Irish Human Rights and Equality Commission Act 2014

31.

Codes of practice

31. (1) The Commission may, and shall, if so requested by the Minister, prepare for submission to the Minister draft codes of practice in furtherance of one or more of the following aims:

(a) the protection of human rights;

(b) the elimination of discrimination;

(c) the promotion of equality of opportunity in employment;

(d) the promotion of equality of opportunity in relation to those matters to which the Act of 2000 applies.

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

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

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

(b) as amended by the Minister after consultation with the Commission, 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 to which the order relates.

(4) A code of practice under section 56 of the Act of 1998 in operation immediately before the commencement of this section shall—

(a) remain in operation after such commencement, and

(b) be deemed to be an approved code of practice for the purposes of this section, and may be amended or revoked by order of the Minister.

(5) A code of practice standing approved under this section (including a code of practice to which subsection (4) applies) shall be admissible in evidence—

(a) in proceedings before a court, or

(b) in the case of proceedings under Part VII of the Act of 1998 or Part III of the Act of 2000, before the Labour Court, the Labour Relations Commission, the Employment Appeals Tribunal, the Director of the Equality Tribunal, or a rights commissioner.

Annotations:

Modifications (not altering text):

C3

Prospective affecting provision: functions transferred and references in subs. (5) 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.