Statutory Rules of Northern Ireland

" "criminal proceedings" includes -

(a) which puts or would put persons of the same race or ethnic or national origins as that other at a particular disadvantage when compared with other persons;

(b) which puts that other at that disadvantage; and

(c) which he cannot show to be a proportionate means of achieving a legitimate aim.

    (1B) The provisions mentioned in paragraph (1A) are -

(a) Part II;

(b) Articles 18 and 19;

(c) Article 20A;

(d) Articles 21 to 24;

(e) Article 26;

(f) Article 72 ZA; and

(g) Part IV in its application to the provisions referred to in sub-paragraphs (a) to (f).

    (1C) Where, by virtue of paragraph (1A), a person discriminates against another, paragraph (1)(b) does not apply to him.".

(a) violating B's dignity, or

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

    (2) Conduct shall be regarded as having the effect specified in sub-paragraphs (a) and (b) of paragraph (1) only if, having regard to all the circumstances, including, in particular, the perception of B, it should reasonably be considered as having that effect.".

(a) to the termination of that person's employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms;

(b) to the termination of that person's employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer"; and

(d) in paragraph (5), after the words "an employer" insert ", on grounds other than those of race or ethnic or national origins,".

(a) Article 6(1) (a) or (c) does not apply to any employment,

(b) Article 6(2) (b) does not apply to promotion or transfer to, or training for, any employment, and

(c) Article 6(2)(c) does not apply to dismissal from any employment,

where paragraph (2) applies.

    (2) This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out -

(a) being of a particular race or of particular ethnic or national origins is a genuine and determining occupational requirement;

(b) it is proportionate to apply that requirement in the particular case, and -

(c) either -


(i) the person to whom that requirement is applied does not meet it, or

(ii) the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that the person meets it.".

(i) after the words "racial group", in the first place where they occur, insert ", or not of a particular race or particular ethnic or national origins,";

(ii) after the words "racial group" in the second place where they occur, insert "or of that race or those origins"; and

(iii) after the word "qualification" insert "or, as the case may be, that act would be lawful by virtue of Article 7A"; and

(b) after paragraph (3), insert -

" if the employee -

(a) does his work wholly or partly in Northern Ireland; or

(b) does his work wholly outside Northern Ireland and paragraph (1A) applies.".

(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 that 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.".

(a) to the termination of that person's partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and

(b) to the termination of that person's partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.".

(a) a person who applies for admission to the establishment as a pupil; or

(b) a pupil at the establishment.".

(a) to discriminate against a person on the grounds of race or ethnic or national origins, or

(b) to subject a person to harassment

in the course of carrying out any functions of the authority which consist of the provision of:

(i) any form of social security;

(ii) healthcare;

(iii) any other form of social protection, or

(iv) any form of social advantage,



which does not fall within Article 21.

    (2) In this Article "public authority":

(a) includes any person certain of whose functions are functions of a public nature; but

(b) does not include any person mentioned in paragraph (3).

    (3) The persons mentioned in this paragraph are -

(a) either House of Parliament;

(b) a person exercising functions in connection with proceedings in Parliament;

(c) the Assembly;

(d) a person exercising functions in connection with proceedings in the Assembly;

(e) the Security Service;

(f) the Secret Intelligence Service;

(g) the Government Communications Headquarters; and

(h) any unit or part of a unit of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

    (4) In relation to a particular act, a person is not a public authority by virtue only of paragraph (2)(a) if the nature of the act is private.

    (5) This Article is subject to Articles 20B to 20D.

    (6) Nothing in this Article makes unlawful any act of discrimination on the grounds of race or ethnic or national origins, or harassment, which -

(a) is made unlawful by virtue of any other provision of this Order; or

(b) would be so made but for any provision made by or under this Order.

(a) a person who seeks to obtain or use those goods, facilities or services, or

(b) a person to whom he provides those goods, facilities or services.".

" (a) discriminate against a person by withholding the licence or consent for the disposal of the premises to him, or

(b) in relation to such a licence or consent, to subject to harassment a person who applies for such a licence or consent, or from whom the licence or consent is withheld.".

(a) an act of discrimination by one party to the relationship ("the relevant party") against another party to the relationship, on grounds of race or ethnic or national origins, or

(b) harassment of another party to the relationship by the relevant party,

is unlawful.

    (2) Where a relevant relationship has come to an end it is unlawful for the relevant party -

(a) to discriminate against another party, on grounds of race or ethnic or national origins, by subjecting him to a detriment, or

(b) to subject another party to harassment,

where the discrimination or harassment arises out of and is closely connected to that relationship.

    (3) In paragraph (1) reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before 19th July 2003, reference to such an act which would, after that date, be unlawful.

    (4) For the purposes of any proceedings in respect of an unlawful act under paragraph (2) that act shall be treated as falling within circumstances relevant for the purposes of such of the provisions or Parts referred to in paragraph (1) as determine most closely the nature of the relevant relationship.".

(a) the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of Part II or III taken with Article 3(1)(b), or which would be likely to result in such an act of discrimination if the persons to whom it is applied included persons of any particular racial group as regards which there has been no occasion for applying it, or

(b) the application of a provision, criterion or practice which results in an act of discrimination which is unlawful by virtue of any provision referred to in Article 3(1B), taken with Article 3(1A), or which would be likely to result in such an act of discrimination, if the person to whom it is applied included persons of any particular race or of any particular ethnic or national origins, as regards which there has been no occasion for applying it.".

" (a) in pursuance of any statutory provision; or

(b) in order to comply with any requirement imposed by a Minister of the Crown, a Northern Ireland Minister (including the First Minister and deputy First Minister) or government department by virtue of any statutory provision; or

(c) in pursuance of any arrangements made by or with the approval of, or for the time being approved by, a Minister of the Crown, a Northern Ireland Minister (including the First Minister and deputy First Minister) or government department; or

(d) in order to comply with any condition imposed by a Minister of the Crown, a Northern Ireland Minister (including the First Minister or deputy First Minister) or government department.".

(a) has committed an act of discrimination, on grounds of race or ethnic or national origins, which is unlawful by virtue of any provision referred to in Article 3(1B) (a), (e) or (f), or Part IV in its application to those provisions, or

(b) has committed an act of harassment.

    (2) Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this Article, conclude in the absence of an adequate explanation that the respondent -

(a) has committed such an act of discrimination or harassment against the complainant,

(b) is by virtue of Article 32 or 33 to be treated as having committed such an act of discrimination or harassment against the complainant,

the tribunal shall uphold the complaint unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed, that act.".

(a) the act to which the claim relates was done in the taking by an immigration authority of a relevant decision and the question whether that act was unlawful by virtue of Article 20A has been or could be raised in proceedings on an appeal which is pending, or could be brought, under the 1997 Act or Part 5 of the 2002 Act; or

(b) it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that Article.

    (2) For the purposes of this Article an immigration claim is a claim that a person -

(a) has committed a relevant act of discrimination against the claimant which is unlawful by virtue of Article 20A; or

(b) is by virtue of Article 32 or 33 to be treated as having committed such an act of discrimination against the claimant.

    (3) Where it has been decided in relevant immigration proceedings that an act to which an immigration claim relates was unlawful by virtue of Article 20A, any court hearing that claim under Article 54 shall treat that act as an act which is unlawful by virtue of Article 20A for the purposes of the proceedings before it.

    (4) No relevant decision of an immigration authority involving an act to which an immigration claim relates and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision of a court hearing the immigration claim under Article 54.

    (5) In this Article -

"the Immigration Acts" has the meaning given by section 158 of the 2002 Act;

"immigration appellate body" means an adjudicator appointed for the purposes of Part 5 of the 2002 Act, the Immigration Appeal Tribunal, the Special Immigration Appeals Commission, the Court of Appeal, the Court of Session or the House of Lords;

(a) has committed an act of discrimination, on grounds of race or ethnic or national origins which is unlawful by virtue of any provision referred to in Article 3(1B)(b) to (d), or Part IV in its application to those provisions, or

(b) has committed an act of harassment.

    (2) Where, on the hearing of the claim, the claimant proves facts from which the court could, apart from this Article, conclude in the absence of an adequate explanation that the respondent -

(a) has committed such an act of discrimination or harassment against the claimant, or

(b) is by virtue of Article 32 or 33 to be treated as having committed such an act of discrimination or harassment against the claimant,

the court shall uphold the claim unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed that act.".

" (c) a finding under the Special Immigration Appeals Commission Act 1997 or Part 5 of the Nationality, Immigration and Asylum Act 2002 that he has done an act which was unlawful by virtue of Article 20A.".

(a) in relation to proceedings under the Act of 1997, rules under that Act;

(b) in relation to proceedings under Part 5 of the Act of 2002, rules under that Act.".

(a) any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract;

(b) any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment;

(c) any rule made by an organisation to which Article 13 (trade organisations) applies, or by a body to which Article 14 (qualifying bodies) applies, for application to -


(i) all or any of its members or prospective members; or

(ii) all or any of the persons on whom it has conferred authorisations or qualifications or who are seeking the authorisations or qualifications which it has power to confer.

    (2) Any term or rule to which this Article applies is void where -

(a) the making of the collective agreement is, by reason of the inclusion of the term, unlawful on grounds of race or ethnic or national origins, by virtue of a provision referred to in Article 3(1B);

(b) the term or rule is included or made in furtherance of an act which is unlawful on such grounds by virtue of such a provision; or

(c) the term or rule provides for the doing of such an act.

(a) in the arrangements which he makes for the purpose of determining to whom the appointment should be offered;

(b) in the terms on which he offers him the appointment; or

(c) by refusing to offer him the appointment.

    (2) It is unlawful, in relation to an appointment to an office or post to which this Article applies and which is an office or post referred to in paragraph (8)(b), for a relevant person on whose recommendation (or subject to whose approval) appointments to the office or post are made, to discriminate against a person on the grounds of race or ethnic or national origins -

(a) in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or

(b) in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.

    (3) It is unlawful for a relevant person, in relation to a person who has been appointed to an office or post to which this Article applies, to discriminate against him on grounds of race or ethnic or national origins -

(a) in the terms of the appointment;

(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;

(c) by terminating the appointment; or

(d) by subjecting him to any other detriment in relation to the appointment.

    (4) It is unlawful for a relevant person, in relation to an office or post to which this Article applies, to subject to harassment a person -

(a) who has been appointed to the office or post;

(b) who is seeking or being considered for appointment to the office or post; or

(c) who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post referred to in paragraph (8)(b).

    (5) Paragraphs (1) and (3) do not apply to any act in relation to an office or post where, if the office or post constituted employment, that act would be lawful by virtue of Article 7A (exception for genuine occupational requirement); and paragraph (2) does not apply to any act in relation to an office or post where, if the office or post constituted employment, it would be lawful by virtue of Article 7A to refuse to offer the person such employment.

    (6) Paragraph (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the person appointed belongs, unless -

(a) that provision differs in a material respect from the provision of the benefits by the relevant person to persons appointed to offices or posts which are the same as, or not materially different from, that which the person appointed holds; or

(b) the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or

(c) the benefits relate to training.

    (7) In paragraph (3)(c) the reference to the termination of the appointment includes a reference -

(a) to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions; and

(b) to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment without notice by reason of the conduct of the relevant person.

    (8) This Article applies to -

(a) any office or post to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration; and

(b) any office or post to which appointments are made by (or on the recommendation of or subject to the approval of) a Minister of the Crown, a Northern Ireland Minister (including the First Minister and deputy First Minister) or a government department,

but not a political office or a case where Article 6 (applicants and employees), 9 (contract workers), 12 (partnerships) or 26 (barristers) applies, or would apply but for the operation of any other provision of this Order.

    (9) For the purposes of paragraph (8)(a) the holder of an office or post -

(a) is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;

(b) is not to be regarded as entitled to remuneration merely because he is entitled to payments -


(i) in respect of expenses incurred by him in carrying out the functions of the office or post, or

(ii) by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.

    (10) In this Article -