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Sex Discrimination (Northern Ireland) Order 1976, Section 21 is up to date with all changes known to be in force on or before 17 August 2024. 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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21.—(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,
F2(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(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.]
F1SR 2005/426
F2Art. 21(3)(ca) omitted (1.9.2020) by virtue of The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 14(2)(a)
F3Art. 21(3)(cb) omitted (1.9.2020) by virtue of The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 14(2)(a)
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