2), the Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2004[^f00004] (“the 2004 Order”) is revoked.

• (2) The Code of Practice brought into effect by Article 2 of the 2004 Order shall continue to have effect in relation to any act done before 19th April 2012 by or on behalf of or in relation to an employer or by or on behalf of or in relation to an employee.

Signed

Sealed with the Official Seal of the Department for Employment and Learning on 21st March 2012.

Dr Stephen Farry — Minister for Employment and Learning

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order appoints 19th April 2012 as the day upon which the Code of Practice on Time Off for Trade Union Duties and Activities, which is being issued by the Labour Relations Agency (LRA) under Article 90(5) of the Industrial Relations (Northern Ireland) Order 1992, will come into effect.

The Code of Practice replaces the previous Code of Practice on Time Off for Trade Union Duties and Activities which came into effect on 20th May 2004 by virtue of the Code of Practice (Time Off for Trade Union Duties and Activities) (Appointed Day) Order (Northern Ireland) 2004 (“the 2004 Order”). The revisions to the Code, which are introduced to reflect best practice, were carried out by the LRA under Article 90(9) of the Industrial Relations (Northern Ireland) Order 1992. The Code was laid before the Assembly in accordance with Article 90(4) of the Order and was approved by resolution of the Assembly on 6th March 2012.

Transitional arrangements provide that the Code shall have effect in relation to any act done by an employee or employer on or after 19th April 2012 and the LRA Code brought into effect by Article 2 of the 2004 Order shall continue to have effect in relation to any act done before that date. The 2004 Order is otherwise revoked.

An impact assessment has not been produced for this Rule as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: S.I. 1992/807 (N.I. 5); Article 90 was amended by S.I. 1996/1919 (N.I. 16), S.I 2003/2902 (N.I. 15) and S.I. 2005/3424 (N.I. 20)

[^f00002]: Formerly the Department for Higher Education, Training and Employment; see 2001 c. 15 (N.I.)

[^f00003]: See S.R. 1999 No. 481

[^f00004]: S.R. 2004 No. 230