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	Statutes of Northern Ireland
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SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - LONG TITLE

An Act to safeguard employment in Northern Ireland in the interests
of Northern Ireland workers by making provision for restricting the
employment in Northern Ireland of other persons.{1}
[23rd December 1947]
Persons who are "Northern Ireland workers" for purposes of this Act.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 1

1.(1) For the purposes of this Act the expression "Northern Ireland
workers" shall be taken to include only those persons who were

(a)born at a place which is within Northern Ireland; or

(b)ordinarily resident in Northern Ireland immediately prior to the
first day of January, nineteen hundred and forty; or

(c)ordinarily resident in Northern Ireland for at least ten out of
any period of twenty consecutive years ending on or after the date
of the passing of this Act; or

(d)married to persons born in Northern Ireland; or

(e)children of a parent or parents born in Northern Ireland who
reside with such parent or parents in Northern Ireland at the date
of passing of this Act.

(2) For the purposes of paragraph (c) of the preceding sub-section
any period during which a person has served (whether in Northern
Ireland or elsewhere) in the armed forces of the Crown or in any
of the capacities mentioned in the First Schedule to the Disabled
Persons (Employment) Act (Northern Ireland), 1945, shall be reckoned
as a period during which that person has resided in Northern
Ireland.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 2
Restriction on employment of persons not Northern Ireland workers.

2.(1) Subject to the provisions of sub-section (6) of this section,
a person who is not a Northern Ireland worker within the meaning
of section one of this Act shall not after the thirty-first day of
December, nineteen hundred and forty-seven, undertake or become or be
engaged in, any employment in Northern Ireland under a contract of
service or apprenticeship unless he is authorised to do so by the
terms of a permit issued by the Ministry under the provisions of
the next succeeding section of this Act.

(2) Subject to the provisions of sub-section (6) of this section, a
person shall not after the thirty-first day of December, nineteen
hundred and forty-seven, knowingly engage or employ in any employment
in Northern Ireland under a contract of service or apprenticeship
any person who is not a Northern Ireland worker within the meaning
of section one of this Act unless that last-mentioned person is
authorised to be engaged in such employment by the terms of a
permit issued by the Ministry under the next succeeding section of
this Act.

(3) It is hereby declared that, for the purposes of this section,
employment under a contract of service or apprenticeship shall
include employment by any public or local authority.

(4) If any person contravenes, or neglects or fails to comply with,
any of the foregoing provisions of this section he shall be guilty
of an offence under this section and shall in respect of each such
offence be liable on summary conviction to a fine not exceeding
five pounds together with a further fine not exceeding one pound
for every day during which the offence continues after such
conviction.

(5) Where an offence under this section has been committed by a
body corporate and is proved to have been so committed with the
consent or approval of, or to have been facilitated by any neglect
on the part of, any director, manager, secretary, or other officer
of such body corporate, such director, manager, secretary, or other
officer shall also be deemed to be guilty of such offence and
shall be liable to be proceeded against and punished accordingly.

(6) Nothing in this section shall apply to or affect the employment
of any person in any of the employments mentioned in the Schedule
to this Act, or in any employment exempted from the operation of
this Act by order of the Ministry so long as such order continues
in force.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 3
Permits.

3.(1) For the purposes of the last preceding section the Ministry
may, subject to and in accordance with the provisions of this
section, grant permits in such form as the Ministry thinks proper
and for such periods as the Ministry specifies therein.

(2) A permit granted under this section may authorise the employment
of the person named therein in the capacity specified therein either
generally or by a specified employer or at a specified place or by
a specified employer at a specified place.

(3) A permit granted under this section may be renewed at any time
for such period as the Ministry thinks fit.

(4) A permit granted or renewed under this section may be revoked
by the Ministry whenever the Ministry considers that the
circumstances that justified the grant or renewal of such permit
have changed.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 4
Miscellaneous offences.

4. Any person who

(a)for the purposes of obtaining any permit or certificate from the
Ministry under this Act knowingly furnishes any information which is
false in any material particular; or

(b)falsely personates any person named in any permit or certificate
granted under this Act; or

(c)wilfully misrepresents to any employer that he is a person in
respect of whom a permit has been granted under this Act or in
respect of whom no such permit is required to be granted by this
Act;

Institution of prosecutions.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 5

5. Proceedings for an offence under this Act shall not be
instituted except by or with the consent of the Ministry or by an
officer authorised in that behalf by special or general directions
of the Ministry.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 6
Evidence.

6.(1) Where the Ministry after investigation has reasonable cause to
believe that a person is not a Northern Ireland worker and that he
has undertaken or is engaged in employment in Northern Ireland
contrary to the provisions of section two of this Act, it may
serve notice on such person informing him of such belief and
requiring him within twenty-one days from the date of the service
of such notice to satisfy it that he is a Northern Ireland worker.

(2) If any person on whom such notice has been served fails or
neglects to satisfy the Ministry within the said period that he is
a Northern Ireland worker, the Ministry may, on any prosecution
brought under section two of this Act in respect of the employment
of that person, certify to the court that he has so failed or
neglected and on such prosecution the production of such certificate
shall be sufficient to prove that the person to whom it relates is
not a Northern Ireland worker unless the person charged shall prove
the contrary and where such certificate is so produced the burden
of proving that the person to whom it relates is a Northern
Ireland worker shall lie on the person charged.

(3) On any prosecution brought in respect of the employment of any
person contrary to the provisions of section two of this Act,
evidence that that person or his employer has paid in respect of
that person any employed person's contribution payable under or by
virtue of any of the following enactments, that is to say:

(a)the Unemployment Insurance Act (Northern Ireland), 1936;

(b)the National Health Insurance Act, 1936, as in force in Northern
Ireland; or

(c)the National Insurance Act (Northern Ireland), 1946, or any
enactment for the repeal of which provision was made by that Act;

(4) Any notice required or authorised to be served under this
section may be served on any person by delivering it to him, or
by leaving it at, or sending it by post to, his usual or last
known place of abode or employment.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 7
Power of Ministry to exempt other employments.

7.(1) In addition to the employments set out in the Schedule to
this Act, the Ministry may from time to time by order exempt from
the operation of this Act such other employment or employments as
the Ministry may think proper.

(2) An order made under this section shall, so soon as may be
after it is made, be laid before each House of Parliament. If
either House of Parliament within the statutory period next after
the order has been laid before such House, resolves that the order
shall be annulled, the order shall, after the date of the
resolution, be void, but without prejudice to the validity of
anything previously done thereunder or to the making of a new
order.

For the purposes of this sub-section, the expression "statutory
period" means ...

definition in 1954 c.33 (NI) s.41(2) substituted by 1979 NI 12
art.10

Expenses.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 8

8. The expenses incurred by the Ministry in carrying the provisions
of this Act into effect, to such amount as may be approved by the
Ministry of Finance, shall be paid out of moneys provided by
Parliament.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 9
Interpretation.

9.(1) In this Act the following expressions shall, unless the
contrary intention appears, have the meanings hereby respectively
assigned to them, that is to say:

"contract of service or apprenticeship" includes any such contract
wherever made, whether expressed or implied, oral or in writing and
whether made before or after the date of the passing of this Act:

"Ministry" means the Ministry of Labour and National Insurance.

Subs.(2) rep. by 1954 c.33 (NI) s.48(1) sch.

SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 10
Short title.

10. This Act may be cited as the Safeguarding of Employment Act
(Northern Ireland), 1947.1. Employment in the service of the Crown.

2. Employment by virtue of which the employed person is entitled to
any diplomatic or consular privilege.

3. Employment in the service of the husband or wife of the
employed person.

4. Employment as a duly qualified medical practitioner or as a
registered dentist.

5. Employment as a minister of religion.

6. Employment as a Professor of a University or as a member of
the tutorial staff of a University.

7. Employment in any vessel or aircraft.

8. Employment for a period of not more than three of any twelve
consecutive months as a member of the theatrical or musical
professions.