The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 (“the 1976 Order”) to give full effect in Northern Ireland to Articles 2(1)(b) (indirect discrimination) and 17(1) (Defence of rights) of Council Directive 2006/54/EC of 5^th July 2006 (“the Directive”) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).

Regulations 3 and 4 amend the definition of indirect discrimination in Articles 3(2)(b)(ii) and 5(1)(b)(ii) of the Order. The amendment makes clear that the provisions cover both persons who are put at a disadvantage by the discriminatory provision and those who would be put at such a disadvantage.

Regulation 5 amends Article 38 to clarify that an individual may take proceedings in respect of the discriminatory practices to which Article 38 applies.

Regulations 6 and 7 enable an individual to make a complaint to an industrial tribunal under Article 63 in respect of an act made unlawful by Article 40 or 41.

Regulations 8 and 9 enable an individual to make a claim and bring proceedings to a county court under Article 66 in respect of an act made unlawful by Article 40 or 41.

Regulation 10 amends Article 72 which deals with the enforcement of Articles 39 to 41. The amendment clarifies that proceedings under Articles 39 to 41 may be taken by an individual.

A Regulatory Impact Assessment of the effect these Regulations will have on business cost and a Transposition Note setting out how these Regulations transpose the Directive in Northern Ireland have been placed in the library of the Northern Ireland Assembly. Copies of each may be obtained from the Equality Directorate, Office of the First Minister and deputy First Minister, Room E3.18, Castle Buildings, Stormont Estate, Belfast BT4 3SR.