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The Fair Employment and Treatment (Northern Ireland) Order 1998

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 1998, ISBN 0110798740

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under the Northern Ireland Act 1974, Schedule 1 paragraph 1(4)(a), for approval by resolution of each House of Parliament.

NORTHERN IRELAND

Made 1998

Coming into operation on days to be appointed under Article 1(2)

At the Court at , the day of 1998

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the 1974 c. 28.Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Contents

  1. Part I: INTRODUCTORY
  2. Title and commencement
  3. 1Title and commencement
  4. Interpretation
  5. 2General interpretation
  6. 3“Discrimination” and “unlawful discrimination”
  7. 4“Affirmative action”
  8. 5“Equality of opportunity”
  9. 6“Employment in Northern Ireland” and “occupation in Northern Ireland”
  10. Part II: FUNCTIONS OF THE EQUALITY COMMISSION
  11. Principal functions of Commission
  12. 7General duty of Commission
  13. 8Educational and advisory functions
  14. 9Codes of practice
  15. 10Identification of patterns and trends of employment, etc.
  16. 11Investigation of practices
  17. Undertakings or directions for promoting equality of opportunity
  18. 12Undertaking following investigation under Article 11
  19. 13Voluntary undertakings
  20. 14Directions under Articles 12 and 13
  21. Appeals and legal proceedings in relation to undertakings and directions
  22. 15Appeal to Tribunal against directions under Article 12 or 13
  23. 16Order of Tribunal to enforce undertaking or directions
  24. 17Failure to comply with order of Tribunal
  25. Restriction on disclosure of information
  26. 18Restriction on disclosure of information
  27. Part III: DISCRIMINATION IN THE EMPLOYMENT FIELD
  28. Discrimination in the employment field
  29. 19Discrimination against applicants and employees
  30. 20Discrimination against contract workers
  31. 21Discrimination by persons with statutory power to select employees for others
  32. 22Discrimination by employment agencies
  33. 23Discrimination by vocational organisations
  34. 24Discrimination by persons providing training services
  35. 25Discrimination by persons with power to confer qualifications
  36. Discrimination by partnerships
  37. 26Discrimination by partnerships
  38. Part IV: DISCRIMINATION IN OTHER FIELDS
  39. Further and higher education
  40. 27Discrimination by bodies in charge of further and higher educational establishments
  41. Goods, facilities, services and premises
  42. 28Discrimination in provision of goods, facilities or services
  43. 29Discrimination in disposal or management of premises
  44. 30Exception from Articles 28(1) and 29; small dwellings
  45. 31Further exceptions from Articles 28(1) and 29
  46. Barristers
  47. 32Discrimination by, or in relation to, barristers
  48. Extent
  49. 33Extent of Part IV
  50. Part V: OTHER UNLAWFUL ACTS
  51. 34Discriminatory advertisements
  52. 35Accessories and incitement
  53. 36Liability of employers and principals
  54. Part VI: ENFORCEMENT OF PARTS III TO V
  55. General
  56. 37Restriction on proceedings for breach of this Order
  57. Enforcement of Part III
  58. 38Complaint to Tribunal
  59. 39Remedies on complaint under Article 38
  60. Enforcement of Part IV
  61. 40Claims under Part IV
  62. Other enforcement by Commission
  63. 41Persistent discrimination
  64. 42Enforcement of Article 34
  65. 43Undertakings by persons contravening Part IV
  66. Help for persons suffering discrimination
  67. 44Help for aggrieved persons in obtaining information, etc.
  68. 45Advice and assistance from Commission
  69. Period within which proceedings must be brought
  70. 46Period within which proceedings must be brought
  71. Part VII: DUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES
  72. Registration
  73. 47The register of concerns in which people are employed
  74. 48Employers to apply for registration
  75. 49Rectification of the register
  76. Public authorities
  77. 50Power to specify public authorities by order
  78. 51Certain public authorities to be treated as employers
  79. Monitoring the workforce
  80. 52Monitoring returns
  81. 53Regulations as to monitoring
  82. 54Monitoring applicants
  83. Review of recruitment, training and promotion practices
  84. 55Periodic reviews by employers
  85. Enquiries, undertakings and directions
  86. 56Enquiries by the Commission
  87. 57Undertakings in connection with monitoring and reviews
  88. 58Directions
  89. 59Application of Articles 15 to 17
  90. Goals and timetables
  91. 60Notices about goals and timetables
  92. 61Power to secure further undertakings or issue further directions
  93. Employers in default and connected persons: restrictions on dealing with them or giving them financial assistance
  94. 62Employers in default: notice stating they are not qualified
  95. 63Notice stating that connected and other persons are not qualified
  96. 64Restriction on execution of works, etc. by unqualified persons
  97. 65Enforcement at instance of Commission and actions for breach of duty
  98. 66Denial of financial assistance to unqualified persons
  99. General
  100. 67Additional powers of Commission to obtain information
  101. 68Procedure in case of default by Crown bodies
  102. 69Interpretation of this Part
  103. Part VIII: EXCEPTIONS
  104. 70Excepted employments, etc.
  105. 71School teachers
  106. 72Provision of training in pursuance of affirmative action
  107. 73Redundancy
  108. 74Measures to encourage applications, etc. from under-represented community
  109. 75Selection of unemployed persons
  110. 76Religion specific training
  111. 77Charities
  112. 78Acts done under statutory authority
  113. 79Acts safeguarding national security, etc.
  114. 80Effect of certificates by Secretary of State
  115. Part IX: THE FAIR EMPLOYMENT TRIBUNAL
  116. Constitution
  117. 81The Fair Employment Tribunal
  118. 82President, Vice-President and Chairmen
  119. 83Remuneration and allowances
  120. Procedure
  121. 84Tribunal procedure
  122. 85Procedure for matters within jurisdiction of industrial tribunal
  123. 86Interest on awards of compensation
  124. 87Enforcement
  125. Other methods of dispute resolution
  126. 88Conciliation
  127. 89Labour Relations Agency arbitration scheme
  128. Appeals
  129. 90Appeals from Tribunal
  130. Part X: APPLICATION TO THE CROWN, THE POLICE AND PUBLIC AUTHORITIES
  131. 91Application to the Crown
  132. 92Proceedings against the Crown
  133. 93Disclosure of information by Crown for purposes of investigation or proceedings
  134. 94Application to the police
  135. 95Procedure following investigation under Article 11 in relation to certain public authorities
  136. Part XI: MISCELLANEOUS AMENDMENTS
  137. Amendment of the Sex Discrimination (Northern Ireland) Order 1976
  138. 96Acts safeguarding national security, etc.
  139. Amendment of the Race Relations (Northern Ireland) Order 1997
  140. 97Selection of unemployed persons
  141. 98Acts safeguarding national security, etc.
  142. Part XII: SUPPLEMENTARY
  143. 99Power of High Court to revise contracts
  144. 100Restrictions on contracting out
  145. 101Power to amend this Order
  146. 102Offences by bodies corporate and partnerships
  147. 103Service of documents
  148. 104Regulations and orders
  149. 105Amendments, transitional provisions, savings and repeals
  150. Signature
  151. Schedule 1: CODES OF PRACTICE
  152. Part I: ISSUE OF CODE OF PRACTICE UNDER ARTICLE 9(3)
  153. 1Paragraph 1
  154. Part II: CODES OF PRACTICE — GENERAL
  155. Revision of a code of practice
  156. 2Paragraph 2
  157. Publication
  158. 3Paragraph 3
  159. Effect of code of practice
  160. 4Paragraph 4
  161. 5Paragraph 5
  162. Schedule 2: CONDUCT OF INVESTIGATIONS BY THE COMMISSION
  163. Preliminary
  164. 1Paragraph 1
  165. Notices
  166. 2Paragraph 2
  167. Procedure
  168. 3Paragraph 3
  169. 4Paragraph 4
  170. 5Paragraph 5
  171. Information and evidence
  172. 6Paragraph 6
  173. 7Paragraph 7
  174. 8Paragraph 8
  175. Obstruction and contempt
  176. 9Paragraph 9
  177. Expenses
  178. 10Paragraph 10
  179. Schedule 3: AMENDMENTS
  180. The Parliamentary Commissioner Act 1967 (c. 13)
  181. The Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (c. 7 (N.I.))
  182. The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)
  183. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6)
  184. The Judicial Pensions and Retirement Act 1993 (c. 8)
  185. The Education and Libraries (Northern Ireland) Order 1993 (NI 12)
  186. The Ombudsman (Northern Ireland) Order 1996 (NI 8)
  187. The Employment Rights (Northern Ireland) Order 1996 (NI 16)
  188. The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)
  189. The Race Relations (Northern Ireland) Order 1997 (NI 6)
  190. The Northern Ireland Act
  191. Schedule 4: TRANSITIONAL PROVISIONS AND SAVINGS
  192. Article 26 and Part IV
  193. 1Paragraph 1
  194. National security certificates
  195. 2Paragraph 2
  196. 3Paragraph 3
  197. 4Paragraph 4
  198. Devolution order under section 3 of the Northern Ireland Act 1998
  199. 5Paragraph 5
  200. The Commission
  201. 6Paragraph 6
  202. The Police (Northern Ireland) Act 1998 (1998 c. 32)
  203. 7Paragraph 7
  204. Schedule 5REPEALS
  205. Explanatory note