Working Time (Amendment) Regulations (Northern Ireland) 2003

Contents

1Citation and commencement#

2Interpretation#

(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.

(2)In subsection (5)(a)—

3Amendment of the principal Regulations#

The principal Regulations shall be amended in accordance with regulations 4 to 21.

4Amendment of the principal Regulations#

In regulation 2(2) (interpretation), the following definition shall be inserted after the definition of “rest period” –“• “the restricted period”, in relation to a worker, means the period between 10 p.m. and 6 a.m. or, where the worker’s contract provides for him to work after 10 p.m., the period between 11 p.m. and 7 a.m.;”

5Amendment of the principal Regulations#

In regulation 3 (general) –

(a)

(b)after the renumbered paragraph (1) there shall be added the following paragraph—“2 The Department may direct that a joint-claim jobseeker’s allowance shall be paid wholly or in part to a natural person who is not the member of the joint-claim couple who is the nominated member for the purposes of Article 5B of the Jobseekers Order if such a direction as to payment appears to the Department to be necessary for protecting the interests of the other member of that couple or, as the case may be, both members of that couple.”

6Amendment of the principal Regulations#

In paragraph (c) of regulation 4(7) (“excluded days” for the purpose of calculating average weekly working time), after “maternity” there shall be inserted “paternity, adoption or parental”.

7Amendment of the principal Regulations#

The following regulation shall be inserted after regulation 5 –“5A 1 A young worker’s working time shall not exceed –a eight hours a day, orb 40 hours a week.2 If, on any day, or, as the case may be, during any week, a young worker is employed by more than one employer, his working time shall be determined for the purpose of paragraph (1) by aggregating the number of hours worked by him for each employer.3 For the purposes of paragraphs (1) and (2), a week starts at midnight between Sunday and Monday.4 An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limits specified in paragraph (1) are complied with in the case of each worker employed by him in relation to whom they apply.”

8Amendment of the principal Regulations#

Regulation 6(6) (normal working hours for employees entitled to overtime pay) shall be omitted.

9Amendment of the principal Regulations#

The following regulation shall be inserted after regulation 6 –“6A An employer shall ensure that no young worker employed by him works during the restricted period.”

10Amendment of the principal Regulations#

In regulation 7(2) (entitlement of young worker to health assessment before assignment to night work), for “the period between 10 p.m. and 6 a.m. (“the restricted period”)” there shall be substituted “the restricted period”.

11Amendment of the principal Regulations#

In regulation 9 (records showing whether regulations are complied with) –

(a)

(b)

12Amendment of the principal Regulations#

In regulation 10(1) (entitlement to daily rest period), for “An adult worker” there shall be substituted “A worker”.

13Amendment of the principal Regulations#

In regulation 11(1), (2) and (7) (entitlement to weekly rest period), for “an adult worker” there shall be substituted “a worker”.

14Amendment of the principal Regulations#

In regulation 12 (entitlement to rest breaks) –

(a)

(b)

15Amendment of the principal Regulations#

In regulation 19 (regulations not applying to domestic service) –

(a)

(b)

16Amendment of the principal Regulations#

In regulation 25 (young workers in the armed forces) –

(a)

(b)

17Amendment of the principal Regulations#

In regulation 26 (young workers employed on ships), after “Regulations” there shall be inserted “5A, 6A,”.

18Amendment of the principal Regulations#

In regulation 27 (young workers: force majeure) both –

(a)

(b)

there shall be inserted “5A, 6A,”.

19Amendment of the principal Regulations#

The following regulation shall be inserted after regulation 27 –“27A 1 Regulation 5A does not apply in relation to a young worker where –a the young worker’s employer requires him to undertake work which is necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product;b no adult worker is available to perform the work, andc performing the work would not adversely affect the young worker’s education or training.2 Regulation 6A does not apply in relation to a young worker employed –a in a hospital or similar establishment, orb in connection with cultural, artistic, sporting or advertising activities,in the circumstances referred to in paragraph (1).3 Regulation 6A does not apply, except in so far as it prohibits work between midnight and 4 a.m., in relation to a young worker employed in –a agriculture;b retail trading;c postal or newspaper deliveries;d a catering business;e a hotel, public house, restaurant, bar or similar establishment, orf a bakeryin the circumstances referred to in paragraph (1).4 Where the application of regulation 6A is excluded by paragraph (2) or (3), and a young worker is accordingly required to work during a period which would otherwise be a rest period or rest break –a he shall be supervised by an adult worker where such supervision is necessary for the young worker’s protection, andb he shall be allowed an equivalent period of compensatory rest.”

20Amendment of the principal Regulations#

In regulation 28(1) (enforcement), in paragraph (a) of the definition of “the relevant requirements” –

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

21Amendment of the principal Regulations#

In sub-paragraph (a)(iii) of paragraph (1) of regulation 30 (remedies) for “or 27(2)” there shall be substituted “, 27(2) or 27A(4)(b)”.

Contains public sector information licensed under the Open Government Licence v3.0.