Part VIII Miscellaneous

I2E268 Interpretation.

1

In this Act—

  • accessibility certificate” means a certificate issued under section 41(1)(a);

  • act” includes a deliberate omission;

  • approval certificate” means a certificate issued under section 42(4);

  • F11benefits”, in Part II, has the meaning given in section 4(4);

  • conciliation officer” means a person designated under section 211 of the M1Trade Union and Labour Relations (Consolidation) Act 1992;

  • employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do any work, and related expressions are to be construed accordingly;

  • F12employment at an establishment in Great Britain” is to be construed in accordance with subsections (2) to (4A)

  • enactment” includes subordinate legislation and any Order in Council F13, and (except in section 56(5)) includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

  • F14Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain

  • “licensing authority F21, except in section 37A, means—

    1. a

      in relation to the area to which the M2Metropolitan Public Carriage Act 1869 applies, the Secretary of State or the holder of any office for the time being designated by the Secretary of State; or

    2. b

      in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area;

  • mental impairment” does not have the same meaning as in the M3Mental Health Act 1983 or the M4Mental Health (Scotland) Act 1984 but the fact that an impairment would be a mental impairment for the purposes of either of those Acts does not prevent it from being a mental impairment for the purposes of this Act;

  • F15Minister of the Crown” includes the Treasury and the Defence Council

  • occupational pension scheme” has the same meaning as in the M5Pension Schemes Act 1993;

  • premises” includes land of any description;

  • prescribed” means prescribed by regulations;

  • profession” includes any vocation or occupation;

  • provider of services” has the meaning given in section 19(2)(b);

  • public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;

  • PSV accessibility regulations” means regulations made under section 40(1);

  • rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;

  • rail vehicle accessibility regulations” means regulations made under section 46(1);

  • regulations” means regulations made by the Secretary of State;

  • F11section 6 duty” means any duty imposed by or under section 6;

  • F11section 15 duty” means any duty imposed by or under section 15;

  • section 21 duty” means any duty imposed by or under section 21;

  • subordinate legislation” has the same meaning as in section 21 of the M6Interpretation Act 1978;

  • taxi” and “regulated taxi” have the meaning given in section 32;

  • taxi accessibility regulations” means regulations made under section 32(1);

  • trade” includes any business;

  • trade organisation” has the meaning given in section 13;

  • vehicle examiner” means an examiner appointed under section 66A of the M7Road Traffic Act 1988.

F162

Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Great Britain if the employee—

a

does his work wholly or partly in Great Britain; or

b

does his work wholly outside Great Britain and subsection (2A) applies.

2A

This subsection applies if—

a

the employer has a place of business at an establishment in Great Britain;

b

the work is for the purposes of the business carried on at the establishment; and

c

the employee is ordinarily resident in Great Britain—

i

at the time when he applies for or is offered the employment, or

ii

at any time during the course of the employment.

2B

This subsection applies to a ship if—

a

it is registered at a port of registry in Great Britain; or

b

it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

2C

This subsection applies to an aircraft or hovercraft if—

a

it is—

i

registered in the United Kingdom, and

ii

operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain; or

b

it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

2D

The following are not to be regarded as being employment at an establishment in Great Britain—

a

employment on board a ship to which subsection (2B) does not apply;

b

employment on an aircraft or hovercraft to which subsection (2C) does not apply.

4

Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in Great Britain.

F174A

For the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Great Britain, subsections (2)(a) and (b), (2A) and (2C) of this section each have effect as if “Great Britain” had the same meaning as that given to the last reference to Great Britain in section 10(1) of the Sex Discrimination Act 1975 F18 by section 10(5) of that Act read with the Sex Discrimination and Equal Pay (Offshore Employment) Order 1987 F19.

5

F20Where work is not done at an establishment it shall be treated as done—

a

at the establishment from which it is done; or

b

where it is not done from any establishment, at the establishment with which it has the closest connection.

I1E168 Interpretation.

F11

In this Act—

  • accessibility certificate” means a certificate issued under section 41(1)(a);

  • act” includes a deliberate omission;

  • the Agency” means the Labour Relations Agency;

  • approval certificate” means a certificate issued under section 42(4);

  • the Assembly” means the Northern Ireland Assembly;

  • F9benefits”, in Part II, has the meaning given in section 4(4);

  • the Department of Economic Development” means the Department of Economic Development in Northern Ireland;

  • the Department of the Environment” means the Department of the Environment for Northern Ireland;

  • the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;

  • employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;

  • F2employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)

  • enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 F3, and (except in section 56(5)) includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;

  • government department” means a Northern Ireland department or a department of the Government of the United Kingdom;

  • F4Minister of the Crown” includes the Treasury and the Defence Council

  • Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;

  • occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;

  • premises”, includes land of any description;

  • prescribed” means prescribed by regulations;

  • profession” includes any vocation or occupation;

  • provider of services” has the meaning given in section 19(2)(b);

  • public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;

  • PSV accessibility regulations” means regulations made under section 40(1);

  • rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;

  • rail vehicle accessibility regulations” means regulations made under section 46(1);

  • regulations” means—

    1. a

      F5in section 17A, regulations made by the Department for Employment and Learning;

    2. b

      in Part V of this Act, regulations made by the Department of the Environment;

    3. c

      F6in any other provision of this Act, regulations made by the Office of the First Minister and deputy First Minister:

  • F9section 6 duty” means any duty imposed by or under section 6;

  • F9section 15 duty” means any duty imposed by or under section 15;

  • section 21 duty” means any duty imposed by or under section 21;

  • taxi” and “regulated taxi” have the meaning given in section 32;

  • taxi accessibility regulations” means regulations made under section 32(1);

  • trade” includes any business;

  • trade organisation” has the meaning given in section 13;

  • vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.

F72

Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Northern Ireland if the employee –

a

does his work wholly or partly in Northern Ireland; or,

b

does his work wholly outside Northern Ireland and subsection (2A) applies.

2A

This subsection applies if –

a

the employer has a place of business at an establishment in Northern Ireland;

b

the work is for the purposes of the business carried on at the establishment; and

c

the employee is ordinarily resident in Northern Ireland –

i

at the time when he applies for or is offered the employment, or

ii

at any time during the course of the employment.

2B

This subsection applies to a ship if –

a

it is registered at a port of registry in Northern Ireland; or

b

it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

2C

This subsection applies to an aircraft or hovercraft if –

a

it is –

i

registered in the United Kingdom, and

ii

operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland; or

b

it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

2D

The following are not to be regarded as being employment at an establishment in Northern Ireland –

a

employment on board a ship to which subsection (2B) does not apply;

b

employment on an aircraft or hovercraft to which subsection (2C) does not apply.

4

Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in F8Northern Ireland.

5

F10Where work is not done at an establishment it shall be treated as done—

a

at the establishment from which it is done; or

b

where it is not done from any establishment, at the establishment with which it has the closest connection.