The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations “sexual orientation” means a sexual orientation towards —

(a) persons of the same sex;

(b) persons of the opposite sex;

(c) persons of the same sex and of the opposite sex.

(3) In these Regulations —

(a) references to discrimination are to any discrimination falling within regulation 3(1) (discrimination on the grounds of sexual orientation) or 4 (discrimination by way of victimisation); and

(b) references to harassment are to any harassment falling within regulation 3(3) (harassment),

and related expressions shall be construed accordingly.

(4) In these Regulations —

“access” shall be construed in accordance with regulation 48;

“act” includes a deliberate omission;

“benefits” includes facilities and services;

“the Commission” means the Equality Commission for Northern Ireland established by section 73 of the Northern Ireland Act 1998(2);

“Commissioner” means a member of the Commission;

“the Department” means the Office of the First Minister and deputy First Minister;

“education” means any form of training or instruction;

[F1 “final” shall be construed in accordance with regulation 2(5).]

“formal investigation” means an investigation under regulation 30;

“general notice”, in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

“Minister of the Crown” includes the Treasury and Defence Council;

“non-discrimination notice” means a notice under regulation 37;

“Northern Ireland” includes such of the territorial waters of the United Kingdom as are adjacent to Northern Ireland;

“Northern Ireland Minister” includes the First Minister and deputy First Minister acting jointly;

“notice” means a notice in writing;

“premises” includes land of any description;

[F2 “prescribed” means prescribed by regulations made by the Department.]

“school” has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986(3).

[F3 (5) For the purposes of these Regulations a non-discrimination notice or a finding by the court becomes final when —

(a) an appeal against the notice or finding is dismissed, withdrawn or abandoned; or

(b) the time for appealing expires without an appeal having been brought

and for the purposes of subparagraph (a) an appeal against a non-discrimination notice shall be taken to be dismissed if, notwithstanding that a requirement of the notice is quashed on appeal, a direction is given in respect of it under regulation 38.]

Textual Amendments

F1 Words in reg. 2(4) inserted (1.6.2007) by THE EQUALITY ACT (SEXUAL ORIENTATION) (AMENDMENT No 2) REGULATIONS (NORTHERN IRELAND) 2007 (S.R. 2007/261), regs. 1(2), 2(1)

F2 Words in reg. 2(4) inserted (1.6.2007) by THE EQUALITY ACT (SEXUAL ORIENTATION) (AMENDMENT No 2) REGULATIONS (NORTHERN IRELAND) 2007 (S.R. 2007/261), regs. 1(2), 2(2)

F3 Reg. 2(5) inserted (1.6.2007) by THE EQUALITY ACT (SEXUAL ORIENTATION) (AMENDMENT No 2) REGULATIONS (NORTHERN IRELAND) 2007 (S.R. 2007/261), regs. 1(2), 3

Commencement Information

I1 Reg. 2 in operation at 1.1.2007, see reg. 1(2)

(1)

1954 c.33 (NI)

(2)

1998 c.47

(3)

SI 1986/594 (N.I. 3)