Sex Discrimination (Northern Ireland) Order 1976

• Citation: S.I. 1976/1042 (N.I.)
• Sections: 114

Section 1 Title and commencement

(1) This Order may be cited as the Sex Discrimination (Northern Ireland) Order 1976.

Para.(2)—Commencement

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“access” shall be construed in accordance with Article 51;

“act” includes a deliberate omission;

“advertisement” includes every form of advertisement, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films, or in any other way, and references to the publishing of advertisements shall be construed accordingly;

“associated employer” shall be construed in accordance with paragraph (3);

“the Commission” means the Equality Commission for Northern Ireland ;

“Commissioner” means a member of the Commission;

“designate” shall be construed in accordance with paragraph (4);

references in Parts III and IV to subjecting a person to a detriment do not include subjecting a person to harassment;

“discrimination” and related terms shall be construed in accordance with paragraph (7);

“dispose”, in relation to premises, includes granting a right to occupy the premises, and any reference to acquiring premises shall be construed accordingly;

“education” includes any form of training or instruction;

...

“employment” means employment under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;

“employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;

“enactment” includes an enactment contained in an Act of Parliament or in an Act of the Parliament of Northern Ireland or a Measure or an Order in Council having the same effect as such an Act or a Measure;

“equality clause” has the meaning given in section 1(2) of the Equal Pay Act;

“the Equal Pay Act” means the Equal Pay Act (Northern Ireland) 1970 ;

“estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises;

“ excluded matter ” shall be construed in accordance with paragraph (8);

“final” shall be construed in accordance with paragraph (5);

“firm” has the meaning given by section 4 of the Partnership Act 1890 ;

“formal investigation” means an investigation under Article 57;

“further education” includes such education within the meaning of Article 3 of the Further Education (Northern Ireland) Order 1997 ;

“gender reassignment” means a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process;

“general notice”, in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

“genuine occupational qualification” shall be construed in accordance with Article 10(2) , except in the expression “supplementary genuine occupational qualification”, which shall be construed in accordance with Article 10B(2);

“government department” includes a department of the Government of the United Kingdom;

“grant-aided” in relation to an educational establishment has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 ;

references to subjecting a person to harassment, and to acts of harassment, shall be construed in accordance with Article 6A;

“independent school” has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 ;

Definition rep. 1984 NI 9

Definition rep. 1998 c. 47

“man” includes a male of any age;

“near relative” shall be construed in accordance with paragraph (6);

“non-discrimination notice” means a notice under Article 67;

“Northern Ireland” includes such of the territorial waters of the United Kingdom as are adjacent to Northern Ireland;

“notice” means a notice in writing;

“prescribed”, except in relation to anything required or permitted to be prescribed by order or county court rules, means prescribed by regulations made by the Department of Manpower Services;

“profession” includes any vocation or occupation;

“proprietor”, in relation to any school, has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 ;

...

“retirement” includes retirement (whether voluntary or not) on grounds of age, length of service or incapacity;

“school” has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 ;

“statutory provision” has the meaning given by section 1( f ) of the Interpretation Act (Northern Ireland) 1954 ;

“trade” includes any business;

“training” includes any form of education or instruction;

“upper limit of compulsory school age” means, subject to paragraph (2) of Article 46 of the Education and Libraries (Northern Ireland) Order 1986 , the age that is that limit by virtue of paragraph (1) of that Article;

“vocational training”

means all types, and all levels of—

vocational training, advanced vocational training and retraining, and

vocational guidance, and

includes practical work experience undertaken for a limited period for the purposes of a person's vocational training (as defined by sub-paragraph(a));

“woman” includes a female of any age.

(2A) In this Order references to the dismissal of a person from employment or to the expulsion of a person from a position as partner include references—

(a) to the termination of that person's employment or 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 employment or partnership is renewed on the same terms; and

(b) to the termination of that person's employment or 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 employer or, as the case may be, the conduct of the other partners.

(3) For the purposes of this Order two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control or if both are companies of which a third person (directly or indirectly) has control.

(4) Any power conferred by this Order to designate establishments or persons may be exercised either by naming them or by identifying them by reference to a class or other description.

(5) For the purposes of this Order a non-discrimination notice or a finding by a court or tribunal becomes final when an appeal against the notice or finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; and for this purpose an appeal against a non-discrimination notice shall be taken to be dismissed if, notwithstanding that a requirement of the notice is quashed on appeal, a direction is given in respect of it under Article 68(3).

(6) For the purposes of this Order a person is a near relative of another if that person is the wife or husband or civil partner , a parent or child, a grandparent or grandchild, or a brother or sister of the other (whether of full blood or half-blood or by marriage or civil partnership) , and “child” includes an illegitimate child and the wife or husband or civil partner of a child.

(7) In this Order—

(a) references to discrimination refer to any discrimination falling within Articles 3 to 6; and

(b) references to sex discrimination refer to any discrimination falling within Article 3, 3A 4 , 5A or 5B ,

and related expressions shall be construed accordingly.

(8) In this Order, references to an excluded matter must be construed in accordance with Article 36ZA.

Section 3 Direct discrimination on the ground of sex

In any circumstances relevant for the purposes of any provision of this Order, a person (“A”) discriminates against another (“B”) if, on the ground of sex, A treats B less favourably than A treats or would treat another person.

Section 3A Indirect discrimination on the ground of sex

(1) In any circumstances relevant for the purposes of any provision of this Order, a person (“A”) discriminates against another person (“B”) if A applies to B a provision, criterion or practice which is discriminatory in relation to B’s sex.

(2) For the purposes of paragraph (1), a provision, criterion or practice is discriminatory in relation to B’s sex, if –

(a) A applies, or would apply, it to persons of a different sex,

(b) it puts, or would put, persons of the same sex as B at a particular disadvantage when compared with persons of a different sex,

(c) it puts, or would put, B at that disadvantage, and

(d) A cannot show it to be a proportionate means of achieving a legitimate aim.

Section 4 Sex discrimination against men

(1) ...The provisions of Parts III and IV relating to sex discrimination against women, are to be read as applying equally to the treatment of men, and for that purpose shall have effect with such modifications as are requisite.

(2) In the application of paragraph (1) and Articles 3 and 3A, no account shall be taken of special treatment afforded to women in connection with pregnancy or childbirth.

Section 4A Direct discrimination on the grounds of gender reassignment

(1) A person ("A") discriminates against another person ("B") in any circumstances relevant for the purposes of—

(a) any provision of Part III; . . .

(aa) Article 30, 31 or 32, except in so far as it relates to an excluded matter, or

(b) any provision of Part IV, so far as it applies to vocational training, if A treats B less favourably than A treats or would treat other persons, and does so on the ground that B intends to undergo, is undergoing or has undergone gender reassignment.

(2) Paragraph (3) applies to arrangements made by any person in relation to another's absence from work or from vocational training.

(3) For the purposes of paragraph (1), B is treated less favourably than others under such arrangements if, in the application of the arrangements to any absence due to B undergoing gender reassignment—

(a) B is treated less favourably than B would be if the absence was due to sickness or injury; or

(b) B is treated less favourably than B would be if the absence was due to some other cause and, having regard to the circumstances of the case, it is reasonable for B to be treated no less favourably.

(4) In paragraphs (2) and (3) "arrangements" includes terms, conditions or arrangements on which employment or vocational training is offered.

(5) For the purposes of paragraph (1), a provision mentioned in that paragraph framed with reference to discrimination against women shall be treated as applying equally to the treatment of men with such modifications as are requisite.

Section 4B Indirect discrimination on the ground of gender reassignment

(1) A person (“A”) discriminates against another person (“B”) in any circumstances relevant for the purposes of —

(a) any provision of Part 3; or

(b) any provision of Part 4, so far as it applies to vocational training,

if A applies to B a provision, criterion or practice which is discriminatory in relation to B’s gender reassignment.

(2) For the purposes of paragraph (1), a provision, criterion or practice is discriminatory in relation to B’s gender reassignment if—

(a) A applies, or would apply, it to persons who do not intend to undergo, are not undergoing or have not undergone gender reassignment;

(b) it puts, or would put, persons who intend to undergo, are undergoing or have undergone gender reassignment at a particular disadvantage when compared with persons who do not intend to undergo, are not undergoing or have not undergone gender reassignment;

(c) it puts, or would put, B at that disadvantage; and

(d) A cannot show it to be a proportionate means of achieving a legitimate aim.

Section 5 Discrimination against married persons and civil partners in employment field

(1) In any circumstances relevant for the purposes of any provision of Part 3, a person discriminates against a person ("A") who fulfils the condition in paragraph (2) if—

(a) on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or

(b) he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—

(i) which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and

(ii) which puts , or would put, A at that disadvantage, and

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

(2) The condition is that the person is—

(a) married, or

(b) a civil partner.

(3) For the purposes of paragraph (1), a provision of Part 3 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.

Section 5A Discrimination on the ground of pregnancy or maternity leave

(1) In any circumstances relevant for the purposes of a provision to which this paragraph applies, a person discriminates against a woman if—

(a) at a time in a protected period, and on the ground of the woman's pregnancy, the person treats her less favourably . . . ; or

(b) on the ground that the woman is exercising or seeking to exercise, or has exercised or sought to exercise, a statutory right to maternity leave, the person treats her less favourably . . . .

(2) In any circumstances relevant for the purposes of a provision to which this paragraph applies, a person discriminates against a woman if, on the ground that Article 104(1) of the Employment Rights (Northern Ireland) Order 1996 (compulsory maternity leave) has to be complied with in respect of the woman, he treats her less favourably . . . .

(3) For the purposes of paragraph (1)—

(a) in relation to a woman a protected period begins each time she becomes pregnant, and the protected period associated with any particular pregnancy of hers ends in accordance with the following rules—

(i) if she is entitled to ordinary but not additional maternity leave in connection with the pregnancy, the protected period ends at the end of her period of ordinary maternity leave connected with the pregnancy or, if earlier, when she returns to work after the end of her pregnancy;

(ii) if she is entitled to ordinary and additional maternity leave in connection with the pregnancy, the protected period ends at the end of her period of additional maternity leave connected with the pregnancy or, if earlier, when she returns to work after the end of her pregnancy;

(iii) if she is not entitled to ordinary maternity leave in respect of the pregnancy, the protected period ends at the end of the 2 weeks beginning with the end of the pregnancy;

(b) where a person's treatment of a woman is on grounds of illness suffered by the woman as a consequence of a pregnancy of hers, that treatment is to be taken to be on the ground of the pregnancy;

(c) a “statutory right to maternity leave” means a right conferred by Article 103(1) or 105(1) of the Employment Rights (Northern Ireland) Order 1996 (ordinary and additional maternity leave).

(4) In paragraph 3 “ordinary maternity leave” and “additional maternity leave” shall be construed in accordance with Articles 103 and 105 of the Employment Rights (Northern Ireland) Order 1996.

(5) Paragraphs (1) and (2) apply to—

(a) any provision of Part III, and

(b) any provision of Part IV, so far as it applies to vocational training.

Section 5B Discrimination on the ground of pregnancy or maternity: goods, facilities, services or premises

(1) In any circumstances relevant for the purposes of a provision to which this paragraph applies, a person discriminates against a woman if he treats her less favourably—

(a) on the ground of her pregnancy, or

(b) within the period of 26 weeks beginning on the day on which she gives birth, on the ground that she has given birth.

(2) A person (P) is taken to discriminate against a woman on the ground of her pregnancy if—

(a) P refuses to provide her with goods, facilities or services because P thinks that providing them would, because of her pregnancy, create a risk to her health or safety, or

(b) P provides or offers to provide them on conditions intended to remove or reduce such a risk because P thinks that provision of them without the conditions would create such a risk.

(3) Paragraph (2) does not apply if—

(a) it is reasonable for P to think as mentioned in paragraph (2)(a) or (b), and

(b) P applies an equivalent policy.

(4) An equivalent policy is—

(a) for the purposes of paragraph (2)(a), refusing to provide the goods, facilities or services to persons with other physical conditions because P thinks that to do so would, because of such physical conditions, create a risk to the health or safety of such persons;

(b) for the purposes of paragraph (2)(b), imposing conditions on the provision of goods, facilities or services to such persons which are intended to remove or reduce the risk to their health or safety because P thinks that the provision without the conditions would create such a risk.

(5) Paragraph (1) applies to Articles 30 to 32, except in so far as they relate to an excluded matter.

Section 6 Discrimination by way of victimisation

(1) A person ( “the discriminator”) discriminates against another person ( “the person victimised”) in any circumstances relevant for the purposes of any provision of this Order if he treats the person victimised less favourably than in those circumstances he treats or would treat other persons, and does so by reason that the person victimised has—

(a) brought proceedings against the discriminator or any other person under this Order or the Equal Pay Act or Articles 62 to 65 of the Pensions (Northern Ireland) Order 1995 , or

(b) given evidence or information in connection with proceedings brought by any person against the discriminator or any other person under this Order or the Equal Pay Act or Articles 62 to 65 of the Pensions (Northern Ireland) Order 1995 , or

(c) otherwise done anything under or by reference to this Order or the Equal Pay Act or Articles 62 to 65 of the Pensions (Northern Ireland) Order 1995 in relation to the discriminator or any other person, or

(d) alleged that the discriminator or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of this Order or give rise to a claim under the Equal Pay Act or under Articles 62 to 65 of the Pensions (Northern Ireland) Order 1995 ,

or by reason that the discriminator knows the person victimised intends to do any of those things, or suspects the person victimised has done, or intends to do, any of them.

(2) Paragraph (1) does not apply to treatment of a person by reason of any allegation made by him if the allegation was false and not made in good faith.

(3) For the purposes of paragraph (1), a provision of Part III or IV framed with reference to discrimination against women shall be treated as applying equally to the treatment of men and for that purpose shall have effect with such modifications as are requisite.

Section 6A Harassment, including sexual harassment

(1) For the purposes of this Order, a person subjects a woman to harassment if—

(a) he engages in unwanted conduct that is related to her sex or that of another person and has the purpose or effect—

(i) of violating her dignity, or

(ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for her,

(b) he engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect—

(i) of violating her dignity, or

(ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for her, or

(c) on the ground of her rejection of or submission to unwanted conduct of a kind mentioned in sub-paragraph (a) or (b), he treats her less favourably than he would treat her had she not rejected, or submitted to, the conduct.

(2) Conduct shall be regarded as having the effect mentioned in paragraph (1) (a) or (b) only if, having regard to all the circumstances, including in particular the perception of the woman, it should reasonably be considered as having that effect.

(3) For the purposes of this Order, a person ( “A”) subjects another person ( “B”) to harassment if—

(a) A, on the ground that B intends to undergo, is undergoing or has undergone gender reassignment, engages in unwanted conduct that has the purpose or effect—

(i) of violating B's dignity, or

(ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for B;

(b) A, on the ground of B's rejection of or submission to unwanted conduct of a kind mentioned in sub-paragraph (a), treats B less favourably than A would treat B had B not rejected, or submitted to, the conduct.

(4) Conduct shall be regarded as having the effect mentioned in paragraph (3)(a) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.

(5) Paragraph (1) is to be read as applying equally to the harassment of men, and for that purpose shall have effect with such modifications as are requisite.

(6) For the purposes of paragraphs (1) and (3), a provision of Part III or IV framed with reference to harassment of women shall be treated as applying equally to the harassment of men and for that purpose will have effect with such modifications as are requisite.

Section 7 Basis of comparison

Each of the following comparisons, that is—

(aa) a comparison of the cases of persons required for the purposes of Article 3,

(a) a comparison of the cases of persons of different sex under Article 3A ,

(b) a comparison of the cases of persons required for the purposes of Article 4A or 4B , and

(c) a comparison of the cases of persons who do and who do not fulfil the condition in Article 5(2),

must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

Section 8 Applicants and employees

(1) It is unlawful for a person, in relation to employment by him at an establishment in Northern Ireland, to discriminate against a woman—

(a) in the arrangements he makes for the purpose of determining who should be offered that employment, or

(b) in the terms on which he offers her that employment, or

(c) by refusing or deliberately omitting to offer her that employment.

(2) It is unlawful for a person, in the case of a woman employed by him at an establishment in Northern Ireland, to discriminate against her—

(a) in the way he affords her access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(b) by dismissing her, or subjecting her to any other detriment.

(2A) It is unlawful for an employer, in relation to employment by him at an establishment in Northern Ireland, to subject to harassment—

(a) a woman whom he employs, or

(b) a woman who has applied to him for employment.

(2B) For the purposes of paragraph (2A), the circumstances in which an employer is to be treated as subjecting a woman to harassment shall include those where—

(a) a third party subjects the woman to harassment in the course of her employment, and

(b) the employer has failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.

(2C) Paragraph (2B) does not apply unless the employer knows that the woman has been subject to harassment in the course of her employment on at least two other occasions by a third party.

(2D) In paragraphs (2B) and (2C), “ third party ” means a person other than—

(a) the employer, or

(b) a person whom the employer employs,

and for the purposes of those paragraphs it is immaterial whether the third party is the same or a different person on each occasion.

Para. (3) rep. by 1988 NI 13

(4) Paragraphs (1)(b) and (2) do not render it unlawful for a person to discriminate against a woman in relation to her membership of, or rights under, an occupational pension scheme in such a way that, were any term of the scheme to provide for discrimination in that way, then, by reason only of any provision made by or under Articles 62 to 64 of the Pensions (Northern Ireland) Order 1995 (equal treatment), an equal treatment rule would not operate in relation to that term.

(4A) In paragraph (4), “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 and “equal treatment rule” has the meaning given by Article 62 of the Pensions (Northern Ireland) Order 1995.

(5) Subject to Article 11(3), paragraph (1)( b ) does not apply to any provision for the payment of money which, if the woman in question were given the employment, would be included (directly . . . or otherwise) in the contract under which she was employed.

(6) Paragraph (2) does not apply to benefits consisting of the payment of money when the provision of those benefits is regulated by the woman's contract of employment.

(7) Paragraph (2) does not apply to benefits, facilities or services of any description if the employer is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public comprising the woman in question, unless—

(a) that provision differs in a material respect from the provision of the benefits, facilities or services by the employer to his employees, or

(b) the provision of the benefits, facilities or services to the woman in question is regulated by her contract of employment, or

(c) the benefits, facilities or services relate to training.

(8) In its application to any discrimination falling within Article 4A or 4B , this Article shall have effect with the omission of paragraphs (4) to (6).

Section 8A Exception relating to terms and conditions during maternity leave

(1) Subject to paragraph (2), Article 8(1)(b) and (2) does not make it unlawful to deprive a woman who is on maternity leave of any benefit from the terms and conditions of her employment relating to remuneration.

(2) The reference in paragraph (1) to benefit from the terms and conditions of a woman's employment relating to remuneration does not include a reference to—

(a) maternity-related remuneration (including maternity-related remuneration that is increase-related),

(b) remuneration (including increase-related remuneration) in respect of times when the woman is not on maternity leave, or

(c) remuneration by way of bonus in respect of times when a woman is on compulsory maternity leave.

(3) For the purposes of paragraph (2), remuneration is increase-related so far as it falls to be calculated by reference to increases in remuneration that the woman would have received had she not been on maternity leave.

(4) In this Article—

“ maternity-related remuneration ”, in relation to a woman, means remuneration to which she is entitled as a result of being pregnant or being on maternity leave;

“ on compulsory maternity leave ” means absent from work in consequence of the prohibition in Article 104(1) of the Employment Rights (Northern Ireland) Order 1996;

“ on maternity leave ” means—

(a) on compulsory maternity leave,

(b) absent from work in exercise of the right conferred by Article 103(1) of the Employment Rights (Northern Ireland) Order 1996 (ordinary maternity leave), or

(c) absent from work in exercise of the right conferred by Article 105(1) of that Order (additional maternity leave); and

“ remuneration ” means benefits—

(a) that consist of the payment of money to an employee by way of wages or salary, and

(b) that are not benefits whose provision is regulated by the employee's contract of employment.

Section 9 Persons with statutory power to select employees for others

(1) It is unlawful for a person who is empowered by virtue of a statutory provision to select or nominate another person for employment by a third person to discriminate against a person—

(a) by refusing or deliberately omitting to select or nominate him for employment, or

(b) where candidates are selected or nominated in order of preference, by selecting or nominating him lower in order than any other who is selected or nominated.

(2) It is unlawful for a person who is empowered by virtue of a statutory provision to select or nominate another person for employment by a third person to subject that other to harassment.

Section 10 Exception where sex is a genuine occupational qualification

(1) In relation to sex discrimination—

(a) Article 8(1)( a ) or ( c ) does not apply to any employment where being a man is a genuine occupational qualification for the job, and

(b) Article 8(2)( a ) does not apply to opportunities for promotion or transfer to, or training for, such employment.

(2) Being a man is a genuine occupational qualification for a job only where—

(a) the essential nature of the job calls for a man for reasons of physiology (excluding physical strength or stamina) or, in dramatic performances or other entertainment, for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a woman; or

(b) the job needs to be held by a man to preserve decency or privacy because—

(i) it is likely to involve physical contact with men in circumstances where they might reasonably object to its being carried out by a woman, or

(ii) the holder of the job is likely to do his work in circumstances where men might reasonably object to the presence of a woman because they are in a state of undress or are using sanitary facilities; or

(bb) the job is likely to involve the holder of the job doing his work, or living, in a private home and needs to be held by a man because objection might reasonably be taken to allowing to a woman—

(i) the degree of physical or social contact with a person living in the home, or

(ii) the knowledge of intimate details of such a person's life,

which is likely, because of the nature or circumstances of the job or of the home, to be allowed to, or available to, the holder of the job; or

(c) the nature or location of the establishment makes it impracticable for the holder of the job to live elsewhere than in premises provided by the employer, and—

(i) the only such premises which are available for persons holding that kind of job are lived in, or normally lived in, by men and are not equipped with separate sleeping accommodation for women and sanitary facilities which could be used by women in privacy from men, and

(ii) it is not reasonable to expect the employer either to equip those premises with such accommodation and facilities or to provide other premises for women; or

(d) the nature of the establishment, or of the part of it within which the work is done, requires the job to be held by a man because—

(i) it is, or is part of, a hospital, prison or other establishment for persons requiring special supervision, attention or care, and

(ii) those persons are all men (disregarding any woman whose presence is exceptional), and

(iii) it is reasonable, having regard to the essential character of the establishment or that part, that the job should not be held by a woman; or

(e) the holder of the job provides individuals with personal services promoting their welfare or education, or similar personal services, and those services can most effectively be provided by a man, or

Sub‐para. (f) rep. by 1990 NI 2

(g) the job needs to be held by a man because it is likely to involve the performance of duties outside the United Kingdom in a country whose laws or customs are such that the duties could not, or could not effectively, be performed by a woman, or

(h) the job is one of two to be held

(i) by a married couple,

(ii) by a couple who are civil partners of each other, or

(iii) by a married couple or a couple who are civil partners of each other

.

(3) Paragraph (2) applies where some only of the duties of the job fall within sub-paragraphs ( a ) to ( g ) as well as where all of them do.

(4) Sub-paragraph ( a ), ( b ), ( c ), ( d ), ( e ) . . . or ( g ) of paragraph (2) does not apply in relation to the filling of a vacancy at a time when the employer already has male employees—

(a) who are capable of carrying out the duties falling within that paragraph, and

(b) whom it would be reasonable to employ on those duties, and

(c) whose numbers are sufficient to meet the employer's likely requirements in respect of those duties without undue inconvenience.

Section 10A Corresponding exception relating to gender reassignment

(1) In their application to discrimination falling within Article 4A or 4B , paragraphs (1) and (2) of Article 8 do not make unlawful an employer's treatment of another person if—

(a) in relation to the employment in question—

(i) being a man is a genuine occupational qualification for the job; or

(ii) being a woman is a genuine occupational qualification for the job; and

(b) the employer can show that the treatment is reasonable in view of the circumstances described in the relevant sub-paragraph of Article 10(2) and any other relevant circumstances.

(2) In paragraph (1) the reference to the employment in question is a reference—

(a) in relation to any sub-paragraph of Article 8(1), to the employment mentioned in that sub-paragraph;

(b) in relation to Article 8(2)—

(i) in its application to opportunities for promotion or transfer to any employment or for training for any employment, to that employment;

(ii) otherwise, to the employment in which the person discriminated against is employed or from which that person is dismissed.

(3) In determining for the purposes of paragraph (1) whether being a man or being a women is a genuine occupational qualification for a job, Article 10(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy.

(4) Paragraph (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

Section 10B Supplementary exceptions relating to gender reassignment

(1) In relation to discrimination falling within Article 4A or 4B —

(a) Article 8(1)(a) or (c) does not apply to any employment where there is a supplementary genuine occupational qualification for the job;

(b) Article 8(2)(a) does not apply to a refusal or deliberate omission to afford access to opportunities for promotion or transfer to or training for such employment; and

(c) Article 8(2)(b) does not apply to dismissing an employee from, or otherwise not allowing him to continue in, such employment.

(2) Subject to paragraph (3), there is a supplementary genuine occupational qualification for a job only if—

(a) the job involves the holder of the job being liable to be called upon to perform intimate physical searches pursuant to statutory powers;

(b) the job is likely to involve the holder of the job doing his work, or living, in a private home and needs to be held otherwise than by a person who is undergoing or has undergone gender reassignment, because objection might reasonably be taken to allowing to such a person—

(i) the degree of physical or social contact with a person living in the home, or

(ii) the knowledge of intimate details of such a person's life, which is likely, because of the nature or circumstances of the job or of the home, to be allowed to, or available to, the holder of the job;

(c) the nature or location of the establishment makes it impracticable for the holder of the job to live elsewhere than in premises provided by the employer, and—

(i) the only such premises which are available for persons holding that kind of job are such that reasonable objection could be taken, for the purpose of preserving decency and privacy, to the holder of the job sharing accommodation and facilities with either sex whilst undergoing gender reassignment, and

(ii) it is not reasonable to expect the employer either to equip those premises with suitable accommodation or to make alternative arrangements; or

(d) the holder of the job provides vulnerable individuals with personal services promoting their welfare, or similar personal services, and in the reasonable view of the employer those services cannot be effectively provided by a person whilst that person is undergoing gender reassignment.

(3) Paragraph (2) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

(4) Sub-paragraph (a) of paragraph (2) does not apply in relation to the filling of a vacancy at a time when the employer already has employees falling within paragraph 5—

(a) who are capable of carrying out the duties falling within that paragraph, and

(b) whom it would be reasonable to employ on those duties, and

(c) whose numbers are sufficient to meet the employer's likely requirements in respect of those duties without undue inconvenience.

(5) An employee falls within this paragraph if the employee does not intend to undergo and is not undergoing gender reassignment and either—

(a) the employee has not undergone gender reassignment; or

(b) the employee's gender has become the acquired gender under the Gender Recognition Act 2004

Section 11 Equal Pay Act (Northern Ireland) 1970

Para.(1) substitutes s. 1(1)‐(3) of 1970 c.32 (NI)

(2) Section 1(1) of the Equal Pay Act (as set out in paragraph (1)) does not apply in determining for the purposes of Article 8(1)( b ) the terms on which employment is offered.

(3) Where a person offers a woman employment on certain terms, and if she accepted the offer then, by virtue of an equality clause, any of those terms would fall to be modified, or any additional term would fall to be included, the offer shall be taken to contravene Article 8(1)( b ).

(4) Where a person offers a woman employment on certain terms, and paragraph (3) would apply but for the fact that, on her acceptance of the offer, section 1(3) of the Equal Pay Act (as set out in paragraph (1)) would prevent the equality clause from operating, the offer shall be taken not to contravene Article 8(1)( b ).

(5) An act does not contravene Article 8(2) if—

(a) it contravenes a term modified or included by virtue of an equality clause, or

(b) it would contravene such a term but for the fact that the equality clause is prevented from operating by section 1(3) of the Equal Pay Act.

Para.(6), with Schedule 1, effects amendments

(7) In its application to any discrimination falling within Article 4A or 4B , this Article shall have effect with the omission of paragraphs (3), (4) and (5)(b).

Section 12 Contract workers

(1) This Article applies to any work at an establishment in Northern Ireland, for a person ( “the principal”) which is available for doing by individuals ( “contract workers”) who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal.

(2) It is unlawful for the principal, in relation to work to which this Article applies, to discriminate against a woman who is a contract worker—

(a) in the terms on which he allows her to do that work, or

(b) by not allowing her to do it or continue to do it, or

(c) in the way he affords her access to any benefits, facilities or services or by refusing or deliberately omitting to afford her access to them, or

(d) by subjecting her to any other detriment.

(2A) It is unlawful for a principal, in relation to contract work at an establishment in Northern Ireland, to subject a contract worker to harassment.

(3) Subject to paragraph (3A), the principal does not contravene paragraph (2)( b ) by doing any act in relation to a woman at a time when if the work were to be done by a person taken into his employment being a man would be a genuine occupational qualification for the job.

(3A) Paragraph (3) does not apply in relation to discrimination falling within Article 4A or 4B .

(3B) In relation to discrimination falling within Article 4A or 4B , the principal does not contravene paragraph (2)(a), (b), (c) or (d) by doing any act in relation to a woman if—

(a) he does it at a time when, if the work were to be done by a person taken into his employment—

(i) being a man would be a genuine occupational qualification for the job; or

(ii) being a woman would be a genuine occupational qualification for the job; and

(b) he can show that the act is reasonable in view of the circumstances relevant for the purposes of sub-paragraph (a) and any other relevant circumstances.

(3C) In relation to discrimination falling within Article 4A or 4B , the principal does not contravene paragraph (2)(b) by doing any act in relation to a woman at a time when, if the work were to be done by a person taken into his employment, there would be a supplementary genuine occupational qualification for the job.

(3D) Paragraphs (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

(4) Paragraph (2)( c ) does not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the woman belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his contract workers.

Section 13 Meaning of employment at establishment in Northern Ireland

(1) For the purposes of this Part and section 1 of the Equal Pay Act (Northern Ireland) 1970 ( “the relevant purposes”), employment is to be regarded as being at an establishment in Northern Ireland if—

(a) the employee does his work wholly or partly in Northern Ireland, or

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

(1A) This paragraph applies if—

(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.

(2) The reference to “employment” in paragraph (1) includes—

(a) employment on board a ship , only if the ship is registered at a port of registry in Northern Ireland; and

(b) employment on aircraft or hovercraft , only if the aircraft or hovercraft is registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland.

Para. (3) rep. by SR 2000/8

(4) Where work is not done at an establishment it shall be treated for the relevant purposes as done at the establishment from which it is done or (where it is not done from any establishment) at the establishment with which it has the closest connection.

(5) In relation to employment concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources, the Office of the First Minster and deputy First Minister may by order provide that paragraph (1) shall have effect as if—

(a) the reference to Northern Ireland in each of sub-paragraphs (a) and (b) of paragraph (1), and

(b) each of the references to Northern Ireland in paragraphs (1A) and (2),

included any area for the time being designated under section 1(7) of the Continental Shelf Act 1964, in which the law of Northern Ireland applies.

(6) An order under paragraph (5) may provide that, in relation to employment to which the order applies, this Part and section 1 of the Equal Pay Act are to have effect with such modifications as are specified in the order.

(7) The Office of the First Minister and deputy First Minister shall not make an order under paragraph (5) unless a draft of the order has been approved by resolution of the Assembly.

(8) Paragraphs (1) to (4) or, where an order under paragraph (5) is in operation, those paragraphs as modified by the order, apply for the purposes of determining whether contract work, within the meaning given by Article 12, is at an establishment in Northern Ireland, but so apply with the following modifications—

(a) a reference to employment is to be read as a reference to work to which Article 12 applies, and

(b) “employee” and “employer” shall be read (respectively) as “contract worker” and “principal” with “contract worker” and “principal” having the meaning given by Article 12.

Section 13A Offices and posts to which Article 13B applies

(1) Subject to paragraphs (2) and (3), Article 13B applies to an office or post if—

(a) the office or post is one—

(i) to which persons are appointed to discharge functions personally under the direction of another person, and

(ii) in respect of which they are entitled to remuneration,

(b) the office or post is one to which appointments are made by a Minister of the Crown, a Northern Ireland Minister, the Assembly or a government department, or

(c) the office or post is one to which appointments are made on the recommendation of, or subject to the approval of, a person referred to in sub-paragraph (b).

(2) Article 13B does not apply to an office or post if Article 8 (Applicants and employees), Article 12 (Contract workers), or Article 14 (Partnerships)—

(a) applies in relation to an appointment to the office or post, or

(b) would apply in relation to an appointment to an office or post but for the operation of any other provision of this Order.

(3) Article 13B does not apply to—

(a) any office of the House of Commons held by a member of it,

(b) a life peerage within the meaning of the Life Peerages Act 1958, or any office of the House of Lords held by a member of it,

(c) any office of the Assembly held by a member of it,

(d) any office of a district council held by a member of it,

(e) any office of a political party.

(4) For the purposes of paragraph (1)(a), the holder of an office or post—

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

(b) is not to be regarded as entitled to remuneration merely because she is entitled to payments—

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

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

(5) In this Article and Article 13B, appointment to an office or post does not include election to an office or post.

Section 13B Office holders

(1) It is unlawful for a relevant person, in relation to an appointment to an office or post to which this Article applies, to discriminate against a woman—

(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 her the appointment, or

(c) by refusing to offer her 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 Article 13A(1)(c), for a relevant person on whose recommendation, or subject to whose approval, appointments to the office or post are made, to discriminate against a woman—

(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 woman who has been appointed to an office or post to which this Article applies, to discriminate against her—

(a) in the terms of the appointment,

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

(c) by terminating the appointment, or

(d) by subjecting her 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 woman—

(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, in relation to appointment to the office or post, is seeking or being considered for a recommendation or approval referred to in Article 13A(1)(c).

(5) Paragraphs (1) and (3) do not apply to any act in relation to an office or post where, if holding the office or post constituted employment, that act would be lawful by virtue of Article 10 (Exception where sex is a genuine occupational qualification), 10A (Corresponding exception relating to gender reassignment), 10B (Supplementary exceptions relating to gender reassignment) or Article 21 (Ministers of religion etc.).

(6) Paragraph (2) does not apply to any act in relation to an office or post where, if holding the office or post constituted employment, it would be lawful by virtue of Article 10, 10A, 10B or 21 to refuse to offer the person such employment.

(7) 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 to persons appointed to offices or posts which are the same as, or not materially different from, that which the person appointed holds,

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

(c) the benefits relate to training.

(8) 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 she is entitled to terminate the appointment without notice by reason of the conduct of the relevant person.

(9) In this Article “relevant person”, in relation to an office or post, means—

(a) in a case relating to an appointment to an office or post, the person with power to make that appointment;

(b) in a case relating to the making of a recommendation or the giving of an approval in relation to an appointment, a person or body referred to in section 13A(1)(b) with power to make that recommendation or (as the case may be) to give that approval;

(c) in a case relating to a term of an appointment, the person with power to determine that term;

(d) in a case relating to a working condition afforded in relation to an appointment—

(i) the person with power to determine that working condition, or

(ii) where there is no such person, the person with power to make the appointment;

(e) in a case relating to the termination of an appointment, the person with power to terminate the appointment;

(f) in a case relating to the subjection of a person to any other detriment or to harassment, any person or body falling within one or more of sub‐paragraphs (a) to (e) in relation to such cases as are there mentioned.

(10) In paragraph 9(d) “working condition” includes any opportunity for promotion, a transfer, training or receiving any other benefit.

(11) In this Article—

(a) references to “making a recommendation” include references to making a negative recommendation;

(b) references to “refusal” include references to deliberate omission;

(c) “benefits” includes facilities and services

Section 14 Partnerships

(1) It is unlawful for a firm . . . , in relation to a position as partner in the firm, to discriminate against a woman—

(a) in the arrangements they make for the purpose of determining who should be offered that position, or

(b) in the terms on which they offer her that position, or

(c) by refusing or deliberately omitting to offer her that position, or

(d) in a case where the woman already holds that position—

(i) in the way they afford her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(ii) by expelling her from that position, or subjecting her to any other detriment.

(2) Paragraph (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.

(2A) It is unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a woman who holds or has applied for that position.

(3) Subject to paragraph (3A), paragraph (1)( a ) and ( c ) do not apply to a position as partner where, if it were employment, being a man would be a genuine occupational qualification for the job.

(3A) Paragraph (3) does not apply in relation to discrimination falling within Article 4A or 4B .

(3B) In relation to discrimination falling within Article 4A or 4B , paragraph (1) does not make unlawful a firm's treatment of a person in relation to a position as partner where—

(a) if it were employment—

(i) being a man would be a genuine occupational qualification for the job; or

(ii) being a woman would be a genuine occupational qualification for the job; and

(b) the firm can show that the treatment is reasonable in view of the circumstances relevant for the purposes of sub-paragraph (a) and any other relevant circumstances.

(3C) In relation to discrimination falling within Article 4A or 4B , paragraph (1)(a), (c) and, so far as it relates to expulsion, (d)(ii) do not apply to a position as partner where, if it were employment, there would be a supplementary genuine occupational qualification for the job.

(3D) Paragraphs (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

Para. (4) rep. by SR 2005/426

(5) In the case of a limited partnership references in paragraph (1) to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907 .

(6) This Article applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.

Section 15 Trade unions etc.

(1) This Article applies to an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

(2) It is unlawful for an organisation to which this Article applies, in the case of a woman who is not a member of the organisation, to discriminate against her—

(a) in the terms on which it is prepared to admit her to membership, or

(b) by refusing, or deliberately omitting to accept, her application for membership.

(3) It is unlawful for an organisation to which this Article applies, in the case of a woman who is a member of the organisation, to discriminate against her—

(a) in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(b) by depriving her of membership, or varying the terms on which she is a member, or

(c) by subjecting her to any other detriment.

(3A) It is unlawful for an organisation to which this Article applies, in relation to membership of that organisation, to subject to harassment a woman who—

(a) is a member of the organisation, or

(b) has applied for membership of the organisation.

Para. (4) rep. by SR 2005/426

Section 16 Qualifying bodies

(1) It is unlawful for an authority or body which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a woman—

(a) in the terms on which it is prepared to confer on her that authorisation or qualification, or

(b) by refusing or deliberately omitting to grant her application for it, or

(c) by withdrawing it from her or varying the terms on which she holds it.

(1A) It is unlawful for a body to which this Article applies, in relation to an authorisation or qualification of a kind mentioned in paragraph (1), to subject to harassment a woman who holds or applies for such an authorisation or qualification.

(2) Where an authority or body is required by law to satisfy itself as to his good character before conferring on a person an authorisation or qualification which is needed for, or facilitates, his engagement in any profession or trade then, without prejudice to any other duty to which it is subject, that requirement shall be taken to impose on the authority or body a duty to have regard to any evidence tending to show that he, or any of his employees, or agents (whether past or present), has practised unlawful discrimination in, or in connection with, the carrying on of any profession or trade.

(3) In this Article—

(a) “authorisation or qualification” includes recognition, registration, enrolment, approval and certification,

(b) “confer” includes renew or extend.

(4) Paragraph (1) does not apply to discrimination which is rendered unlawful by Article 24 or 25.

(5) Paragraph (1A) does not apply to harassment which is rendered unlawful by Article 24 or 25.

Section 17 Persons concerned with provision of vocational training

(1) It is unlawful, in the case of a woman seeking or receiving vocational training, for any person who provides, or makes arrangements for the provision of, facilities for vocational training to discriminate against her—

(a) in the arrangements that person makes for the purpose of selecting people to receive vocational training,

(b) in the terms on which that person affords her access to any vocational training or facilities concerned with vocational training,

(c) by refusing or deliberately omitting to afford her such access,

(d) by terminating her vocational training, or

(e) by subjecting her to any detriment during the course of her vocational training.

(1A) It is unlawful for a provider of vocational training, in relation to such training, to subject to harassment a woman—

(a) to whom he is providing such training, or

(b) who has asked him to provide such training.

(1B) In this Article “vocational training”, in relation to a woman, includes (if it would not otherwise do so) any training which would help fit her for any employment.

(2) Paragraph (1) does not apply to—

(a) discrimination which is rendered unlawful by Article 8(1) or (2) or Article 24 or 25; or

(b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Order.

Section 18 Employment agencies

(1) It is unlawful for an employment agency to discriminate against a woman—

(a) in the terms on which the agency offers to provide any of its services, or

(b) by refusing or deliberately omitting to provide any of its services, or

(c) in the way it provides any of its services.

(1A) It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a woman—

(a) to whom it provides such services, or

(b) who has requested the provision of such services.

(2) References in paragraph (1) to the services of an employment agency include guidance on careers and any other services related to employment.

(3) This Article does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the woman.

(4) An employment agency shall not be subject to any liability under this Article if it proves—

(a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of paragraph (3), its action would not be unlawful, and

(b) that it was reasonable for it to rely on the statement.

(5) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4)( a ) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale .

Section 20 Prison officers

Nothing in this Part renders unlawful any discrimination between male and female prison officers as to requirements relating to height.

Section 21 Ministers of religion etc.

(1) Nothing in this Part shall make it unlawful to apply a requirement in relation to employment where—

(a) the employment is for purposes of an organised religion,

(b) the requirement is one to which paragraph (3) applies, and

(c) the requirement is applied—

(i) so as to comply with the doctrines of the religion, or

(ii) because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly-held religious convictions of a significant number of the religion's followers.

(2) Nothing in Article 16 shall make it unlawful to apply a requirement in relation to an authorisation or qualification (as defined in that Article) where—

(a) the authorisation or qualification is for purposes of an organised religion,

(b) the requirement is one to which paragraph (3) applies, and

(c) the requirement is applied—

(i) so as to comply with the doctrines of the religion, or

(ii) by the authority or body concerned, or by the person by whom the authority or body acts in a particular case, so as to avoid conflicting with the strongly-held religious convictions of a significant number of the religion's followers.

(3) This paragraph applies to—

(a) a requirement to be of a particular sex,

(b) a requirement not to be undergoing or to have undergone gender reassignment,

(c) a requirement relating to not being married or to not being a civil partner,

(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a requirement, applied in relation to a person who is married, or is a civil partner, that relates—

(i) to the person, or the person's spouse or civil partner, not having a living former spouse or a living former civil partner, or

(ii) to how the person, or the person's spouse or civil partner, has at any time ceased to be married or ceased to be a civil partner.

Section 22 Midwives

(1) Until 1st September 1983 Article 8(1) does not apply to employment as a midwife.

(2) Until 1st September 1983 Article 8(2)( a ) does not apply to promotion, transfer or training as a midwife.

(3) Until 1st September 1983 Article 17 does not apply to training as a midwife.

Para.(4), which inserts s.54A in 1970 c.11 (NI), rep. by 1979 c.36

Section 22A Relationships which have come to an end

(1) This Article applies where—

(a) there has been a relevant relationship between a woman and another person ( “the relevant person”), and

(b) the relationship has come to an end (whether before or after the commencement of this Article).

(2) In this Article, a “relevant relationship” is a relationship during the course of which an act of discrimination by one party to the relationship against the other party to it is unlawful under any preceding provision of this Part.

(3) It is unlawful for the relevant person to discriminate against the woman by subjecting her to a detriment where the discrimination arises out of and is closely connected to the relevant relationship.

(4) It is unlawful for the relevant person to subject a woman to harassment where that treatment arises out of or is closely connected to the relevant relationship.

Section 23

Para. (1) rep. by 1990 NI 2

Para. (2) rep. by 1995 NI 12

Section 24 Bodies in charge of educational establishments

(1) It is unlawful, in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body”) to discriminate against a woman—

(a) in the terms on which it offers to admit her to the establishment as a pupil, or

(b) by refusing or deliberately omitting to accept an application for her admission to the establishment as a pupil, or

(c) where she is a pupil of the establishment—

(i) in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(ii) by excluding her from the establishment or subjecting her to any other detriment.

(2) It is unlawful for the governing body of an institution of further or higher education to discriminate against a woman in the arrangements it makes for the purpose of selecting people for admission to the institution.

(3) It is unlawful for the governing body of an institution of further or higher education to subject a woman to harassment if that woman is a student at the institution or has applied for admission to the institution.

(4) In paragraphs (2) and (3), “institution of further or higher education” means an establishment falling within column 1 of paragraph 1A, 3 or 5 of the table in paragraph (1).

Section 25 Other discrimination by the Education Authority

It is unlawful for the Education Authority , in carrying out such of its functions under the Education Orders, as defined in the Education and Libraries (Northern Ireland) Order 1986 as do not fall under Article 24, to do any act which constitutes sex discrimination.

Section 26 General duty in public sector of education

(1) Without prejudice to its obligation to comply with any other provision of this Order, a body to which this paragraph applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without sex discrimination.

(2) Article 101 of the Education and Libraries (Northern Ireland) Order 1986 . . . shall apply to the performance by a body to which paragraph (1) applies of the duties imposed by Articles 24 and 25 and shall also apply to the performance of the general duty imposed by paragraph (1), as it applies to the performance by the Education Authority of a duty imposed by that Order.

(3) The sanctions in paragraph (2) shall be the only sanctions for breach of the general duty in paragraph (1), but without prejudice to the enforcement of Articles 24 and 25 under Article 66 or otherwise (where the breach is also a contravention of either of those Articles).

(4) Paragraph (1) applies to—

(a) the Education Authority ; and

(b) any other body which is a responsible body in relation to an establishment falling within paragraph 1 , 1A , 4 or 5 of the table in Article 24.

Section 27 Exception for single-sex establishments

(1) Articles 24(1)( a ) and ( b ) and 26 do not apply to the admission of pupils to any establishment (a “single-sex establishment”) which admits pupils of one sex only, or which would be taken to admit pupils of one sex only if there were disregarded pupils of the opposite sex—

(a) whose admission is exceptional, or

(b) whose numbers are comparatively small and whose admission is confined to particular courses of instruction or teaching classes.

(2) Where a school which is not a single-sex establishment has some pupils as boarders and others as non-boarders, and admits as boarders pupils of one sex only (or would be taken to admit as boarders pupils of one sex only if there were disregarded boarders of the opposite sex whose numbers are comparatively small), Articles 24(1)( a ) and ( b ) and 26 do not apply to the admission of boarders and Articles 24(1)( c )(i) and 26 do not apply to boarding facilities.

(3) Where an establishment is a single-sex establishment by reason of its inclusion in paragraph (1)( b ), the fact that pupils of one sex are confined to particular courses of instruction or teaching classes shall not be taken to contravene Article 24( c )(i) or the duty in Article 26.

Section 28 Exception for single-sex establishments turning co-educational

(1) Where at any time—

(a) the responsible body for a single-sex establishment falling within column 1 of the table in Article 24(1) determines to alter its admissions arrangements so that the establishment will cease to be a single-sex establishment, or

(b) Article 27(2) applies to the admission of boarders to a school falling within column 1 of that table but the responsible body determines to alter its admissions arrangements so that Article 27(2) will cease so to apply,

the responsible body may apply in accordance with Schedule 2 for an order (a “transitional exemption order”) authorising discriminatory admissions during the transitional period specified in the order.

(2) Where during the transitional period specified in a transitional exemption order applying to an establishment the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Order.

(3) Paragraph (2) does not apply if the refusal or omission contravenes any condition of the transitional exemption order.

(4) Except as mentioned in paragraph (2), a transitional exemption order shall not afford any exemption from liability under this Order.

(5) Where, during the period between the making of an application for a transitional exemption order in relation to an establishment and the determination of the application, the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Order.

Section 30 Discrimination in provision of goods, facilities or services

(1) It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a woman who seeks to obtain or use those goods, facilities or services—

(a) by refusing or deliberately omitting to provide her with any of them, or

(b) by refusing or deliberately omitting to provide her with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in his case in relation to male members of the public or (where she belongs to a section of the public) to male members of that section.

(2) The following are examples of the facilities and services mentioned in paragraph (1)—

(a) access to and use of any place which members of the public or a section of the public are permitted to enter;

(b) accommodation in a hotel, borading house or other similar establishment;

(c) facilities by way of banking or insurance or for grants, loans, credit or finance;

(d) facilities for education;

(e) facilities for entertainment, recreation or refreshment;

(f) facilities for transport or travel;

(g) the services of any profession or trade, or any local or other public authority.

(2A) It is unlawful in connection with the provision of goods, facilities or services to the public or a section of the public (except in so far as they relate to an excluded matter) for any person to subject to harassment—

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

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

(3) For the avoidance of doubt it is hereby declared that where a particular skill is commonly exercised in a different way for men and for women it does not contravene paragraph (1) for a person who does not normally exercise it for women to insist on exercising it for a woman only in accordance with his normal practice or, if he reasonably considers it impracticable to do that in her case, to refuse or deliberately omit to exercise it.

(4) In its application in relation . . . to discrimination falling within Article 4A, paragraph (1)(b) shall have effect as if references to male members of the public, or of a section of the public, were references to members of the public, or of a section of the public, who do not intend to undergo, are not undergoing and have not undergone gender reassignment.

Section 31 Discrimination in disposal or management of premises

(1) It is unlawful for a person, in relation to premises in Northern Ireland of which he has power to dispose, to discriminate against a woman—

(a) in the terms on which he offers her those premises, or

(b) by refusing her application for those premises, or

(c) in his treatment of her in relation to any list of persons in need of premises of that description.

(1A) It is unlawful for such a person to subject to harassment a woman who applies for the premises.

(2) It is unlawful for a person, in relation to premises managed by him, to discriminate against a woman occupying the premises—

(a) in the way he affords her access to any benefits or facilities, or by refusing or deliberately omitting to afford her access to them, or

(b) by evicting her, or subjecting her to any other detriment.

(2A) It is unlawful for such a person to subject to harassment a woman who occupies the premises.

(3) Paragraph (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless he uses the services of an estate agent for the purposes of the disposal of the premises or publishes or causes to be published an advertisement in connection with the disposal.

(4) Paragraphs (1A) and (2A) apply in relation to an application for or occupation of premises except in so far as they relate to an excluded matter.

Section 32 Discrimination: consent for assignment or sub-letting

(1) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Northern Ireland comprised in a tenancy, it is unlawful for the landlord or other person

(a) to discriminate against a woman by withholding the licence or consent for disposal of the premises to her, or

(b) in relation to such a licence or consent, to subject to harassment a woman to whom the disposal would be made if the licence or consent were given.

(2) Paragraph (1) does not apply if—

(a) the person withholding a licence or consent, or a near relative of his ( “the relevant occupier”) resides, and intends to continue to reside, on the premises, and

(b) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and

(c) the premises are small premises as defined in Article 33(2).

(3) In this Article “tenancy” means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any statutory provision; and “disposal”, in relation to premises comprised in a tenancy, includes assignment of the tenancy and sub-letting or parting with possession of the premises or any part of the premises.

(4) This Article applies to tenancies created before the commencement of this Article, as well as to others.

Section 33 Exception for small dwellings

(1) Articles 30(1) and 31 do not apply to the provision by a person of accommodation in any premises, or the disposal of premises by him, if—

(a) that person or a near relative of his ( “the relevant occupier”) resides, and intends to continue to reside, on the premises, and

(b) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and

(c) the premises are small premises.

(2) Premises shall be treated for the purposes of paragraph (1) as small premises if—

(a) in the case of premises comprising residential accommodation for one or more households (under separate letting or similar agreements) in addition to the accommodation occupied by the relevant occupier, there is not normally residential accommodation for more that two such households and only the relevant occupier and any member of his household reside in the accommodation occupied by him;

(b) in the case of premises not falling within sub-paragraph ( a ), there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

Section 34 Exception for political parties

(1) This Article applies to a political party if—

(a) it has as its main object, or one of its main objects, the promotion of parliamentary candidatures for the Parliament of the United Kingdom, or the Assembly, or

(b) it is an affiliate of, or has an affiliate, or has similar formal links with, a political party within sub-paragraph ( a ).

(2) Nothing in Article 30(1) shall be construed as affecting any special provision for persons of one sex only in the constitution, organisation or administration of the political party.

(3) Nothing in Article 30(1) shall render unlawful an act done in order to give effect to such a special provision.

Section 35 Exception for voluntary bodies

(1) This Article applies to a body—

(a) the activities of which are carried on otherwise than for profit, and

(b) which was not set up by any statutory provision.

(2) Articles 30(1) and 31 shall not be construed as rendering unlawful—

(a) the restriction of membership of any such body to persons of one sex (disregarding any minor exceptions), or

(b) the provision of benefits, facilities or services to members of any such body where the membership is so restricted,

even though membership of the body is open to the public, or to a section of the public.

(3) Nothing in Article 30 or 31 shall—

(a) be construed as affecting a provision to which this paragraph applies, or

(b) render unlawful an act which is done in order to give effect to such a provision.

(4) Paragraph (3) applies to a provision for conferring benefits on persons on one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which constitutes the main object of a body within paragraph (1).

(5) Paragraphs (2) to (4) do not apply to discrimination under Article 3, 3A or 4A in its application to Articles 30 to 32 unless the treatment mentioned in those paragraphs is—

(a) a proportionate means of achieving a legitimate aim, or

(b) for the purpose of preventing or compensating for a disadvantage linked to sex.

Section 35A Exception for ceremonies or events to mark a marriage or civil partnership

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 36 Further exceptions from Articles 30(1) and 31

(1) A person who provides at any place facilities or services restricted to men does not for that reason contravene Article 30(1) if any of the conditions in paragraphs (1A) to (1C) is satisfied.

(1A) The condition is that the place is, or is part of—

(a) a hospital, or

(b) any other establishment for persons requiring special supervision, attention or care.

(1B) The condition is that –

(a) the place is (permanently or for the time being) occupied or used for the purposes of an organised religion;

(b) the facilities or services are not normally provided on a commercial basis; and

(c) the facilities or services are restricted to men so as to comply with the doctrines of the religion in sub-paragraph (a) or avoid offending the religious susceptibilities of a significant number of its followers.

(1C) The condition is that the facilities or services are provided for, or are likely to be used by, two or more persons at the same time, and—

(a) the facilities or services are such, or those persons are such, that male users are likely to suffer serious embarrassment at the presence of a woman, or

(b) the facilities or services are such that a user is likely to be in a state of undress and a male user might reasonably object to the presence of a female user.

(2) A person who provides facilities or services restricted to men does not for that reason contravene Article 30(1) if the facilities or services are such that physical contact between the user and any other person is likely, and that other person might reasonably object if the user were a woman.

(2A) In their application to discrimination falling within Article 4A, paragraphs (1A), (1C) and (2) shall apply to the extent that any such discrimination is a proportionate means of achieving a legitimate aim.

(3) Articles 30(1) and 31 do not apply—

(a) to discrimination or harassment which is rendered unlawful by any provision in column 1 of the table below, or

(b) to discrimination or harassment which would be so unlawful but for any provision in column 2 of that table, or

(c) to discrimination or harassment which contravenes a term modified or included by virtue of an equality clause.

Section 36A Relationships which have come to an end

(1) This Article applies where—

(a) there has been a relevant relationship between a woman and another person ( “the relevant person”), and

(b) the relationship has come to an end (whether before or after the commencement of this Article).

(2) In this Article, a “relevant relationship” is a relationship during the course of which an act of discrimination by one party to the relationship against the other party to it is unlawful under—

(a) Articles 30 to 32, except in so far as they relate to an excluded matter, or

(b) any other provision of this Part, so far as the provision applies to vocational training.

3 It is unlawful for the relevant person to discriminate against the woman by subjecting her to a detriment where the discrimination arises out of and is closely connected to the relevant relationship.

(4) It is unlawful for the relevant person to subject a woman to harassment where that treatment arises out of or is closely connected to the relevant relationship.

Section 36ZA Excluded matters

Each of the following is an excluded matter for the purposes of Articles 30 to 32—

(a) education (including vocational training);

(b) the content of media and advertisements;

(c) the provision of goods, facilities or services (not normally provided on a commercial basis) at a place (permanently or for the time being) occupied or used for the purposes of an organised religion.

Section 37 Extent of Part IV

(1) Article 30(1)—

(a) does not apply to goods, facilities or services outside Northern Ireland except as provided in paragraphs (2) and (3); and

(b) does not apply to facilities by way of banking or insurance or for grants, loans, credit or finance, where the facilities are for a purpose to be carried out, or in connection with risks wholly or mainly arising, outside Northern Ireland.

(2) Article 30(1) applies to the provision of facilities for travel outside Northern Ireland where the refusal or omission occurs in Northern Ireland or on a ship, aircraft or hovercraft within paragraph (3).

(3) Article 30(1) applies on and in relation to—

(a) any ship registered at a port of registry in Northern Ireland, and

(b) any aircraft or hovercraft registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland, and

(c) any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of Northern Ireland,

even if the ship, aircraft or hovercraft is outside Northern Ireland.

(4) This Article shall not render unlawful an act done in or over a country outside the United Kingdom, or in or over that country's territorial waters, for the purpose of complying with the laws of that country.

(5) Articles 24, 25 and 26 do not apply to benefits, facilities or services outside Northern Ireland except—

(a) travel on a ship registered at a port of registry in Northern Ireland, and

(b) benefits, facilities or services provided on a ship so registered.