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Sex Discrimination (Northern Ireland) Order 1976
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- 01/01/2006- Amendment
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Sex Discrimination (Northern Ireland) Order 1976, Section 72 is up to date with all changes known to be in force on or before 13 November 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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Enforcement of Articles 39 to 41N.I.
72.—(1) Proceedings in respect of a contravention of Article 39, 40 or 41 [F1may be brought] by the Commission in accordance with the following provisions of this Article.
(2) The proceedings shall be—
(a)an application for a decision whether the alleged contravention occurred, or
(b)an application under paragraph (4),
or both.
(3) An application under paragraph (2)( a) shall be made—
(a)in a case based on any provision of Part III, to an industrial tribunal, and
(b)in any other case to a county court.
(4) If it appears to the Commission—
(a)that a person has done an act which by virtue of Article 39, 40 or 41 was unlawful, and
(b)that unless restrained he is likely to do further acts which by virtue of that Article are unlawful,
the Commission may apply to a county court for an injunction restraining him from doing such acts; and the court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or more limited terms.
(5) In proceedings under paragraph (4) the Commission shall not allege that the person to whom the proceedings relate has done an act which is unlawful under this Order and within the jurisdiction of an industrial tribunal unless a finding by an industrial tribunal that he did that act has become final.
F1Words in art. 72(1) substituted (31.3.2011) by Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/156), reg. 10
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