Statutory Rules of Northern Ireland
1997 No. 504

FAIR EMPLOYMENT
Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1997

Made
14th November 1997

Coming into operation
1st January 1998

Whereas, in accordance with section 25(3) of the Fair Employment (Northern Ireland) Act 1989(1) (“the Act of 1989”), each person who, by virtue of the following Order, becomes a public authority for any of the purposes of sections 27 to 42 of that Act is:


(1)
a Minister of the Crown or the head of a Northern Ireland Department;

(2)
a body created by a statutory provision, within the meaning of the Interpretation Act (Northern Ireland) 1954(2), or the holder of any office so created; or

(3)
a person appearing to the Department of Economic Development (“the Department”)(3) to exercise functions of a public nature;

And whereas, in accordance with section 26(4) of the Act of 1989, it appears to the Department that some or all of the people who are employed by each person, who by virtue of the following Order becomes an employer for the purposes of sections 27 to 37 of that Act, who are in the service of the Crown for the purposes of the functions of those persons or who are treated by virtue of the following Order as so employed or as in such service, are employed or serve in Northern Ireland;

Now, therefore, the Department in exercise of the powers conferred on it by section 25(1) and (2) of the Act of 1989 and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 1997 and shall come into operation on 1st January 1998.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954 shall apply to this Order as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 1989

3.  For the Schedule to the Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 1989(4) there shall be substituted the Schedule to this Order.

Sealed with the Official Seal of the Department of Economic Development on

L.S.
G. I. O'Doherty
Assistant Secretary
14th November 1997.

Article 3
SCHEDULE

“SCHEDULE

Part IPublic Authorities for the purposes of sections 27 to 42 of the Act of 1989


Agricultural Research Institute of Northern Ireland

Altnagelvin Hospitals Health and Social Services Trust

Armagh and Dungannon Health and Social Services Trust

Arts Council of Northern Ireland

Assembly Ombudsman for Northern Ireland

Belfast City Hospital Health and Social Services Trust

Belfast Education and Library Board

Belfast Harbour Commissioners

British Broadcasting Corporation

Causeway Health and Social Services Trust

Chief Constable of the Royal Ulster Constabulary

Chief Electoral Officer for Northern Ireland

Citybus Limited

Coleraine Harbour Commissioners

Commission for Racial Equality for Northern Ireland

Comptroller and Auditor General for Northern Ireland

Construction Industry Training Board

Council for Catholic Maintained Schools

Craigavon Area Hospital Group Health and Social Services Trust

Craigavon and Banbridge Community Health and Social Services Trust

Any District Council

Down Lisburn Health and Social Services Trust

Eastern Health and Social Services Board

Enterprise Ulster

Equal Opportunities Commission for Northern Ireland

Fair Employment Commission for Northern Ireland

Fire Authority for Northern Ireland

Fisheries Conservancy Board for Northern Ireland

Flexibus Limited

Foyle Fisheries Commission

Foyle Health and Social Services Trust

General Consumer Council for Northern Ireland

Green Park Health and Social Services Trust

Homefirst Community Health and Social Services Trust

Independent Commission for Police Complaints for Northern Ireland

Labour Relations Agency

Laganside Corporation

Livestock and Meat Commission for Northern Ireland

Local Enterprise Development Unit

Local Government Staff Commission for Northern Ireland

Londonderry Port and Harbour Commissioners

Mater Infirmorum Hospital Health and Social Services Trust

Mental Health Commission for Northern Ireland

National Board for Nursing, Midwifery and Health Visiting for Northern Ireland

Newry and Mourne Health and Social Services Trust

North Down and Ards Community Health and Social Services Trust

North Eastern Education and Library Board

North and West Belfast Health and Social Services Trust

Northern Health and Social Services Board

Northern Ireland Ambulance Service Health and Social Services Trust

Northern Ireland Blood Transfusion Service Agency

Northern Ireland Central Services Agency for the Health and Social Services

Northern Ireland Commissioner for Complaints

Northern Ireland Community Relations Council

Northern Ireland Council for the Curriculum, Examinations and Assessment

Northern Ireland Council for Postgraduate Medical and Dental Education

Northern Ireland Economic Development Office

Northern Ireland Fishery Harbour Authority

Northern Ireland Guardian Ad Litem Agency

Northern Ireland Health Promotion Agency

Northern Ireland Housing Executive

Northern Ireland Local Government Officers' Superannuation Committee

Northern Ireland Railways Company Limited

Northern Ireland Regional Medical Physics Agency

Northern Ireland Tourist Board

Northern Ireland Transport Holding Company

Police Authority for Northern Ireland

Post Office

Probation Board for Northern Ireland

Rathgael and Whiteabbey Schools Management Board

Royal Group of Hospitals and Dental Hospital Health and Social Services Trust

South and East Belfast Health and Social Services Trust

South Eastern Education and Library Board

Southern Education and Library Board

Southern Health and Social Services Board

Sperrin Lakeland Health and Social Services Trust

Sports Council for Northern Ireland

Staff Commission for Education and Library Boards

The Board of Governors of Stranmillis College of Education, Belfast

Trustees of the Ulster Folk and Transport Museum

Trustees of the Ulster Museum

Ulster, North Down and Ards Hospitals Health and Social Services Trust

Ulster Sheltered Employment Limited

Ulsterbus Limited

United Hospitals Health and Social Services Trust

Warrenpoint Harbour Authority

Western Education and Library Board

Western Health and Social Services Board

Youth Council for Northern Ireland



Part IIPublic Authorities for the purposes of sections 38 to 42 of the Act of 1989


Minister of Agriculture, Fisheries and Food

Commissioners of Customs and Excise

Secretary of State for Defence

Secretary of State for Environment

Secretary of State for the Home Department

Board of Inland Revenue

The Lord Chancellor

The Controller of Her Majesty’s Stationery Office

The Director-General for Electricity Supply for Northern Ireland

The Director-General of Gas for Northern Ireland

The Director of Savings (Department for National Savings)

Health and Safety Agency for Northern Ireland

Secretary of State for Northern Ireland

Secretary of State for Social Security

Secretary of State for Trade and Industry

Secretary of State for Transport

Any Northern Ireland Department

The Head of any Northern Ireland Department

The governing body established under Article 10(1)(c) of the Further Education (Northern Ireland) Order 1997 for any institution of further education

Any Health and Social Services trust established after 1st January 1998 under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991.”

Explanatory Note

(This note is not part of the Order.)
This Order further amends the Fair Employment (Specification of Public Authorities) Order (Northern Ireland 1989 (“the 1989 Order”) which specifies a number of persons or bodies as public authorities for certain purposes under Part II of the Fair Employment (Northern Ireland) Act 1989 (“the Act of 1989”) and provides for the persons who are to be treated for such purposes as the employees of some of those authorities.
The Schedule to the 1989 Order lists in Part I the bodies who are public authorities for the purposes of sections 27 to 42 of the Act of 1989 and in Part II the bodies who are public authorities for the purposes of sections 38 to 42 of the Act of 1989.
Article 3 of this Order substitutes a new Schedule to the 1989 Order. The only change of substance lies in the inclusion in Part I of the Commission for Racial Equality for Northern Ireland which was established under Article 42(1) of the Race Relations (Northern Ireland) Order 1997.


(1)
1989 c. 32

(2)
1954 c. 33 (N.I.)

(3)
See section 47(5) of the Act of 1989 as read with section 57(1) of the Fair Employment (Northern Ireland) Act 1976 (c. 25); the Department of Manpower Services was renamed the Department of Economic Development by S.I. 1982/846 (N.I. 11) Article 3

(4)
S.R. 1989 No. 475 as amended by S.R. 1990 No. 453; S.R. 1993 No. 4; S.R. 1993 No. 459; S.R. 1995 No. 10; S.R. 1995 No. 430 and S.R. 1996 No. 504