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Sex Discrimination (Northern Ireland) Order 1976
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Changes over time for: Section 44
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Sex Discrimination (Northern Ireland) Order 1976, Section 44 is up to date with all changes known to be in force on or before 26 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 44:
- Act amended by 1996 c. 46 s. 22
- Act amended by 1996 c. 46 s. 22
- Sch.3 rev. (prosp.) by 1998 c. 47 ss .99 100(2) Sch.13 para.2(4). Sch.15
- Sch.6 para.2 rev. (prosp.) by 1998 c. 47 s. 100(2) Sch.15
- Instrument am. (prosp.) by 1998 c. 17 s.50 Sch.4 para.13
- Instrument am. (prosp.) by 1998 c. 32 s.74(1) Sch.4 para.12
- Instrument rev. in pt. (saving) (prosp.) by 1998 c. 32 s.74(2) (3) Schs.5 6
- art.19(6)(aa) added (prosp.) by 1997 c. 50 s.134(1) Sch.9 para.37
- art.19(6)(aa) added (prosp.) by 1997 c. 50 s.134(1) Sch.9 para.37
- art.54(2) (3) (4) rev. (prosp.) by 1998 c. 47 ss .99 100(2) Sch.13 para.2(3)(b). Sch. 15
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 46 s. 22
- Act amended by 1996 c. 46 s. 22
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch.3 rev. (prosp.) by 1998 c. 47 ss .99 100(2) Sch.13 para.2(4). Sch.15
- Sch.6 para.2 rev. (prosp.) by 1998 c. 47 s. 100(2) Sch.15
- art.19(6)(aa) added (prosp.) by 1997 c. 50 s.134(1) Sch.9 para.37
- art.19(6)(aa) added (prosp.) by 1997 c. 50 s.134(1) Sch.9 para.37
- art.54(2) (3) (4) rev. (prosp.) by 1998 c. 47 ss .99 100(2) Sch.13 para.2(3)(b). Sch. 15
CharitiesN.I.
44.—(1) Nothing in Parts III to V 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.
(2) Paragraph (1) applies to a provision for conferring benefits on persons of one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which is contained in a charitable instrument.
[F1(2A) But paragraph (1) does not apply to discrimination under [F2Article 3, 3A or 4A] in its application to Articles 30 to 32 unless the conferral of benefits 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.]
(3) In this Article—
(a)“charitable instrument” means a statutory provision or other instrument passed or made for charitable purposes, or a statutory provision or other instrument so far as it relates to charitable purposes;
(b)“charitable purposes” means purposes which are exclusively charitable according to the law of Northern Ireland.
F1Art. 44(2A) inserted (6.4.2008) by Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), regs. 1(1), 2(2), Sch. 2 para. 11
F2Words in art. 44(2A) substituted (2.5.2016) by The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 17
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