
1 

(1) These Regulations may be cited as the Transfer of Undertakings and Service Provision Change (Protection of Employment) (Consequential Amendments etc.) Regulations (Northern Ireland) 2007 and shall come into operation on 30th December 2007.
(2) The Interpretation Act (Northern Ireland) 1954  shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
(3) These Regulations extend to Northern Ireland only.
2 

(1) Article 234 of the Pensions (Northern Ireland) Order 2005 (conditions for pension protection) is amended as follows.
(2) In paragraph (1), for sub-paragraph (a) there shall be substituted—“
(a) there is a transfer of an undertaking, business or part of an undertaking or business for the purposes of regulation 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 or there is a service provision change within the meaning of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006,”.
(3) In paragraph (1)(b) after “by virtue of the transfer” there shall be inserted “or service provision change”.
(4) Paragraph (6) is omitted.
(5) For paragraph (8) there shall be substituted—“
(8) In this Article references to the transferor include any associate of the transferor, and Article 4 of the Insolvency Order applies for the purposes of this Article as it applies for the purposes of that Order.”.
3 

(1) Regulation 20 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005 is amended as follows.
(2) In paragraph (1)(c)—
(a) the word “and” at the end of head (i) is omitted; and
(b) for head (ii) there shall be substituted—“
(ii) regulations 13 to 16 of the Transfer of Undertakings (Protection of Employment) Regulations 2006; and
(iii) regulations 13 to 16 of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006.”.
(3) In paragraph (5)(b) for “regulation 10” there shall be substituted “regulation 13” and after “paragraph (1)(c)(ii)” there shall be inserted “or paragraph (1)(c)(iii)”.
4 
Rule 22(5) of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 is amended by substituting for sub-paragraph (d)—“
(d) regulation 15(10) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (failure to pay compensation following failure to inform or consult);
(da) regulation 15(10) of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (failure to pay compensation following failure to inform or consult);”.
5 

(1) Paragraph 126 of the Schedule to the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 is amended as follows.
(2) In sub-paragraph (v)(a) for “regulations 10 and 11 of the Transfer of Undertakings (Protection of Employment) Regulations 1981(b) (as amended from time to time)” there shall be substituted “regulations 13, 15 and 16 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended from time to time) or regulations 13, 15 and 16 of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (as so amended)”.
(3) In sub-paragraph (vi) for “regulations 10 and 11 of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (as amended from time to time)” there shall be substituted “regulations 13, 15 and 16 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended from time to time) or regulations 13, 15 and 16 of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (as so amended)”.
6 
Regulations 2, 4 and 5 shall not apply where the Transfer of Undertakings (Protection of Employment) Regulations 1981 continue to have application by virtue of regulation 21 of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
7 

(1) The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 are amended as follows.
(2) In regulation 17(1)(a) for “Employers’ ” there shall be substituted “Employer’s ”
(3) In paragraph 2 of Schedule 1 after “the Service Provision Change (Protection of Employment) Regulations” there shall be inserted “(Northern Ireland)”.
Sealed with the Official Seal of the Department for Employment and Learning on 5th December 2007.
Sir Reg Empey
Minister for Employment and Learning
