SCHEDULE 8 Modifications of this Act in its application to Northern Ireland
Section 70(6).
1 In its application to Northern Ireland this Act shall have effect subject to the following modifications.
2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 3 for subsections (4) to (12) substitute—
(4) In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate.
(5) Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.
(6) If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly.
(7) If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance.
(8) If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft.
(9) The guidance shall come into force on such date as the Department may by order appoint.
(10) Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly.
(11) The Department may—
(a) from time to time revise the whole or any part of any guidance and re-issue it ;
(b) by order revoke any guidance.
(12) In this section—
“the Department” means the Department of Economic Development;
“guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued;
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 (1) In section 19(3)(g) for “section 2 of the Employment and Training Act 1973” substitute “ sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950 ”.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 In section 20(7) for paragraphs (b) and (c) substitute
; or
(b) functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986 are exercisable in relation to a disabled person’s property or affairs.
.
11 In section 22(4) and (6) omit “or (in Scotland) the subject of”.
12 (1) In section 25(1) omit “or (in Scotland) in reparation”.
(2) In section 25(3) for “England and Wales” substitute “ Northern Ireland ”.
(3) Omit section 25(4).
(4) In section 25(5) omit the words from“or” to the end.
13 In section 26(3) omit “or a sheriff court”.
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Omit sections 29, 30 and 31.
16 (1) In section 32(1) for “Secretary of State” substitute “ Department of the Environment ”.
(2) In section 32(5) for the definition of “taxi” substitute—
“taxi” means a vehicle which—
(a) is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and
(b) seats not more than 8 passengers in addition to the driver
.
17 In section 33, for “Secretary of State”, wherever it occurs, substitute “ Department of the Environment ”.
18 For section 34 substitute—
New licences conditional on compliance with accessibility taxi regulations
34 (1) The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.
(2) Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.
(3) The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order.
.
19 Omit section 35.
20 In section 36(7) for “licensing authority” substitute “ Department of the Environment ”.
21 (1) In section 37(5) and (6) for “licensing authority” substitute “ Department of the Environment ”.
(2) In section 37(9) for “Secretary of State” substitute “ Department of the Environment ”.
21A (1) In section 37A(5) and (6) for “licensing authority” substitute “Department of the Environment”.
(2) In section 37A(9) for the definitions of “driver”, “licensing authority”, “operator” and “private hire vehicle” substitute— “
“driver” means a person who holds a taxi driver’s licence under Article 79A of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1));
“operator” means a person who in the course of a business makes provision for the invitation or acceptance of bookings for a private hire vehicle;
“private hire vehicle” means a vehicle which—
seats not more than 8 passengers in addition to the driver; and
is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to carry passengers for hire (but not to stand or ply for hire). ”.
22 (1) In section 38(1) for “a licensing authority” substitute “ the Department of the Environment ”.
(2) In section 38(2) for “licensing authority concerned” substitute “ Department of the Environment ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 Omit section 39.
24 (1) In section 40 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.
(2) In section 40(5) for the definition of “public service vehicle” substitute—
“public service vehicle” means a vehicle which—
(a) seats more than 8 passengers in addition to the driver; and
(b) is a public service vehicle for the purposes of the Road Traffic (Northern Ireland) Order 1981;
.
(3) In section 40(7) for the words from “the Disabled” to the end substitute “ such representative organisations as it thinks fit ”.
25 (1) In section 41(2) for “Secretary of State” substitute “ Department of the Environment ”.
(2) In section 41 for subsections (3) and (4) substitute—
(3) Any person who uses a regulated public service vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
.
26 (1) In section 42 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.
(2) In section 42(1) for “he” substitute “ it ”.
(3) In section 42(6) for “his” substitute “ its ”.
27 In section 43 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.
28 (1) In section 44 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.
(2) In section 44(2) for “him” substitute “ it ”.
(3) In section 44(6) for “he” substitute “ it ” and for “his” substitute “ its ”.
29 (1) In section 45 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.
(2) In section 45(2) for “him” substitute “ it ” and at the end add “ of Northern Ireland ”.
(3) In section 45(4) for “he” substitute “ it ”.
30 (1) In section 46 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.
(2) In section 46(6) in the definition of “rail vehicle” for the words “on any railway, tramway or prescribed system” substitute “ by rail ”.
(3) Omit section 46(7).
(4) In section 46(11) for the words from “the Disabled” to the end substitute “ such representative organisations as it thinks fit ”.
31 (1) In section 47 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.
(2) In section 47(3) for the words “the Disabled Persons Transport Advisory Committee and such other persons as he” substitute “ such persons as it ” and for “he” substitute “ it ”.
32 Omit section 48(3).
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 51(4) for “a county court or a sheriff court” substitute “ or a county court ”.
(4) In section 51(6) for “the Secretary of State” substitute “ a Northern Ireland department ”.
35 For section 52 substitute—
Further provisions about codes issued under section 51.
52 (1) In this section—
“proposal” means a proposal made by the Equality Commission for Northern Ireland to a Northern Ireland department under section 51;
“responsible department”—
in relation to a proposal, means the Northern Ireland department to which the proposal is made,
in relation to a code, means the Northern Ireland department by which the code is issued; and
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.
(2) In preparing any proposal, the Equality Commission for Northern Ireland shall consult—
(a) such persons (if any) as the responsible department has specified in making its request to the Equality Commission for Northern Ireland; and
(b) such other persons (if any) as the Equality Commission for Northern Ireland considers appropriate.
(3) Before making any proposal the Equality Commission for Northern Ireland shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.
(4) Where the Equality Commission for Northern Ireland makes any proposal, the responsible department may—
(a) approve it;
(b) approve it subject to such modifications as that department thinks appropriate; or
(c) refuse to approve it.
(5) Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly.
(6) If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code.
(7) If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft.
(8) The code shall come into force on such date as the responsible department may appoint by order.
(9) Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly.
(10) If the responsible department refuses to approve a proposal, that department shall give the Equality Commission for Northern Ireland a written statement of the department’s reasons for not approving it.
(11) The responsible department may by order revoke a code.
.
36 (1) In section 53 for “Secretary of State” wherever it occurs substitute “ Department of Economic Development ”.
(2) In section 53(1) for “he” substitute “it”.
(3) In section 53(5) for “a county court or a sheriff court” substitute “ or a county court ”.
37 For section 54 substitute—
Further provisions about codes issued under section 53.
54 (1) In preparing a draft of any code under section 53, the Department shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as the Department considers appropriate.
(2) Where the Department proposes to issue a code, the Department shall publish a draft of the code, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.
(3) If the Department decides to proceed with the code, the Department shall lay a draft of it before the Assembly.
(4) If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed code.
(5) If no such resolution is made within the statutory period, the Department shall issue the code in the form of its draft.
(6) The code shall come into force on such date as the Department may appoint by order.
(7) Subsection (4) does not prevent a new draft of the proposed code from being laid before the Assembly.
(8) The Department may by order revoke a code.
(9) In this section—
“the Department” means the Department of Economic Development; and
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.
.
38 In section 56(2) and (4) for “Secretary of State” substitute “ Department of Economic Development ”.
39 In section 59(1) after “Crown” where it twice occurs insert “ or a Northern Ireland department ”.
40 (1) In section 60(1) to (3) for “Secretary of State” wherever it occurs substitute “ Department of Economic Development ” and for “he” and “him” wherever they occur substitute “ it ”.
(2) In section 60(4) for “Treasury” substitute “ Department of Finance and Personnel in Northern Ireland ”.
(3) For section 60(6) substitute—
(6) The Department of Economic Development may by order repeal section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act (Northern Ireland) 1945 (district advisory committees).
.
(4) In section 60(7) omit “paragraph (b) of”, for “1944” substitute “ 1945 ”and omit “in each case”.
(5) In section 60, omit subsection (8).
41 For section 61 substitute—
Amendments of Disabled Persons (Employment) Act (Northern Ireland) 1945.
61 (1) Section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 (which gives the Department of Economic Development power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).
(2) In subsection (1)—
(a) for “persons registered as handicapped by disablement” substitute “ disabled persons ”;
(b) for “their disablement” substitute “ their disability ”; and
(c) for “are not subject to disablement” substitute “ do not have a disability ”.
(3) In subsection (2) for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body ”.
(4) After subsection (2) insert—
(2A) The only kind of company which the Department itself may form in exercising its powers under this section is a company which is—
(a) required by its constitution to apply its profits, if any, or other income in promoting its objects; and
(b) prohibited by its constitution from paying any dividend to its members.
.
(5) After subsection (5) insert—
(5A) For the purposes of this section—
(a) a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and
(b) “disability” has the same meaning as in that Act.
.
(6) The provisions of section 16 of the Act of 1945 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert—
and whose disability is due to that service.
(2) or the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.
(7) The following provisions of the Act of 1945 shall cease to have effect—
(a) section 1 (definition of “disabled person”);
(b) sections 2 to 4 (training for disabled persons);
(c) sections 6 to 8 (the register of disabled persons);
(d) sections 9 to 11 (obligations on employers with substantial staffs to employ quota of registered persons);
(e) section 12 (the designated employment scheme for persons registered as handicapped by disablement);
(f) section 13 (interpretation of provisions repealed by this Act);
(g) section 14 (records to be kept by employer);
(h) section 19 (proceedings in relation to offences);
(j) sections 21 and 22 (supplementary).
(8) Any statutory provision in which “disabled person” is defined by reference to the Act of 1945 shall be construed as if that expression had the same meaning as in this Act.
42 (1) In section 62(2) for “Secretary of State” substitute “ Department of Economic Development ”.
(2) In section 62(7) for “Great Britain” where it twice occurs substitute “ Northern Ireland ”.
43 Omit section 63.
44 (1) In section 64(3) for “England and Wales” substitute “ Northern Ireland ”.
(2) Omit section 64(4).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In section 64(8)—
(a) omit the definitions of “British Transport Police”, “Royal Parks Constabulary” and “United Kingdom Atomic Energy Authority Constabulary”;
(b) in the definition of “the 1947 Act” at the end add “ as it applies both in relation to the Crown in right of Her Majesty’s Government in Northern Ireland and in relation to the Crown in right of Her Majesty’s Government in the United Kingdom ”;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) in the definition of “service for purposes of a Minister of the Crown or government department” at the end add “ or service as the head of a Northern Ireland department ”.
45 Omit section 65.
46 For section 67 substitute—
Regulations and orders etc.
67 (1) Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(2) Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.
(3) Any such power, includes power—
(a) to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and
(b) to provide for a person to exercise a discretion in dealing with any matter.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any other order made under this Act, other than an order under section 3(9), 54A(6)(a) or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
(6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.
(7) Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.
(8) Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).
47 (1) For section 68(1) substitute—
(1) In this Act—
“accessibility certificate” means a certificate issued under section 41(1)(a);
“act” includes a deliberate omission;
“the Agency” means the Labour Relations Agency;
“approval certificate” means a certificate issued under section 42(4);
“the Assembly” means the Northern Ireland Assembly;
“benefits”, in Part II, has the meaning given in section 4(4);
“the Department of Economic Development” means the Department of Economic Development in Northern Ireland;
“the Department of the Environment” means the Department of the Environment for Northern Ireland;
“the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;
“employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;
“employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (5);
“enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954;
“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;
“Minister of the Crown” includes the Treasury;
“Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;
“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;
“premises”, includes land of any description;
“prescribed” means prescribed by regulations;
“profession” includes any vocation or occupation;
“provider of services” has the meaning given in section 19(2)(b);
“public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;
“PSV accessibility regulations” means regulations made under section 40(1);
“rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;
“rail vehicle accessibility regulations” means regulations made under section 46(1);
“regulations” means—
in Parts I and II of this Act, section 66, the definition of “employment” above and subsections (3) and (4) below, regulations made by the Department of Economic Development;
in Part V of this Act, regulations made by the Department of the Environment;
in any other provision of this Act, regulations made by the Department of Health and Social Services.
“section 6 duty” means any duty imposed by or under section 6;
“section 15 duty” means any duty imposed by or under section 15;
“section 21 duty” means any duty imposed by or under section 21;
“taxi” and “regulated taxi” have the meaning given in section 32;
“taxi accessibility regulations” means regulations made under section 32(1);
“trade” includes any business;
“trade organisation” has the meaning given in section 13;
“vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.
.
(2) In section 68—
(a) for subsection (2) substitute— “
(2) Where an employee does his work wholly outside Northern Ireland, his employment is not to be treated as being work at an establishment in Northern Ireland. ”; and
(b) in subsections (3) and (4) for “Great Britain” wherever it occurs substitute “Northern Ireland”.
48 (1) In section 70(3) for “Secretary of State” substitute “ Department of Health and Social Services ”.
(2) In section 70(8) for “the Secretary of State” substitute “ a Northern Ireland department ” and for “him” substitute “ it ”.
49 (1) In Schedule 1 in paragraph 7(1) for “Act 1944” substitute “ Act (Northern Ireland) 1945 ”.
(2) In Schedule 1 in paragraph 7(7) for “1944” substitute “ 1945 ”.
50 (1) In Schedule 3 in paragraph 1—
(a) for “a conciliation officer” wherever it occurs substitute “ the Agency ”;
(b) in sub-paragraphs (1) and (4) for “he” substitute “ it ”;
(c) in sub-paragraph (3) for “the conciliation officer” substitute “ the Agency ”.
(2) In Schedule 3 for paragraph 4(1) substitute—
(1) In any proceedings under section 8—
(a) a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or
(b) a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.
.
(3) In Schedule 3 in paragraph 6(1) omit “or a sheriff court”.
(4) In Schedule 3 for paragraph 8(1) substitute—
(1) In any proceedings under section 25—
(a) a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or
(b) a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.
.
51 (1) In Schedule 4 in paragraphs 2(1) and (5) and 7(1) and (5) omit “or sisted”.
(2) In Schedule 4 in paragraph 4 for “Secretary of State” substitute “ Department of Economic Development ”.
(3) In Schedule 4 in paragraph 6(1) omit “or, in Scotland, to the sheriff”.
(4) In Schedule 4 omit paragraph 6(2).
(5) In Schedule 4 in paragraph 9 for “Secretary of State” substitute “ Department of Health and Social Services ”.
52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53 For Schedules 6 and 7 substitute—
SCHEDULE 6
Consequential Amendments
The Industrial Relations (Northern Ireland) Order 1976 (NI 16)
1 In Article 68(6) of the Industrial Relations (Northern Ireland) Order 1976 (reinstatement or re-engagement of dismissed employees)—
(a) in the definition of “relevant complaint of dismissal”, omit “or” and at the end insert “ or a complaint under section 8 of the Disability Discrimination Act 1995 arising out of a dismissal ”;
(b) in the definition of “relevant conciliation powers”, omit “or” and at the end insert “ or paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995 ”;
(c) in the definition of “relevant compromise contract” for “or Article” substitute “ Article ” and at the end insert “ or section 9(2) of the Disability Discrimination Act 1995 ”.
The Companies (Northern Ireland) Order 1986 (NI 6)
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7
Repeals
Chapter | Short title | Extent of repeal
1945 c. 6 (N.I.) | The Disabled Persons (Employment) Act (Northern Ireland) 1945. | Sections 1 to 4.
Sections 6 to 14.
In section 16 the words “vocational training and industrial rehabilitation courses and”, the words “courses and” and the words from “and in selecting” to “engagement”.
Section 19.
Section 21.
Section 22.
1960 c. 4 (N.I.) | The Disabled Persons (Employment) Act (Northern Ireland) 1960. | The whole Act.
1976 NI16 | The Industrial Relations (Northern Ireland) Order 1976. | In Article 68(6) the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.
Propose a change