Northern Ireland Constitution Act 1973

19 Discrimination by public authorities. U.K.

(1) [F1 Subject to subsection (4) below] it shall be unlawful for a Minister of the Crown, a member of the Northern Ireland Executive or other person appointed under section 8 above, the Post Office and any authority or body listed in Schedule 2 to the M1 Parliamentary Commissioner Act 1967, Schedule 1 to the M2 Parliamentary Commissioner Act (Northern Ireland) 1969 or Schedule 1 to the M3 Commissioner for Complaints Act (Northern Ireland) 1969 to discriminate, or aid, induce or incite another to discriminate, in the discharge of functions relating to Northern Ireland against any person or class of persons on the ground of religious belief or political opinion.

(2) The obligation to comply with subsection (1) above is a duty owed to any person who may be adversely affected by a contravention of that subsection, and any breach of that duty is actionable in Northern Ireland accordingly.

(3) Without prejudice to the right of any person apart from this subsection to claim an injunction restraining another from continuing or repeating any act which is unlawful by virtue of subsection (1) above, the plaintiff may in an action in respect of an act alleged to be unlawful as aforesaid claim any such injunction as is mentioned below on the grounds—

(a) that the act was done by the defendant and was unlawful as aforesaid;

(b) that the defendant had previously done such unlawful acts of the same kind as, or of a similar kind to, that act; and

(c) that he is likely, unless restrained by order of the court, to do further acts of the same or of a similar kind;

and the court may, if satisfied as to those grounds and whether or not damages are awarded, grant such injunction as appears to the court to be proper in all the circumstances, being an injunction restraining the defendant from doing, or causing or permitting others to do, further acts of the same or a similar kind.

[F2 (4) This section does not apply to any act or omission which is unlawful by virtue of the M4 Fair Employment (Northern Ireland) Act 1976 or would be unlawful but for some exception made by virtue of Part V of that Act.]]

Textual Amendments

F1 Words inserted by Fair Employment (Northern Ireland) Act 1976 (c. 25, SIF 43:1), Sch. 6 para. 1(a)

F2 S. 19(4) inserted by Fair Employment (Northern Ireland) Act 1976 (c. 25, SIF 43:1), Sch. 6 para. 1(b)

Modifications etc. (not altering text)

C1 S. 19 extended by S.I. 1982/713 (N.I. 10), Sch. 1 para. 1(2)

C2 S. 19 explained by S.I. 1986/2232 (N.I. 25), art. 3(9), S.I. 1989/2413 (N.I. 22) art. 3(2), Sch. para. 9

C3 S. 19(1) extended by S.I. 1973/2095, art. 4

Marginal Citations

M1 1967 c. 13.

M2 1969 c. 10 (N.I.)

M3 1969 c. 25 (N.I.)

M4 1976 c. 25.