INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 14A



14A.(1) The Agency may issue Codes of Practice containing such practical
guidance as the Agency thinks fit for the purpose of promoting the improvement
of industrial relations.

(2) Without prejudice to the generality of paragraph (1), the Agency shall, in
one or more Codes of Practice, provide practical guidance on the following
matters in relation to the application of the following provisions of the No.
2 Order, that is to say

(a)the disclosure of information, in accordance with Articles 50 and 51 of
that Order, by employers to trade union representatives for the purpose of
collective bargaining;

(b)the time off to be permitted by an employer

(i)to a trade union official in accordance with Article 37 of that Order; and

(ii)to a trade union member in accordance with Article 38 of that Order.

(3) When the Agency proposes to issue a Code of Practice, it shall prepare and
publish a draft of that Code, shall consider any representations made to it
about the draft and may modify the draft accordingly.

(4) If the Agency determines to proceed with the draft, it shall transmit the
draft to the Department which shall

(a)if it approves of the draft, lay it before the Assembly; and

(b)if it does not approve of the draft, publish details of its reasons for
withholding approval.

(5) In the case of a draft Code of Practice containing practical guidance on
the matters referred to in paragraph (2)(a) or (b), if the draft is approved
by resolution of the Assembly the Agency shall issue the Code in the form of
the draft and the Code shall come into effect on such day as the Department
may by order appoint.

(6) In the case of a draft Code of Practice not containing such practical
guidance, if, within the statutory period beginning with the day on which a
copy of the draft is laid before the Assembly, the Assembly so resolves, no
further proceedings shall be taken thereon, but without prejudice to the
laying before the Assembly of a new draft.

(7) If no such resolution is passed as is referred to in paragraph (6), the
Agency shall issue the Code in the form of the draft and the Code shall come
into effect on such day as the Department may by order appoint.

(8) An order under paragraph (5) or (7) shall be subject to negative
resolution and without prejudice to Article 80(3), may contain such
transitional provisions or savings as appear to the Department to be necessary
or expedient in connection with the Code of Practice thereby brought into
operation.

(9) The Agency may from time to time revise the whole or any part of a Code of
Practice issued under this Article and issue that revised Code, and paragraphs
(3) to (8) shall apply (with appropriate modifications) to such a revised Code
as they apply to the first issue of a Code.

(10) A failure on the part of any person to observe any provision of a Code of
Practice shall not of itself render him liable to any proceedings; but in any
proceedings before an industrial tribunal or the Industrial Court any Code of
Practice issued under this Article shall be admissible in evidence, and if any
provision of such a Code appears to the tribunal or Court to be relevant to
any question arising in the proceedings it shall be taken into account in
determining that question.]

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 14A