The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Sex Discrimination (Northern Ireland) Order 1976 (“the 1976 Order”) to give full effect in Northern Ireland to Council Directive 2006/54/EC of 5th July 2006 (“the Directive”) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.

Regulation 3 provides for the omission of the definition of “provision, criterion or practice” in Article 2(2) of the 1976 Order.

Regulation 4 inserts a new Article 3A into the 1976 Order to create a single definition of indirect discrimination which applies to all provisions of the 1976 Order. The regulation also substitutes Article 3 of the 1976 Order so that Article 3 only contains a single definition of direct discrimination which applies to all provisions of the 1976 Order.

Regulation 7 inserts a new Article 4B into the 1976 Order. This Article extends the 1976 Order to cover indirect discrimination on the ground of gender reassignment in employment and occupation.

Regulations 5, 6 and 8 to 20 make minor amendments to the 1976 Order consequential on the substitution of Article 3 of the 1976 Order with new Articles 3 and 3A (regulation 4) and the insertion of new Article 4B (regulation 7).

Regulation 21 amends Article 3(3) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 consequential on the substitution of Article 3 of the 1976 Order with new Articles 3 and 3A (regulation 4).

Regulation 22 contains a transitional provision to deal with cases before the court at the time of commencement of the Regulations.