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(1) This Order may be cited as the Race Relations (Northern Ireland) Order 1997.
(2) This Order shall come into operation on such day or days as the Department may by order appoint .
(3) An order under paragraph (2) may make such transitional provision as appears to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.
(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 39;
“act” includes a deliberate omission;
“advertisement” includes every form of advertisement or notice, whether to the public or not;
“the Commission” means the Equality Commission for Northern Ireland ;
“Commissioner” means a member of the Commission;
“the Department” means the Department of Economic Development;
“discrimination” and related terms shall be construed in accordance with paragraph (4);
“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;
“final” shall be construed in accordance with paragraph (3);
“formal investigation” means an investigation under Article 46;
“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 8;
“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;
“nationality” includes citizenship;
“non-discrimination notice” means a notice under Article 55;
“Northern Ireland” includes such of the territorial waters of the United Kingdom as are adjacent to Northern Ireland;
“notice” means a notice in writing;
“premises” includes land of any description;
“prescribed” means prescribed by regulations made by the Department;
“profession” includes any vocation or occupation;
“racial grounds” and “racial group” have the meaning given by Article 5;
“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.
(3) For the purposes of this Order a non-discrimination notice or a finding by a court or tribunal becomes final when—
(a) an appeal against the notice or finding is dismissed, withdrawn or abandoned; or
(b) the time for appealing expires without an appeal having been brought;
and for the purposes of sub-paragraph (a) 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 56(3).
(4) In this Order—
(a) references to discrimination are to any discrimination falling within Article 3 or 4; and
(b) references to racial discrimination are to any discrimination falling within Article 3;
and related expressions shall be construed accordingly.
(1) A person discriminates against another in any circumstances relevant for the purposes of any provision of this Order if—
(a) on racial grounds he treats that other less favourably than he treats or would treat other persons; or
(b) he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same racial group as that other but—
(i) which is such that the proportion of persons of the same racial group as that other who can comply with it is considerably smaller than the proportion of persons not of that racial group who can comply with it; and
(ii) which he cannot show to be justifiable irrespective of the colour, race, nationality or ethnic or national origins of the person to whom it is applied; and
(iii) which is to the detriment of that other because he cannot comply with it.
(1A) A person also discriminates against another if, in any circumstances relevant for the purposes of any provision referred to in paragraph (1B), he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other, but—
(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 or would put 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.
(2) For the purposes of this Order segregating a person from other persons on racial grounds is treating him less favourably than they are treated.
(3) A comparison of the case of a person of a particular racial group with that of a person not of that group under paragraph (1) or (1A) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
(1) A person ( “A”) discriminates against another person ( “B”) in any circumstances relevant for the purposes of any provision of this Order if—
(a) he treats B less favourably than he treats or would treat other persons in those circumstances; and
(b) he does so for a reason mentioned in paragraph (2).
(2) The reasons are that—
(a) B has—
(i) brought proceedings against A or any other person under this Order; or
(ii) given evidence or information in connection with such proceedings brought by any person; or
(iii) otherwise done anything under this Order in relation to A or any other person; or
(iv) alleged that A or any other person has (whether or not the allegation so states) contravened this Order; or
(b) A knows that B intends to do any of those things or suspects that B has done, or intends to do, any of those things.
(3) 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.
(1) A person ("A") subjects another person ("B") to harassment in any circumstances relevant for the purposes of any provision referred to in Article 3(1B) where, on grounds of race or ethnic or national origins, A engages in unwanted conduct which has the purpose or effect of—
(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.
(1) Subject to paragraphs (2) and (3), in this Order—
“racial grounds” means any of the following grounds, namely colour, race, nationality or ethnic or national origins;
“racial group” means a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to a person's racial group refer to any racial group into which he falls.
(2) In this Order “racial grounds”
(a) includes the grounds of belonging to the Irish Traveller community, that is to say the community of people commonly so called who are identified (both by themselves and by others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland; and
(b) does not include the grounds of religious belief or political opinion.
(3) In this Order “racial group”
(a) includes the Irish Traveller community;
(b) does not include a group of persons defined by reference to religious belief or political opinion.
(3A) In this Order "race or ethnic or national origins" includes origins within the Irish Traveller community.
(4) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this Order.
(5) In this Article references to religious belief or political opinion shall be construed in accordance with Article 2(2) and (3) of the Fair Employment and Treatment (Northern Ireland) Order 1998 .
(1) It is unlawful for a person, in relation to employment by him at an establishment in Northern Ireland, to discriminate against another—
(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 him that employment; or
(c) by refusing or deliberately omitting to offer him that employment.
(2) It is unlawful for a person, in the case of a person employed by him at an establishment in Northern Ireland, to discriminate against that employee—
(a) in the terms of employment which he affords him; or
(b) in the way he affords him access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(c) by dismissing him, or subjecting him to any other detriment.
(2A) It is unlawful for a person, in relation to employment by him at an establishment in Northern Ireland, to subject to harassment a person whom he employs or who has applied to him for employment.
(3) Except in relation to discrimination falling within Article 4 or discrimination on grounds of race or ethnic or national origins , paragraphs (1) and (2) do not apply to employment for the purposes of a private household.
(4) 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 employee 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 employee in question is regulated by his contract of employment; or
(c) the benefits, facilities or services relate to training.
(4A) In paragraph (2)(c) the reference to the dismissal of a person from employment includes, where the discrimination is on grounds of race or ethnic or national origins, references—
(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
(5) Paragraphs (1) and (2) do not render unlawful any act done by an employer , on grounds other than those of race or ethnic or national origins, for the benefit of a person not ordinarily resident in Northern Ireland in or in connection with employing him at an establishment in Northern Ireland, where the purpose of that employment is to provide him with training in skills which he appears to the employer to intend to exercise wholly outside Northern Ireland.
(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, in relation to employment at an establishment in Northern Ireland,—
(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.
(1) In relation to discrimination on grounds 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.
(1) In relation to racial discrimination in cases where Article 7A does not apply
(a) Article 6(1)(a) or (c) does not apply to any employment where being of a particular racial group is a genuine occupational qualification for the job; and
(b) Article 6(2)(b) does not apply to opportunities for promotion or transfer to, or training for, such employment.
(2) Being of a particular racial group is a genuine occupational qualification for a job only where—
(a) the job involves participation in a dramatic performance or other entertainment in a capacity for which a person of that racial group is required for reasons of authenticity; or
(b) the job involves participation as an artist's or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of that racial group is required for reasons of authenticity; or
(c) the job involves working in a place where food or drink is (for payment or not) provided to and consumed by members of the public or a section of the public in a particular setting for which, in that job, a person of that racial group is required for reasons of authenticity; or
(d) the holder of the job provides persons of that racial group with personal services promoting their welfare, and those services can most effectively be provided by a person of that racial group.
(3) Paragraph (2) applies where some only of the duties of the job fall within sub-paragraph (a), (b), (c) or (d) as well as where all of them do.
(4) Sub-paragraph (a), (b), (c) or (d) of paragraph (2) does not apply in relation to the filling of a vacancy at a time when the employer already has employees of the racial group in question—
(a) who are capable of carrying out the duties falling within that sub-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.
(1) This Article applies to any work 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 contract worker—
(a) in the terms on which he allows him to do that work; or
(b) by not allowing him to do it or continue to do it; or
(c) in the way he affords him access to any benefits, facilities or services or by refusing or deliberately omitting to afford him access to them; or
(d) by subjecting him to any other detriment.
(3) The principal does not contravene paragraph (2)(b) by doing any act in relation to a person not of a particular racial group , or not of a particular race or particular ethnic or national origins, at a time when, if the work were to be done by a person taken into the principal's employment, being of that racial group or of that race or those origins would be a genuine occupational qualification or, as the case may be, that act would be lawful by virtue of Article 7A for the job.
(3A) It is unlawful for the principal, in relation to work to which this Article applies, to subject a contract worker to harassment.
(4) Nothing in this Article shall render unlawful any act done by the principal on grounds other than those of race or ethnic or national origins, for the benefit of a contract worker not ordinarily resident in Northern Ireland in or in connection with allowing him to do work to which this Article applies, where the purpose of his being allowed to do that work is to provide him with training in skills which he appears to the principal to intend to exercise wholly outside Northern Ireland.
(5) 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 contract worker in question 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.
(6) This Article applies only in relation to work done at an establishment in Northern Ireland; and Articles 10 and 11 apply for the purposes of this paragraph with appropriate modifications.
(1) For the purposes of this Part, employment is to be regarded as being at an establishment in Northern Ireland 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.
(1A) This paragraph applies if, in a case involving discrimination on grounds of race or ethnic or national origins, or harassment—
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) employment on aircraft ... registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland.
(2A) Except as provided by Article 11, paragraph (1) does not apply to employment as a seafarer (within the meaning of that Article).
Para.3 rep. by SR 2000/8
(4) Where work is not done at an establishment it shall be treated for the purposes of this Part 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 Department may by order provide that paragraphs (1) and (2) shall each have effect as if the last reference to Northern Ireland in paragraph (1) 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 is to have effect with such modifications as are specified in the order.
(7) The Department shall not make an order under paragraph (5) unless a draft of the order has been laid before and approved by resolution of the Assembly.
(1) If paragraph (2), (3) or (4) applies to a seafarer, this Part applies to the seafarer as if the seafarer were employed at an establishment in Northern Ireland.
(2) This paragraph applies to a seafarer who works wholly or partly within Northern Ireland on—
(a) a UK ship; or
(b) a UK hovercraft operated by a person whose principal place of business, or ordinary residence, is in Northern Ireland.
(3) This paragraph applies to a seafarer who works wholly or partly within Northern Ireland if—
(a) the seafarer is on a ship registered in or entitled to fly the flag of an EEA State other than the United Kingdom, or a hovercraft registered in an EEA State ...,
(b) the ship or hovercraft is in United Kingdom waters adjacent to Northern Ireland,
(c) the seafarer is a British citizen, or a national of an EEA State ... or of a designated state; and
(d) the legal relationship of the seafarer’s employment is located within Northern Ireland or retains a sufficiently close link to Northern Ireland.
(4) This paragraph applies to a seafarer who works wholly outside Northern Ireland if—
(a) the seafarer is on a UK ship registered at a port of registry in Northern Ireland or a UK hovercraft operated by a person whose principal place of business, or ordinary residence, is in Northern Ireland,
(b) the seafarer is a British citizen, or a national of an EEA State ...or of a designated state; and
(c) the legal relationship of the seafarer’s employment is located within Northern Ireland or retains a sufficiently close link to Northern Ireland.
(5) It is not a contravention of Article 6 or 9 for an employer or principal to offer to pay, or to pay, a person (A) at a lower rate than that at which the employer or principal offers to pay or pays another person (B) because A is of a different nationality from B, if—
(a) A—
(i) applied for work as a seafarer, or
(ii) was recruited as a seafarer,
outside Northern Ireland, and
(b) A is not—
(i) a British citizen,
(ii) a national of an EEA State, or
(iii) a national of a designated state.
(6) For the purposes of this Article—
(a) paying an employee or contract worker includes making provision for a pension, annuity, lump sum, gratuity or other similar benefit which will be paid or given to the employee or contract worker or a member of his family or household in the event of his retirement or death;
(b) the legal relationship of the seafarer’s employment is located within Northern Ireland if the contract under which the seafarer is employed—
(i) was entered into in Northern Ireland; or
(ii) takes effect in Northern Ireland;
(c) whether the legal relationship of the seafarer’s employment retains a sufficiently close link with Northern Ireland is to be determined by reference to all relevant factors including—
(i) where the seafarer is subject to tax;
(ii) where the employer or principal is incorporated;
(iii) where the employer or principal is established;
(iv) where the ship or hovercraft on which the seafarer works is registered.
(7) In this Article—
“British citizen” has the same meaning as the British Nationality Act 1981;
“designated state” means the countries of the African, Caribbean, and Pacific Group of States, the Kingdom of Morocco, Montenegro, the Most Serene Republic of San Marino, the People’s Democratic Republic of Algeria, the Principality of Andorra, the Republic of Albania, the Republic of Croatia, the Republic of Macedonia, the Republic of Tunisia, the Republic of Turkey, the Russian Federation and the Swiss Confederation;
“seafarer” means a person employed or engaged in any capacity on board a ship or hovercraft;
“ UK hovercraft” means a hovercraft registered in the United Kingdom;
“ UK ship” means a ship registered in the United Kingdom;
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom.
(1) It is unlawful for a firm consisting of 6 or more partners, in relation to a position as partner in the firm, to discriminate against a person—
(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 him that position; or
(c) by refusing or deliberately omitting to offer him that position; or
(d) in a case where the person already holds that position—
(i) in the way they afford him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(ii) by expelling him from that position, or subjecting him to any other detriment.
(1A) The limitation of paragraph (1) to six or more partners does not apply in relation to discrimination on grounds of race or ethnic or national origins.
(1B) It is unlawful for a firm, in relation to a position as a partner in the firm, to subject to harassment a person who holds or has applied for that position.
(2) paragraphs (1), (1A) and (1B) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(3) Paragraph (1)(a) and (c) do not apply to a position as partner where, if it were employment, Article 7A or 8 would apply to such employment .
(4) In this Article—
(a) “firm” has the meaning given by section 4 of the Partnership Act 1890; and
(b) references to a partner shall, in the case of a limited partnership, be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907.
(5) The reference in paragraph (1)(d)(ii) to the expulsion of a person from a position as partner includes, where the discrimination is on grounds of race or ethnic or national origins, references—
(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.
(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.
(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 person who is not a member of the organisation, to discriminate against him—
(a) in the terms on which it is prepared to admit him to membership; or
(b) by refusing, or deliberately omitting to accept, his application for membership.
(3) It is unlawful for an organisation to which this Article applies, in the case of a person who is a member of the organisation, to discriminate against him—
(a) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(b) by depriving him of membership, or varying the terms on which he is a member; or
(c) by subjecting him to any other detriment.
(4) It is unlawful for an organisation to which this Article applies, in relation to a person's membership or application for membership of that organisation, to subject him to harassment.
(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 person—
(a) in the terms on which it is prepared to confer on him that authorisation or qualification; or
(b) by refusing, or deliberately omitting to grant, his application for it; or
(c) by withdrawing it from him or varying the terms on which he holds it.
(1A) It is unlawful for an authority or body to which paragraph (1) applies, in relation to an authorisation or qualification conferred by it, to subject to harassment a person who holds or applies for such an authorisation or qualification.
(2) In this Article—
(a) “authorisation or qualification” includes recognition, registration, enrolment, approval and certification;
(b) “confer” includes renew or extend.
(3) Paragraphs (1) and (1A) do not apply to discrimination or, as the case may be, harassment which is rendered unlawful by Article 18 or 19.
(1) It is unlawful, in the case of an individual seeking or undergoing training which would help fit him for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against him —
(a) in the terms on which that person affords him access to any training course or other facilities concerned with such training; or
(b) by refusing or deliberately omitting to afford him such access; or
(c) by terminating his training; or
(d) by subjecting him to any detriment during the course of his training.
(2) Paragraph (1) does not apply to—
(a) discrimination which is rendered unlawful by Article 6(1) or (2) or Article 18 or 19; or
(b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Order.
(3) It is unlawful for any person who provides, or makes arrangements for the provision of, facilities for training to which paragraph (1) applies, in relation to such facilities or training, to subject to harassment a person to whom he provides such training or who is seeking to undergo such training.
(4) Paragraph (3) does not apply to harassment which is rendered unlawful by Article 6(2A) or by Article 18 or 19.
(1) It is unlawful for an employment agency to discriminate against a person—
(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 person to whom it provides such services or who requests the provision of such services.
(2) References in paragraphs (1) and (1A) 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 person in question.
(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 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(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 person—
(a) in the terms on which it offers to admit him to the establishment as a pupil; or
(b) by refusing or deliberately omitting to accept an application for his admission to the establishment as a pupil; or
(c) where he is a pupil of the establishment—
(i) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(ii) by excluding him from the establishment or subjecting him to any other detriment.
TABLE
(1A) It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in paragraph (1), to subject to harassment—
(a) a person who applies for admission to the establishment as a pupil; or
(b) a pupil at the establishment.
(2) Subject to paragraph (3), words and expressions used in this Article, Article 19 or Article 20 to which a meaning is assigned by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 have the same meaning as in the 1986 Order.
(3) In this Article “pupil” includes any person who receives education at an establishment to which this Article applies.
It is unlawful for—
(a) the Education Authority , in carrying out such of its functions under the Education Orders as do not fall under Article 18; and
(b) the Council for Catholic Maintained Schools, in carrying out its functions under the Education Orders,
to do any act which constitutes racial discrimination or harassment .
(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 racial discrimination.
(2) Article 101 of the Education and Libraries (Northern Ireland) Order 1986 (power of Department of Education to give directions) shall apply to the performance by a body to which paragraph (1) applies of the duties imposed by Articles 18 and 19 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 the Education Orders.
(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 18 and 19 under Article 54 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, 4 or 5(b) of the table in Article 18(1).
(1) It is unlawful for a public authority—
(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.
(1) Article 20A does not apply to—
(a) any judicial act, whether done by a court, tribunal or other person; or
(b) any act done on the instructions, or on behalf, of a person acting in a judicial capacity.
(2) Article 20A does not apply to any act of, or relating to, making, confirming or approving any statutory provision.
(3) Article 20A does not apply to any act of, or relating to, making or approving arrangements or imposing requirements or conditions, of a kind excepted by Article 40.
(4) Article 20A does not apply to any act of, or relating to, imposing a requirement, or giving an express authorisation, of a kind mentioned in Article 20C(3) in relation to the carrying out of immigration functions.
(5) In this Article “immigration functions” has the meaning given in Article 20C.
(1) Article 20A does not make it unlawful for a relevant person to discriminate against another person on grounds of ethnic or national origins in carrying out immigration functions.
(2) For the purposes of paragraph (1), “relevant person” means—
(a) a Minister of the Crown acting personally; or
(b) any other person acting in accordance with a relevant authorisation.
(3) In paragraph (2), “relevant authorisation” means a requirement imposed or express authorisation given—
(a) with respect to a particular case or class of case, by a Minister of the Crown acting personally;
(b) with respect to a particular class of case by any of the statutory provisions mentioned in paragraph (5).
(4) In paragraph (1), “immigration functions” means functions exercisable by virtue of any of the statutory provisions mentioned in paragraph (5).
(5) Those statutory provisions are—
(a) the Immigration Acts (within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002 but excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to offences under Part III of that Act);
(b) the Special Immigration Appeals Commission Act 1997;
(c) provision made under section 2(2) of the European Communities Act 1972 which relates to immigration or asylum; and
(d) any provision of Community law which relates to immigration or asylum.
Article 20A does not apply to—
(a) a decision not to institute criminal proceedings and, where such a decision has been made, any act done for the purpose of enabling the decision whether to institute criminal proceedings to be made;
(b) where criminal proceedings are not continued as a result of a decision not to continue them, the decision and where such a decision has been made:
(i) any act done for the purpose of enabling the decision whether to continue the proceedings to be made; and
(ii) any act done for the purpose of securing that the proceedings are not continued.
(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 person who seeks to obtain or use those goods, facilities or services—
(a) by refusing or deliberately omitting to provide him with any of them; or
(b) by refusing or deliberately omitting to provide him with goods, facilities or services of the same quality, in the same manner and on the same terms as are normal in his case in relation to other members of the public or (where the person so seeking belongs to a section of the public) to other members of that section.
(1A) It is unlawful for any person concerned with the provision of goods, facilities or services as mentioned in paragraph (1), in relation to such provision, to subject to harassment—
(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.
(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 are permitted to enter;
(b) accommodation in a hotel, boarding 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.
(1) It is unlawful for a person with power to dispose of any premises to discriminate against another—
(a) in the terms on which he offers him those premises; or
(b) by refusing his application for those premises; or
(c) in his treatment of him in relation to any list of persons in need of premises of that description.
(2) Paragraph (1) does not apply to discrimination, on grounds other than those of race or ethnic or national origins, by a person who owns an estate in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he—
(a) uses the services of an estate agent; or
(b) publishes an advertisement or causes an advertisement to be published.
(3) It is unlawful for a person managing any premises to discriminate against a person occupying those premises—
(a) in the way he affords him access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or
(b) by evicting him, or subjecting him to any other detriment.
(3A) It is unlawful for a person, in relation to such premises as are referred to in paragraph (1) or (3), to subject to harassment a person who applies for or, as the case may be, occupies such premises.
(4) It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in a tenancy
(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.
(5) Paragraph (4) applies to tenancies created before as well as after the coming into operation of this Article.
(6) In this Article—
“dispose”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in a tenancy, includes—
assigning the tenancy, and
sub-letting or parting with possession of the premises or any part of the premises;
and “disposal” shall be construed accordingly;
“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; and
“tenancy” means a tenancy created—
by a lease or sub-lease,
by an agreement for a lease or sub-lease,
by a tenancy agreement, or
in pursuance of any statutory provision.
(7) This Article applies only in relation to premises in Northern Ireland.
(1) In relation to discrimination on grounds other than those of race or ethnic or national origins Where the conditions mentioned in paragraph (2) are satisfied—
(a) Article 21(1) does not apply to the provision by a person of accommodation in any premises;
(b) Article 22(1) does not apply to the disposal by a person of any premises;
(c) Article 22(4) does not apply to the withholding of any consent or licence.
(2) The conditions are that—
(a) the relevant occupier resides, and intends to continue to reside, on the premises;
(b) the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;
(c) the shared accommodation is not storage accommodation or a means of access; and
(d) the premises are small premises.
(3) For the purposes of this Article, premises are “small premises” if they fall within paragraph (4) or (5).
(4) Premises fall within this paragraph if—
(a) only the relevant occupier and members of his household reside in the accommodation occupied by him;
(b) the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household;
(c) the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and
(d) there are not normally more than two such other households.
(5) Premises fall within this paragraph if there is not normally residential accommodation on the premises for more than 6 persons in addition to the relevant occupier and any members of his household.
(6) For the purposes of this Article “the relevant occupier” means—
(a) in a case falling within Article 21(1), the person providing the accommodation or a near relative of his;
(b) in a case falling within Article 22(1), the person with power to dispose of the premises, or a near relative of his;
(c) in a case falling within Article 22(4) the person whose licence or consent is required for the disposal of the premises, or a near relative of his.
(7) For the purposes of this Article “near relative” means a person's spouse or civil partner , parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by marriage or civil partnership) .
(1) Articles 21 and 22 do not apply—
(a) to discrimination or harassment which is rendered unlawful by any provision of Part II or Article 18 or 19; or
(b) to discrimination which would be rendered unlawful by any provision of Part II but for any of the following provisions, namely Articles 6(3) and (5) 7A(1)(b) , 8(1)(b), 9(4), 11 and 16(3).
(2) Article 21(1) does not apply to anything done by a person as a participant in arrangements under which he (for reward or not) takes into his home, and treats as if they were members of his family, children, elderly persons, or persons requiring a special degree of care and attention.
(1) This Article applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—
(a) it has 25 or more members; and
(b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of Article 21(1); and
(c) it is not an organisation to which Article 13 applies.
(2) It is unlawful for an association to which this Article applies, in the case of a person who is not a member of the association, to discriminate against him—
(a) in the terms on which it is prepared to admit him to membership; or
(b) by refusing or deliberately omitting to accept his application for membership.
(3) It is unlawful for an association to which this Article applies, in the case of a person who is a member or associate of the association, to discriminate against him—
(a) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(b) in the case of a member, by depriving him of membership, or varying the terms on which he is a member; or
(c) in the case of an associate, by depriving him of his rights as an associate, or varying those rights; or
(d) in either case, by subjecting him to any other detriment.
(4) For the purposes of this Article—
(a) a person is a member of an association if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly;
(b) a person is an associate of an association to which this Article applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).
(5) Nothing in this Article shall render unlawful any act not involving discrimination on the ground of colour done by an association to which paragraph (6) applies.
(6) This paragraph applies to an association if the main object of the association is to enable the benefits of membership (whatever they may be) to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour.
(7) In determining whether that is the main object of an association regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons primarily enjoying the benefits of membership are of the racial group in question.
(1) It is unlawful for a barrister, in relation to taking any person as his pupil, to discriminate against a person—
(a) in the arrangements which he makes for the purpose of determining whom he will take as his pupil;
(b) in respect of any terms on which he offers to take any person as his pupil; or
(c) by refusing, or deliberately omitting, to take a person as his pupil.
(2) It is unlawful for a barrister, in relation to a person who is a pupil, to discriminate against him—
(a) in respect of any terms applicable to him as a pupil;
(b) in the opportunities for training, or gaining experience, which are afforded or denied to him;
(c) in the benefits, facilities or services which are afforded or denied to him; or
(d) by terminating the relationship or by subjecting him to any pressure to terminate the relationship or other detriment.
(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person or to subject any person to harassment .
(3A) It is unlawful for a barrister to subject to harassment a person who is, or has applied to be, his pupil.
(4) In this Article “pupil” has the meaning commonly associated with its use in the context of a person training as a barrister.
(1) Articles 18 to 20 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.
(1A) In its application in relation to granting entry clearance (within the meaning of the Immigration Act 1971) Article 20A applies in relation to acts done outside the United Kingdom, as well as those done within Northern Ireland.
(2) Article 21(1)—
(a) does not apply to goods, facilities or services outside Northern Ireland except as provided in paragraphs (3) and (4); 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.
(3) Article 21(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 (4).
(4) Article 21(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,
even if the ship, aircraft or hovercraft is outside Northern Ireland.
(5) 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.
(1) In this Article a “relevant relationship” is a relationship during the course of which, by virtue of any provision referred to in Article 3(1B), taken with Article 3(1) or (1A), or (as the case may be) by virtue of Article 4A—
(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.
(1) In this Article “discriminatory practice” means—
(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.
(1) It is unlawful to publish or to cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do an act of discrimination, whether the doing of that act by him would be lawful or, by virtue of Part II or III, unlawful.
(2) Paragraph (1) does not apply to an advertisement—
(a) if the intended act would be lawful by virtue of any of Articles 6(5), 8, 9(3) and (4), 12(3), 25(5), 34(3)(b), 35 to 38 and 40; or
(b) if the advertisement relates to the services of an employment agency (within the meaning of Article 16(1)) and the intended act only concerns employment which the employer could by virtue of Article 6(5), 8 or 9(3) or (4) lawfully refuse to offer to persons against whom the advertisement indicates an intention to discriminate.
(3) Paragraph (1) does not apply to an advertisement which indicates that persons of any class defined otherwise than by reference to colour, race or ethnic or national origins are required for employment outside Northern Ireland.
(4) The publisher of an advertisement made unlawful by paragraph (1) shall not be subject to any liability under that paragraph in respect of the publication of the advertisement if he proves—
(a) that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of paragraph (2) or (3), the publication would not be unlawful; and
(b) that it was reasonable for him to rely on the statement.
(5) A person who knowingly or recklessly makes a statement such as is mentioned in paragraph (4)(a) which in a material respect is false or misleading shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
It is unlawful for a person—
(a) who has authority over another person; or
(b) in accordance with whose wishes that other person is accustomed to act,
to instruct him to do any act which is unlawful by virtue of Part II or III or Article 72ZA , or procure or attempt to procure the doing by him of any such act.
(1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part II or III or Article 72ZA .
(2) An attempted inducement is not prevented from falling within paragraph (1) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.
(1) Anything done by a person in the course of his employment shall be treated for the purposes of this Order as done by his employer as well as by him, whether or not it was done with the employer's knowledge or approval.
(2) Anything done by a person as agent for another person with the authority of that other person shall be treated for the purposes of this Order as done by that other person as well as by him.
(3) Paragraph (2) applies whether the authority was—
(a) express or implied; or
(b) given before or after the act in question was done.
(4) Paragraphs (1) and (2) do not apply in relation to offences under this Order.
(5) In proceedings brought under this Order against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from—
(a) doing that act, or
(b) doing, in the course of his employment, acts of that description.
(1) A person who knowingly aids another person to do an act made unlawful by this Order shall be treated for the purposes of this Order as himself doing the same kind of unlawful act.
(2) For the purposes of paragraph (1) an employee or agent for whose act the employer or principal is liable under Article 32 (or would be so liable but for Article 32(5)) shall be taken to have aided the employer or principal to do the act.
(3) For the purposes of this Article, a person does not knowingly aid another to do an unlawful act if—
(a) he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Order, the act which he aids would not be unlawful; and
(b) it is reasonable for him to rely on the statement.
(4) A person who knowingly or recklessly makes a statement such as is mentioned in paragraph (3)(a) which in a material respect is false or misleading shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A provision which is contained in a charitable instrument and which provides for conferring benefits on persons of a class defined by reference to colour shall have effect for all purposes as if it provided for conferring the same benefits—
(a) on persons of the class which results if the restriction by reference to colour is disregarded; or
(b) where the original class is defined by reference to colour only, on persons generally.
(2) Nothing in paragraph (1) shall be taken to alter the effect of any provision as regards any time before the coming into operation of that paragraph.
(3) Nothing in Parts II to IV shall—
(a) affect any provision which is contained in a charitable instrument and which provides for conferring benefits on persons of a class defined otherwise than by reference to colour (including a class resulting from the operation of paragraph (1));
(b) render unlawful an act which is done in order to give effect to such a provision.
(3A) Sub-paragraph (3)(b) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of Article 6, 7 or 9.
(4) In this Article “charitable instrument” means a statutory provision or other instrument (whenever taking effect) so far as it relates to purposes which are exclusively charitable according to the law of Northern Ireland.
Nothing in Parts II to IV shall render unlawful any act done in affording persons of a particular racial group access to facilities or services to meet the special needs of persons of that group in regard to their education, training or welfare, or any ancillary benefits.
Nothing in Parts II to IV shall render unlawful any act done by a person on grounds other than those of race or ethnic or national origins, for the benefit of persons not ordinarily resident in Northern Ireland in affording them access to facilities for education or training or any ancillary benefits, where it appears to him that the persons in question do not intend to remain in Northern Ireland after their period of education or training there.
(1) The application of any requirement or condition to any person applying to fill a vacancy for employment where the requirement or condition is one that the person applying to fill the vacancy has not been in employment for a specified period of time is not be virtue of Article 3(1)(b) or 3(1A) unlawful under any provision of Parts II and IV.
(2) The Commission shall, on request, advise any person who proposes to apply any requirement or condition described in paragraph (1).
(3) In paragraph (1) “specified” means specified by the person applying the requirement or condition in question.
(1) Nothing in Parts II to IV shall render unlawful any act done in relation to particular work by any person in or in connection with—
(a) affording only persons of a particular racial group access to facilities for training which would help to fit them for that work; or
(b) encouraging only persons of a particular racial group to take advantage of opportunities for doing that work,
where it reasonably appears to that person that at any time within the 12 months immediately preceding the doing of the act—
(i) there were no persons of that group among those doing that work in Northern Ireland; or
(ii) the proportion of persons of that group among those doing that work in Northern Ireland was small in comparison with the proportion of persons of that group among the population of Northern Ireland.
(2) Where in relation to particular work it reasonably appears to any person that although the condition for the operation of paragraph (1) is not met for the whole of Northern Ireland it is met for an area within Northern Ireland, nothing in Parts II to IV shall render unlawful any act done by that person in or in connection with—
(a) affording persons who are of the racial group in question, and who appear likely to take up that work in that area, access to facilities for training which would help to fit them for that work; or
(b) encouraging persons of that group to take advantage of opportunities in the area for doing that work.
(3) Paragraphs (1) and (2) do not apply to any discrimination which is rendered unlawful by Article 6(1) or (2).
(4) Nothing in Parts II to IV shall render unlawful any act done by an employer in relation to particular work in his employment at a particular establishment in Northern Ireland, being an act done in or in connection with—
(a) affording only those of his employees working at that establishment who are of a particular racial group access to facilities for training which would help to fit them for that work; or
(b) encouraging only persons of a particular racial group to take advantage of opportunities for doing that work at that establishment,
where any of the conditions in paragraph (5) was satisfied at any time within the 12 months immediately preceding the doing of the act.
(5) Those conditions are—
(a) that there are no persons of the racial group in question among those doing that work at that establishment; or
(b) that the proportion of persons of that group among those doing that work at that establishment is small in comparison with the proportion of persons of that group—
(i) among all those employed by that employer there; or
(ii) among the population of the area from which that employer normally recruits persons for work in his employment at that establishment.
(6) Nothing in Article 13 shall render unlawful any act done by an organisation to which that Article applies in or in connection with—
(a) affording only members of the organisation who are of a particular racial group access to facilities for training which would help to fit them for holding a post of any kind in the organisation; or
(b) encouraging only members of the organisation who are of a particular racial group to take advantage of opportunities for holding such posts in the organisation,
where either of the conditions in paragraph (7) was satisfied at any time within 12 months immediately preceding the doing of the act.
(7) Those conditions are—
(a) that there are no persons of the racial group in question among persons holding such posts in that organisation; or
(b) that the proportion of persons of that group among those holding such posts in that organisation is small in comparison with the proportion of persons of that group among the members of the organisation.
(8) Nothing in Parts II to IV shall render unlawful any act done by an organisation to which Article 13 applies in or in connection with encouraging only persons of a particular racial group to become members of the organisation where at any time within the 12 months immediately preceding the doing of the act—
(a) no persons of that group were members of the organisation; or
(b) the proportion of persons of that group among members of the organisation was small in comparison with the proportion of persons of that group among those eligible for membership of the organisation.
(9) Articles 10 and 11 apply (meaning of employment at establishment in Northern Ireland) shall apply for the purposes of this Article as if this Article were contained in Part II.
Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other's nationality or place of birth or the length of time for which he has been resident in a particular area or place, if the act is done—
(a) in selecting one or more persons to represent a country, place or area, or any related association, in any sport or game; or
(b) in pursuance of the rules of any competition so far as they relate to eligibility to compete in any sport or game.
(1) References in this Order to the affording by any person of access to benefits, facilities or services are not limited to benefits, facilities or services provided by that person himself, but include any means by which it is in that person's power to facilitate access to benefits, facilities or services provided by any other person (the “actual provider”).
(2) Where by any provision of this Order the affording by any person of access to benefits, facilities or services in a discriminatory way is in certain circumstances prevented from being unlawful, the effect of the provision shall extend also to the liability under this Order of any actual provider.
(1) Nothing in Parts II to IV shall render unlawful any act of discrimination done—
(a) in pursuance of any statutory provision; or
(b) in order to comply with any condition or requirement imposed by a Minister of the Crown or government department by virtue of any statutory provision.
(1A) Paragraph (1) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of a provision referred to in Article 3(1B).
(2) Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other's nationality or place of ordinary residence or the length of time for which he has been present or resident in or outside the United Kingdom or an area within the United Kingdom, if that act is done—
(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.
(3) This Article applies whether the statutory provision, condition, requirement or arrangement in question was passed, made or imposed (as the case may be) before or after the making of this Order.
(1) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 46(1) to (1F) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police trainees).
(2) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 46(5) to (5F) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff).
No act done by any person shall be treated for the purposes of any provision of Parts II to IV as unlawfully discriminating if—
(a) the act is done for the purpose of safeguarding national security or protecting public safety or public order; and
(b) the doing of that act is justified by that purpose.
(1) This Article applies where in any proceedings—
(a) a person claims that an act discriminated against him in contravention of any provision of Parts II to IV; and
(b) the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the Secretary of State and certifying—
(i) that an act specified in the certificate was done for the purpose of safeguarding national security or protecting public safety or public order; and
(ii) that the doing of the act was justified by that purpose.
(2) The claimant may, in accordance with rules under section 91 of the Northern Ireland Act 1998, appeal against the certificate to the tribunal established under that section.
(3) If on an appeal under paragraph (2) that tribunal determines—
(a) that the act specified in the certificate was done for the certified purpose; and
(b) that the doing of the act was justified by that purpose,
the tribunal shall uphold the certificate; in any other case, the tribunal shall quash the certificate.
(4) If—
(a) the claimant does not appeal against the certificate; or
(b) the certificate is upheld on appeal,
the certificate shall be conclusive evidence of the matters certified by it.
(5) Sections 91 and 92 of the Northern Ireland Act 1998 shall apply in relation to appeals under this Article as they apply in relation to appeals under section 90 of that Act.
(6) In this Article—
“claim” includes complaint; and
“claimant” includes complainant.
The Race Relations (Northern Ireland) Order 1997 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/nisi-1997-869
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本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com