Department for Employment and Learning

EMPLOYMENT RELATIONS (2004 ORDER) (COMMENCEMENT NO. 2 AND TRANSITIONAL PROVISIONS) ORDER (NORTHERN IRELAND) 2005 (S.R. 73 (C.6)).

Notice is hereby given that the Department for Employment and Learning (“the Department”), in exercise of the powers conferred on it by Article 1(2) and (3) of the Employment Relations (Northern Ireland) Order 2004, and of all other powers enabling it in that behalf, has made a Statutory Rule entitled the Employment Relations (2004 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005 (S.R 73 (C.6)).

The Order, which corresponds to the GB Employment Relations Act 2004 (Commencement No. 2 and Transitional Provisions) Order 2004, commences Articles 17, 19 and 28 of, together with paragraphs 15 and 18 of Schedule 1 to, the Employment Relations (Northern Ireland) Order 2004. It clarifies that the power conferred in Article 12(6) of the Industrial Tribunals (Northern Ireland) Order 1996 (S.l. 1996/1921 (N.I. 18) applies to any proceedings where a national security issue is at stake; it provides a new order making power for the Department to widen the means of voting available in ballots and elections conducted under the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.l. 1995/1980 (N.I. 12); it extends the Department’s powers to amend (at the request of the Industrial Court) those provisions which provide a statutory procedure for the recognition and derecognition of trade unions for the purpose of collective bargaining; and amends Schedule IA to the Trade Union and Labour Relations (Northern Ireland) Order 1995 to provide order making powers to enable the Department to deal with cases where the trade union to which the action related amalgamates or transfers its engagements or the employer involved ceases to be the employer. It also makes a technical amendment to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.l. 9)).

The Order is not subject to any procedure before the Assembly, and will come into operation on 13 March 2005.

Copies of the Order may be purchased from The Stationery Office, 16 Arthur Street, Belfast BT1 4GD priced £3.00.

Department for Employment and Learning, Adelaide House, 39 49 Adelaide Street, Belfast BT2 8FD