OpenLegislation

Sex Discrimination (Northern Ireland) Order 1976

1976/1042 · Made 2 July 1976 · Extends to Northern Ireland

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2026.

See the changes not yet applied
ProvisionChangeMade by
ActamendedArmed Forces Act 1996 s. 22
art.19(6)(aa)added (prosp.)Police Act 1997 s.134(1), Sch.9, para.37
Instrumentam. (prosp.)Petroleum Act 1998 s.50, Sch.4, para.13
Instrumentam. (prosp.)Police (Northern Ireland) Act 1998 s.74(1), Sch.4, para.12
Instrumentrev. in pt. (saving) (prosp.)Police (Northern Ireland) Act 1998 s.74(2)(3), Schs.5,6
art 61ext in ptAnti-terrorism, Crime and Security Act 2001 s 17, Sch 4, Pt 2, para 55

2nd July 1976

Annotations to the whole text

Textual amendments

F1

function transf. by SR 1999/481

Modifications

C1

Order: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: DISCRIMINATION TO WHICH ORDER APPLIES
  5. 3Direct discrimination on the ground of sex
  6. 3AIndirect discrimination on the ground of sex
  7. 4Sex discrimination against men
  8. 4ADirect discrimination on the grounds of gender reassignment
  9. 4BIndirect discrimination on the ground of gender reassignment
  10. 5Discrimination against married persons and civil partners in employment field
  11. 5ADiscrimination on the ground of pregnancy or maternity leave
  12. 5BDiscrimination on the ground of pregnancy or maternity: goods, facilities, services or premises
  13. 6Discrimination by way of victimisation
  14. 6AHarassment, including sexual harassment
  15. 7Basis of comparison
  16. Part III: EMPLOYMENT FIELD
  17. Discrimination by employers
  18. 8Applicants and employees
  19. 8AException relating to terms and conditions during maternity leave
  20. 9Persons with statutory power to select employees for others
  21. 10Exception where sex is a genuine occupational qualification
  22. 10ACorresponding exception relating to gender reassignment
  23. 10BSupplementary exceptions relating to gender reassignment
  24. 11Equal Pay Act (Northern Ireland) 1970
  25. 12Contract workers
  26. 13Meaning of employment at establishment in Northern Ireland
  27. Discrimination against office holders etc.
  28. 13AOffices and posts to which Article 13B applies
  29. 13BOffice holders
  30. Discrimination by other bodies
  31. 14Partnerships
  32. 15Trade unions etc.
  33. 16Qualifying bodies
  34. 17Persons concerned with provision of vocational training
  35. 18Employment agencies
  36. Special cases
  37. 20Prison officers
  38. 21Ministers of religion etc.
  39. 22Midwives
  40. 22ARelationships which have come to an end
  41. 23Article 23
  42. Part IV: DISCRIMINATION IN OTHER FIELDS
  43. Education
  44. 24Bodies in charge of educational establishments
  45. 25Other discrimination by the Education Authority
  46. 26General duty in public sector of education
  47. 27Exception for single-sex establishments
  48. 28Exception for single-sex establishments turning co-educational
  49. Goods, facilities, services and premises
  50. 30Discrimination in provision of goods, facilities or services
  51. 31Discrimination in disposal or management of premises
  52. 32Discrimination: consent for assignment or sub-letting
  53. 33Exception for small dwellings
  54. 34Exception for political parties
  55. 35Exception for voluntary bodies
  56. 35AException for ceremonies or events to mark a marriage or civil partnership Repealed
  57. 36Further exceptions from Articles 30(1) and 31
  58. 36ZAExcluded matters
  59. 36ARelationships which have come to an end
  60. Extent
  61. 37Extent of Part IV
  62. Part V: OTHER UNLAWFUL ACTS
  63. 38Discriminatory practices
  64. 39Discriminatory advertisements
  65. 40Instructions to discriminate
  66. 41Pressure to discriminate
  67. 42Liability of employers and principals
  68. 43Aiding unlawful acts
  69. Part VI: GENERAL EXCEPTIONS FROM PARTS III TO V
  70. 43ASelection of election candidates
  71. 44Charities
  72. 45Sport etc.
  73. 46Insurance etc.
  74. 47Communal accommodation
  75. 48Discriminatory training by certain bodies
  76. 49Other discriminatory training etc.
  77. 50Trade unions etc.: elective bodies
  78. 51Indirect access to benefits etc.
  79. 52Acts done for purposes of protection of women
  80. 52AActs done under statutory authority to be exempt from certain provisions of Part IV
  81. 53Acts safeguarding national security, etc.
  82. 53ZAEffect of certificates by Secretary of State
  83. 53AConstruction of references to vocational training
  84. Part VII: EQUAL OPPORTUNITIES COMMISSION FOR NORTHERN IRELAND
  85. General
  86. 54Establishment and duties of Commission
  87. 55Research and education
  88. 56Review of discriminatory provisions in health and safety legislation
  89. Codes of practice
  90. 56ACodes of practice
  91. Investigations
  92. 57Power to conduct formal investigations
  93. 58Terms of reference
  94. 59Power to obtain information
  95. 60Recommendations and reports on formal investigations
  96. 61Restriction on disclosure of information
  97. Part VIII: ENFORCEMENT
  98. General
  99. 62Restriction of proceedings for breach of Order
  100. Enforcement in employment field
  101. 63Jurisdiction of industrial tribunals
  102. 63ABurden of proof: industrial tribunals
  103. 65Remedies on complaint under Article 63
  104. Enforcement of Part IV
  105. 66Claims under Part IV
  106. 66ABurden of proof: county court
  107. Non-discrimination notices
  108. 67Issue of non-discrimination notice
  109. 68Appeal against non-discrimination notice
  110. 69Investigation as to compliance with non-discrimination notice
  111. 70Register of non-discrimination notices
  112. Other enforcement by Commission
  113. 71Persistent discrimination
  114. 72Enforcement of Articles 39 to 41
  115. 73Preliminary action in employment cases
  116. Help for persons suffering discrimination
  117. 74Help for aggrieved persons in obtaining information etc.
  118. 75Assistance by Commission
  119. Period within which proceedings to be brought
  120. 76Period within which proceedings to be brought
  121. 76AExtension of time limit: mediation Repealed
  122. IXSUPPLEMENTAL
  123. 77Validity and revision of contracts
  124. 77ACollective agreements and rules of undertakings
  125. 78Educational charities
  126. 79Power to amend certain provisions of Order
  127. 80Orders and regulations
  128. 81Transitional provisions; amendments and repeals
  129. 82Application to Crown
  130. 84The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
  131. 85Other police bodies
  132. Schedule Schedule
  133. Schedule 2: TRANSITIONAL EXEMPTION ORDERS FOR EDUCATIONAL ADMISSIONS
  134. 1Paragraph 1
  135. 2Paragraph 2
  136. 3Paragraph 3
  137. 4Paragraph 4
  138. Schedule Schedule
  139. Schedule 4: STATUTORY PROVISIONS RELEVANT FOR PURPOSES OF ARTICLE 56
  140. 1Paragraph 1
  141. 2Paragraph 2
  142. 3Paragraph 3
  143. Schedule 5: TRANSITIONAL PROVISIONS
  144. Paragraph
  145. 3Paragraph 3
  146. Paragraph
  147. 6Paragraph 6
  148. Schedule Schedule
  149. Schedule Schedule