Sex Discrimination (Northern Ireland) Order 1976

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II DISCRIMINATION TO WHICH ORDER APPLIES

   1. 3. Direct discrimination on the ground of sex

   2. 3A. Indirect discrimination on the ground of sex

   3. 4. Sex discrimination against men

   4. 4A. Direct discrimination on the grounds of gender reassignment

   5. 4B. Indirect discrimination on the ground of gender reassignment

   6. 5. Discrimination against married persons and civil partners in employment field

   7. 5A. Discrimination on the ground of pregnancy or maternity leave

   8. 5B. Discrimination on the ground of pregnancy or maternity: goods, facilities, services or premises

   9. 6. Discrimination by way of victimisation

   10. 6A. Harassment, including sexual harassment

   11. 7. Basis of comparison

4. PART III EMPLOYMENT FIELD

   1. Discrimination by employers

      1. 8. Applicants and employees

      2. 8A. Exception relating to terms and conditions during maternity leave

      3. 9. Persons with statutory power to select employees for others

      4. 10. Exception where sex is a genuine occupational qualification

      5. 10A. Corresponding exception relating to gender reassignment

      6. 10B. Supplementary exceptions relating to gender reassignment

      7. 11. Equal Pay Act (Northern Ireland) 1970

      8. 12. Contract workers

      9. 13. Meaning of employment at establishment in Northern Ireland

   2. Discrimination against office holders etc.

      1. 13A. Offices and posts to which Article 13B applies

      2. 13B. Office holders

   3. Discrimination by other bodies

      1. 14. Partnerships

      2. 15. Trade unions etc.

      3. 16. Qualifying bodies

      4. 17. Persons concerned with provision of vocational training

      5. 18. Employment agencies

   4. Special cases

      1. Art. 19 rep. by 2000 c. 32

      2. 20. Prison officers

      3. 21. Ministers of religion etc.

      4. 22. Midwives

      5. 22A. Relationships which have come to an end

      6. 23. Para. (1) rep. by 1990 NI 2 Para. (2) rep....

5. PART IV DISCRIMINATION IN OTHER FIELDS

   1. Education

      1. 24. Bodies in charge of educational establishments

      2. 25. Other discrimination by the Education Authority

      3. 26. General duty in public sector of education

      4. 27. Exception for single-sex establishments

      5. 28. Exception for single-sex establishments turning co-educational

      6. Art. 29 rep. by SR 2005/426

   2. Goods, facilities, services and premises

      1. 30. Discrimination in provision of goods, facilities or services

      2. 31. Discrimination in disposal or management of premises

      3. 32. Discrimination: consent for assignment or sub-letting

      4. 33. Exception for small dwellings

      5. 34. Exception for political parties

      6. 35. Exception for voluntary bodies

      7. 35A. Exception for ceremonies or events to mark a marriage or civil partnership

      8. 36. Further exceptions from Articles 30(1) and 31

      9. 36ZA. Excluded matters

      10. 36A. Relationships which have come to an end

   3. Extent

      1. 37. Extent of Part IV

6. PART V OTHER UNLAWFUL ACTS

   1. 38. Discriminatory practices

   2. 39. Discriminatory advertisements

   3. 40. Instructions to discriminate

   4. 41. Pressure to discriminate

   5. 42. Liability of employers and principals

   6. 43. Aiding unlawful acts

7. PART VI GENERAL EXCEPTIONS FROM PARTS III TO V

   1. 43A. Selection of election candidates

   2. 44. Charities

   3. 45. Sport etc.

   4. 46. Insurance etc.

   5. 47. Communal accommodation

   6. 48. Discriminatory training by certain bodies

   7. 49. Other discriminatory training etc.

   8. 50. Trade unions etc.: elective bodies

   9. 51. Indirect access to benefits etc.

   10. 52. Acts done for purposes of protection of women

   11. 52A. Acts done under statutory authority to be exempt from certain provisions of Part IV

   12. 53. Acts safeguarding national security, etc.

   13. 53ZA. Effect of certificates by Secretary of State

   14. 53A. Construction of references to vocational training

8. PART VII EQUAL OPPORTUNITIES COMMISSION FOR NORTHERN IRELAND

   1. General

      1. 54. Establishment and duties of Commission

      2. 55. Research and education

      3. 56. Review of discriminatory provisions in health and safety legislation

   2. Codes of practice

      1. 56A. Codes of practice

   3. Investigations

      1. 57. Power to conduct formal investigations

      2. 58. Terms of reference

      3. 59. Power to obtain information

      4. 60. Recommendations and reports on formal investigations

      5. 61. Restriction on disclosure of information

9. PART VIII ENFORCEMENT

   1. General

      1. 62. Restriction of proceedings for breach of Order

   2. Enforcement in employment field

      1. 63. Jurisdiction of industrial tribunals

      2. 63A. Burden of proof: industrial tribunals

      3. Art. 64 rep. by 1996 NI 18

      4. 65. Remedies on complaint under Article 63

   3. Enforcement of Part IV

      1. 66. Claims under Part IV

      2. 66A. Burden of proof: county court

   4. Non-discrimination notices

      1. 67. Issue of non-discrimination notice

      2. 68. Appeal against non-discrimination notice

      3. 69. Investigation as to compliance with non-discrimination notice

      4. 70. Register of non-discrimination notices

   5. Other enforcement by Commission

      1. 71. Persistent discrimination

      2. 72. Enforcement of Articles 39 to 41

      3. 73. Preliminary action in employment cases

   6. Help for persons suffering discrimination

      1. 74. Help for aggrieved persons in obtaining information etc.

      2. 75. Assistance by Commission

   7. Period within which proceedings to be brought

      1. 76. Period within which proceedings to be brought

      2. 76A. Extension of time limit: mediation

10. PART IX SUPPLEMENTAL

    1. 77. Validity and revision of contracts

    2. 77A. Collective agreements and rules of undertakings

    3. 78. Educational charities

    4. 79. Power to amend certain provisions of Order

    5. 80. Orders and regulations

    6. 81. Transitional provisions; amendments and repeals

    7. 82. Application to Crown

    8. Art. 83 rep. by SR 2005/426

    9. 84. The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve

    10. 85. Other police bodies

11. SCHEDULES

    1. Schedule 1 Part I—Amendments; Part II sets out 1970 c.32 ( NI ) as amended...

    2. SCHEDULE 2

       TRANSITIONAL EXEMPTION ORDERS FOR EDUCATIONAL ADMISSIONS

       1. 1. Any application for a transitional exemption order made by the responsible body in relation to...

       2. 2. An application under paragraph 1 shall specify the transitional period proposed by the responsible body...

       3. 3. The Department of Education on any application under paragraph 1 may make a transitional exemption...

       4. 4. The Commission on any application under paragraph 1 may if it thinks fit make a...

    3. Schedule 3 rep. by 1998 c. 47

    4. SCHEDULE 4

       STATUTORY PROVISIONS RELEVANT FOR PURPOSES OF ARTICLE 56

       1. 1. The provisions of the Acts mentioned in the following table which are specified in the...

       2. 2. The provisions of any regulations, orders or other instruments of a legislative character made or...

       3. 3. The provisions of Part II of the Health and Safety at Work (Northern Ireland) Order...

    5. SCHEDULE 5

       TRANSITIONAL PROVISIONS

       1. Paras.1, 2 spent

       2. Paras.1, 2 spent

       3. 3. (1) Until a date specified by order made by the Department of Health and Social...

       4. Paras.4, 5 spent

       5. Paras.4, 5 spent

       6. 6. (1) Section 6 of the Equal Pay Act (Northern Ireland) 1970 (as amended by paragraph...

    6. Schedule 6—Amendments

    7. Schedule 7—Repeals