Fair Employment (Northern Ireland) Act 1976 (repealed 1.3.1999)

50 Application of Act to the Crown. N.I.

(1) Subject to sections 51 to 54, this Act [F1 and Part I of the Fair Employment (Northern Ireland) Act 1989] applies—

(a) to an act done by or for purposes of a Minister of the Crown or a government department, or

(b) to an act done on behalf of the Crown by a statutory body or a person holding a statutory office, or

(c) to an act done by a member of Her Majesty’s forces acting as such,

as it applies to an act done by a private person.

(2) For the purposes of subsection (1), in this Act [F1 and Part I of the Fair Employment (Northern Ireland) Act 1989]—

(a) references to employment include references to—

(i) service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, and

(ii) service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body, and

(iii) service as a member of Her Majesty’s forces;

(b) references to a contract of employment include references to the terms of such service;

(c) references to an employee include references to a person who is seeking to become engaged in such service, who is in such service or who has ceased to be in such service; and

(d) references to an employer, in relation to an employee, include references to (as the case requires) the authority with power to appoint him, to fix his terms of service, to afford him any benefit, to dismiss him or to subject him to any detriment.

(3) Subsection (2) of section 49 (or that subsection as it has effect by virtue of an order under subsection (3) of that section) shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of Northern Ireland as it has effect in relation to a ship, aircraft or hovercraft mentioned in paragraph (a) or (b) of that subsection; and that subsection shall not have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of the United Kingdom.

(4) In this section and sections 51, 52 and 54 references to the Crown include it both in right of the Government of the United Kindom and in right of the Government of Northern Ireland; and—

(a) in this section and section 54 references to Her Majesty’s forces are references to—

(i) the naval, military or air forces of the Crown, . . . F2

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

but do not include references to any cadet training corps for the time being administered by the Ministry of Defence; and

(b) in this section service “for purposes of” a Minister of the Crown or government department does not include service in any office in Schedule 2 (Ministerial offices) to the M1 House of Commons Disqualification Act 1975 as for the time being in force.

Textual Amendments

F1 Words inserted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 14

F2 S. 50(4)(a)(ii) and the word “and” immediately preceding it repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5

Marginal Citations

M1 1975 c. 24.