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The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006
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- Northern Ireland Statutory Rules
- 2006 No. 439
- Regulation 9
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 9:
- reg. 9 coming into force by S.R. 2006/439 reg. 1(2)
Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:
Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
- reg. 2(5) inserted by S.R. 2007/261 reg. 3
- reg. 16(5)(c) and word inserted by S.I. 2019/1514 reg. 163(2)
- reg. 16(5)(ba) inserted by S.I. 2020/742 reg. 14(1)(a)
- reg. 16(5A) inserted by S.I. 2019/1514 reg. 163(3)
- reg. 16(5A)(a) words substituted by S.I. 2020/742 reg. 14(1)(b)
Prospective
Bodies in charge of education establishmentsN.I.
This section has no associated Explanatory Memorandum
9.—(1) It is unlawful, in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body”) to discriminate against a person —
(a)in the terms on which it offers to admit him to the establishment as a pupil; or
(b)by refusing or deliberately omitting to accept an application for his admission to the establishment as a pupil; or
(c)where he is a pupil of the establishment —
(i)in the way that it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or
(ii)by excluding him from the establishment or subjecting him to any other detriment.
| Establishment | Responsible Body |
| 1. Educational establishment which is grant aided. | Education and library board or managers or governing body according to which of them has the function in question. |
| 2. Independent school. | Proprietor. |
| 3. University. | Governing Body. |
| 4. An establishment providing further education in respect of which grants are paid under Regulation 5(1)(b) of the Further Education (Northern Ireland) Order 1997.(1) | Governing Body. |
5. A college of education — maintained in pursuance of arrangements made by the Department of Education under Regulation 66(1) of the Education and Libraries (Northern Ireland) Order 1986; in respect of which grants are paid by the Department of Education under Regulation 66(2) or (3) of that order. | (a) the Department of Education; (b) the Managers. |
(2) It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in paragraph (1), to subject to harassment —
(a)a person who applies for admission to the establishment as a pupil; or
(b)a pupil at the establishment.
(3) Subject to paragraph (4), words and expressions used in this regulation, regulation 10 or regulation 11 to which a meaning is assigned by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 have the same meaning as in the 1986 Order.
(4) In this regulation “pupil” includes any person who receives an education at an establishment to which this regulation applies.
Commencement Information
I1Reg. 9 in operation at 1.1.2007, see reg. 1(2)
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