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