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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Fair Employment and Treatment (Northern Ireland) Order 1998 (N.I. 21) URL: http://www.bailii.org/nie/legis/num_orders/1998/19983162(07).html |
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| Statutory Instruments 1998 No. 3162 (N.I. 21) The Fair Employment and Treatment (Northern Ireland) Order 1998 - continued |
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Employers in default: notice stating they are not qualified
(b) in the case of a registered concern -
(ii) he stands convicted of an offence under Article 49(2);
(c) the employer -
(ii) stands convicted of an offence under Article 52(5) or regulations made by virtue of Article 53(2)(f)(i), in respect of that failure; and
(d) the employer has failed to comply with an order of the Tribunal and a penalty has been imposed under Article 17(3)(b), or the High Court has exercised its jurisdiction by virtue of Article 17(4), in respect of that failure.
(2) Where an employer is in default, the Commission may serve notice on him stating that he is not qualified for the purposes of Articles 64 to 66; and references in those Articles to an unqualified person are to a person on whom a notice has been served under this paragraph or Article 63(1) which has not been cancelled.
(b) in the case of a notice served by virtue of paragraph (1)(d), that he is complying, or has fully complied, with the order concerned,
serve notice on him cancelling the notice under paragraph (2).
(b) if he has previously applied under this paragraph, the latest date on which he so applied.
(7) Where the Commission refuses to grant an application under paragraph (6), it shall serve notice of that fact on the applicant and the applicant may, within 21 days from the date of the notice, appeal to the Tribunal against the refusal.
(b) in the case of a notice served by virtue of paragraph (1)(d), that the appellant is complying, or has fully complied, with the order concerned,
the Commission shall serve on him a notice cancelling the notice under paragraph (2).
(b) any person connected with him,
stating that the person on whom the notice is served is not qualified for the purposes of Articles 64 to 66.
(ii) falling within a class or description for the time being specified for the purposes of Article 64(3) to which a public authority is a party; or
(b) that, if he executes any work or supplies any goods or services for the purposes of any such contract, it is unlikely that the employer on whom the notice was served under Article 62(2) will benefit, directly or indirectly.
(3) Where notice has been served on any person under paragraph (1), the Commission shall serve notice on him cancelling the notice -
(b) if it appears to the Commission, whether on an application under paragraph (4) or otherwise, that (apart from Article 64(1)) paragraph (2)(a) or (b) is satisfied in his case.
(4) An application under this paragraph may be made by the person on whom the notice under paragraph (1) was served, but if he has previously made an application under this paragraph may not be made before the expiry of the period of 6 months beginning with the latest date on which he so applied.
(b) in response to an invitation by the public authority to submit offers.
(3) This paragraph applies to a contract falling within a class or description for the time being specified in an order made by the Department, where work is to be executed or goods or services supplied by any unqualified person.
(b) falling within a class or description for the time being specified for the purposes of paragraph (3),
the public authority shall take all such steps as are reasonable to secure that no work is executed or goods or services supplied for the purposes of the contract by any unqualified person.
(b) any amounts to be paid under or in connection with the contract; (c) any terms of the contract; and (d) any surrounding circumstances,
and by reference to such other factors as the Department thinks fit.
(b) that any public authority proposes to take any action in contravention of that Article,
the Commission may apply to the High Court for an injunction restraining him from contravening that Article and, where sub-paragraph (a) applies, requiring him to comply with that Article. Additional powers of Commission to obtain information 67. - (1) In connection with its functions under this Part, the Commission may require any person to give the Commission such information as it may specify for the purpose of determining -
(b) whether a body corporate is controlled by an employer or associated with him or whether any person is connected with him; and (c) whether a contract of either of the following kinds has been made or is likely to be made -
(ii) a contract falling within a class or description for the time being specified for the purposes of Article 64(3) to which a public authority is a party,
or whether any person has executed any work or supplied any goods or services for the purposes of any such contract, orislikely to do so.
(2) A requirement under this Article to give any information -
(b) shall specify the time by which the information is to be given.
(3) A person required to give any information under this Article who fails to comply with the requirement by the specified time shall be guilty of an offence.
(b) if the failure continues after conviction, shall be liable on a second or subsequent summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the failure continues.
(5) It is a defence for a person charged with an offence under paragraph (3) to show that he had a reasonable excuse (which may include unreasonable expense or inconvenience) for failing to comply with the requirement by the specified time and, in a case where it was reasonably practicable for him to comply with it after that time, to show that either -
(b) it was not reasonably practicable for him to comply with it before the proceedings were commenced,
and for the purposes of this paragraph the making of a complaint is to be treated as the commencement of the proceedings.
(b) an undertaking is given under that Article by such a public authority, but is not complied with; or (c) such a public authority is, or is in the opinion of the Commission, in breach of any duty under Article 52, 55, 56, 60, 64 or 67 or under regulations under Article 53 or 54,
and, accordingly, Articles 57(3), 58 and 65 do not apply in relation to such a public authority.
(b) in any other case, to the Northern Ireland Minister generally responsible for matters falling within the scope of the functions of the public authority.
(3) Where a report is sent to a Minister of the Crown he shall lay it before Parliament, and where a report is sent to a Northern Ireland Minister he shall lay it before the Assembly.
(b) an individual employed under a contract personally to execute any work or labour;
and includes a person in the service of the Crown, but only to the extent provided by Article 51; and "employment" and "employed" shall be interpreted accordingly;
(2) For the purposes of this Part -
(b) where people are employed by the members of a partnership, references to the employer are to the firm and references to the employer's address are to the principal office of the partnership, or its principal office in Northern Ireland, but each member of the partnership may exercise any function, under this Part, of the employer; (c) where people are employed by any other body, references to the employer are to the secretary or other executive officer charged with the conduct of the general affairs of the body.
(3) For the purposes of this Part -
(b) a body corporate (call it "A") is controlled by a person (call him "B") if B has the power to secure, by means of the holding of shares or the possession of voting power in or in relation to A or any other body corporate, or by virtue of any powers conferred by the articles of association or other document regulating A or any other body corporate, that the affairs of A are conducted in accordance with the wishes of B; (c) a person is connected with an individual if that person is the individual's wife or husband, or is a relative, or the wife or husband of a relative, of the individual or of the individual's wife or husband, and for this purpose "relative" means brother, sister, ancestor or lineal descendant; and (d) a person is connected with a body corporate if he is a director or officer of that body.
(4) References in this Part to a person in the service of the Crown do not include the holder of any office in Schedule 2 to the House of Commons Disqualification Act 1975. Excepted employments, etc. 70. - (1) This Order does not apply to or in relation to -
(b) employment for the purposes of a private household.
(2) Part VII does not apply to or in relation to any employment or occupation where the essential nature of the job requires it to be done by a person holding, or not holding, a particular religious belief.
(b) into practices -
(ii) involving any detriment to such staff,
including practices discontinued before the time of the investigation so far as relevant for explaining the composition of the staff at that time.
(4) The Commission may, and shall whenever the Department so directs, report to the Department upon the exercise of its functions under this Article; and a report under this paragraph may make recommendations as to any action which the Commission considers ought to be taken to further equality of opportunity in the employment of teachers, or teachers of any class, in schools, or in schools of any class (including action by way of the exercise of the power conferred by paragraph (6) to remove or limit the exception contained in paragraph (1)).
(b) shall, on and after such day or days as may be specified in the order, have effect only in relation to particular classes of teachers or particular classes of schools or for particular purposes of this Order.
Provision of training in pursuance of affirmative action
(b) by providing the facilities only there or by so confining the training, access to the facilities by persons of a particular religious belief or political opinion is excluded or restricted.
(2) For the purpose of determining whether any act done in, or in connection with, affording those facilities is by virtue of Article 3(2) unlawful under any provision of Parts III and V, the fact that, by providing the facilities only there or by so confining the training, their access to the facilities is thereby excluded or restricted is to be disregarded.
(b) the practice does not involve the application of any condition or requirement framed by reference to religious belief or political opinion, but has or may have the effect that the proportion of employees of a particular religious belief or political opinion who are selected is smaller than the proportion of employees not of that religious belief or, as the case may be, not of that political opinion who are selected.
(2) The dismissal of an employee in pursuance of the practice is not by virtue of Article 3(2) unlawful under any provision of Parts III and V.
(b) an employment agency; (c) a vocational organisation; or (d) a person providing services as mentioned in Article 24(1),
in or in connection with encouraging members of the Roman Catholic, or members of the Protestant, community in Northern Ireland to consider or to apply for a particular employment or particular training or to consider a particular occupation, where the act is done in pursuance of affirmative action. |
| © Crown copyright 1998 | Prepared 20 January 1999 |
