Equality Citation, commencement and interpretation 1 1 These Regulations may be cited as the Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011 and shall come into operation on 6 th April 2011. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendments to the Employment Equality (Age) Regulations (Northern Ireland) 2006 2 1 The Employment Equality (Age) Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (7). 2 In regulation 7 (applicants and employees), omit paragraphs (4), (5) and (8). 3 Regulation 32 (exception for retirement) is revoked. 4 For regulation 36 (exception for provision of life assurance cover to retired workers), substitute— Insurance etc. 36 1 Nothing in Part 2 or 3 shall render it unlawful for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of an employee for a period ending when the employee attains whichever is the greater of— a the age of 65, and b the state pensionable age. 2 Nothing in Part 2 or 3 shall render it unlawful for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of only such employees as have not attained whichever is the greater of— a the age of 65, and b the state pensionable age. 3 Paragraphs (1) and (2) apply only where the insurance or related financial service is, or is to be, provided to the employer’s employees or a class of those employees— a in pursuance of an arrangement between the employer and another person, or b where the employer’s business includes the provision of insurance or financial services of the description in question, by the employer. 4 The state pensionable age is the pensionable age determined in accordance with the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995 . . 5 Regulation 51 (duty to consider working beyond retirement) is revoked. 6 Schedule 5 (duty to consider working beyond retirement) is revoked. 7 In Schedule 7, omit sub-paragraphs (3) to (5), (7) and (9) of paragraph 3. Amendments to the Employment Rights (Northern Ireland) Order 1996 3 1 The Employment Rights (Northern Ireland) Order 1996 is amended in accordance with paragraphs (2) to (7). 2 In Article 130 (fairness of dismissals: general)— a omit paragraphs (2)(ba), (2A) and (3A), and b in paragraph (4), for “In any other case where” substitute “Where”. 3 Omit Articles 130ZA to 130ZH (retirement dismissals) . 4 In Article 137 (redundancy), omit paragraph (7I) . 5 In Article 140(3) (qualifying period of employment), omit sub-paragraph (q) as inserted by the Employment Equality (Age) Regulations (Northern Ireland) 2006 . 6 In Article 146(5)(a) (remedies for unfair dismissal: orders for compensation), omit “130ZG or” . 7 In Article 154(1A)(a) (basic award in certain cases), omit “130ZG or” . Transitional provisions 4 1 The provisions mentioned in paragraph (2) continue to have effect in relation to the employment of a person as if regulations 2 and 3 had not been made where— a notification in respect of that employment has been given under paragraph 2 or 4 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 before the date on which these Regulations came into operation, and b that person has attained the age limit or will attain it before 1 st October 2011. 2 The provisions are— a Articles 130(2)(ba), (2A) and (3A), 130ZA to 130ZD, 130ZF to 130ZH, 137(7I), 146(5)(a) and 154(1A)(a) of the Employment Rights (Northern Ireland) Order 1996, b Article 140(3)(q) (as inserted by the Employment Equality (Age) Regulations (Northern Ireland) 2006) of the Employment Rights (Northern Ireland) Order 1996, c Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006, and d regulation 32 of those Regulations. 3 The age limit is whichever is the greater of— a the age of 65, and b the normal retirement age in the case of the employment concerned. 4 Despite this regulation— a an employer may not issue a notification under paragraph 2 or 4 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 on or after 6 th April 2011 in respect of the employment of a person to which this regulation applies, and b an employee may not make a request under paragraph 5 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 on or after 5 th January 2012 in respect of the employment to which this regulation applies. 5 In this regulation, “normal retirement age” has the meaning given in Article 130ZH of the Employment Rights (Northern Ireland) Order 1996. 6 This regulation does not apply to the employment of a person if Article 130ZE of the Employment Rights (Northern Ireland) Order 1996 would (but for regulation 3(3)) apply to a dismissal from that employment. 5 1 The provisions mentioned in paragraph (2) continue to have effect in relation to the employment of a person as if regulations 2(5) to (7) and 3 had not been made where— a notification in respect of that employment has been given under paragraph 2 or 4 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 before the date on which these Regulations came into operation, and b Article 130ZE of the Employment Rights (Northern Ireland) Order 1996 would (but for regulation 3(3)) apply to a dismissal from that employment. 2 The provisions are— a Articles 130(2)(ba), (2A) and (3A), 130ZE to 130ZH, 137(7I), 146(5)(a) and 154(1A)(a) of the Employment Rights (Northern Ireland) Order 1996, b Article 140(3)(q) (as inserted by the Employment Equality (Age) Regulations (Northern Ireland) 2006) of the Employment Rights (Northern Ireland) Order 1996, and c Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006. 6 Despite regulation 2(5), (6) and (7), paragraphs 9, 12 and 13 of Schedule 5 to the Employment Equality (Age) Regulations (Northern Ireland) 2006 (right of employee to be accompanied at meeting with employer) continue to have effect in a case where paragraph 9 of that Schedule applies immediately before the commencement of these Regulations. 7 Regulations 4 to 6 do not affect the general operation of section 28 of the Interpretation Act (Northern Ireland) 1954 . Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 24 March 2011 Tim Losty A senior officer of the Office of the First Minister and deputy First Minister