Parental Leave Act 1998

F39 [ Codes of practice.

22A

22A. (1) The Equality Authority may, or if requested to do so by the Minister shall, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the steps that may be taken for complying with one or more provisions of this Act.

(2) Before submitting a draft code of practice under subsection (1) to the Minister, the Equality Authority shall consult such other Minister of the Government or other person or body as the Equality Authority considers appropriate or as the Minister may direct.

(3) After a draft code of practice has been submitted under subsection (1), the Minister may by order declare that the draft

( a ) is an approved code of practice for the purposes of this Act, or

( b ) as amended by the Minister after consultation with the Equality Authority, is an approved code of practice for the purposes of this Act,

and an order under this subsection shall set out the text of the approved code of practice to which it relates.

(4) In any proceedings under this Act before a court, the Employment Appeals Tribunal or a rights commissioner, an approved code of practice shall be admissible in evidence and, if any provision of the code appears to be relevant to any question arising in the proceedings, it shall be taken into account in determining that question.

(5) The Minister may, by order, after consultation with the Equality Authority, revoke or amend an approved code of practice.

(6) Every order made under subsection (3) or (5) shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) In this section, Equality Authority means the Equality Authority as construed in accordance with section 38(1) of the Employment Equality Act 1998. ]

Annotations:

Amendments:

F39

Inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 12, commenced on enactment.

Modifications (not altering text):

C5

Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.

Transfer of functions from Employment Appeals Tribunal

66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.

(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.

(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

(3) This section shall come into operation on the dissolution day.

C6

“Equality Authority” construed (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 44(2), S.I. No. 450 of 2014.

Transfer of functions to Commission

44. (1) All functions that, immediately before the establishment day, were vested in a dissolved body are transferred to the Commission.

(2) References in any enactment or instrument under an enactment to the Human Rights Commission or the Equality Authority, as the case may be (howsoever described) shall be construed as references to the Commission save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.

(3) This section shall come into operation on the establishment day.