Sex Discrimination (Northern Ireland) Order 1976
1976/1042 · Made 2 July 1976 · Extends to Northern Ireland
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
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: DISCRIMINATION TO WHICH ORDER APPLIES
- 3Direct discrimination on the ground of sex
- 3AIndirect discrimination on the ground of sex
- 4Sex discrimination against men
- 4ADirect discrimination on the grounds of gender reassignment
- 4BIndirect discrimination on the ground of gender reassignment
- 5Discrimination against married persons and civil partners in employment field
- 5ADiscrimination on the ground of pregnancy or maternity leave
- 5BDiscrimination on the ground of pregnancy or maternity: goods, facilities, services or premises
- 6Discrimination by way of victimisation
- 6AHarassment, including sexual harassment
- 7Basis of comparison
- Part III: EMPLOYMENT FIELD
- Discrimination by employers
- 8Applicants and employees
- 8AException relating to terms and conditions during maternity leave
- 9Persons with statutory power to select employees for others
- 10Exception where sex is a genuine occupational qualification
- 10ACorresponding exception relating to gender reassignment
- 10BSupplementary exceptions relating to gender reassignment
- 11Equal Pay Act (Northern Ireland) 1970
- 12Contract workers
- 13Meaning of employment at establishment in Northern Ireland
- Discrimination against office holders etc.
- 13AOffices and posts to which Article 13B applies
- 13BOffice holders
- Discrimination by other bodies
- 14Partnerships
- 15Trade unions etc.
- 16Qualifying bodies
- 17Persons concerned with provision of vocational training
- 18Employment agencies
- Special cases
- 20Prison officers
- 21Ministers of religion etc.
- 22Midwives
- 22ARelationships which have come to an end
- 23Article 23
- Part IV: DISCRIMINATION IN OTHER FIELDS
- Education
- 24Bodies in charge of educational establishments
- 25Other discrimination by the Education Authority
- 26General duty in public sector of education
- 27Exception for single-sex establishments
- 28Exception for single-sex establishments turning co-educational
- Goods, facilities, services and premises
- 30Discrimination in provision of goods, facilities or services
- 31Discrimination in disposal or management of premises
- 32Discrimination: consent for assignment or sub-letting
- 33Exception for small dwellings
- 34Exception for political parties
- 35Exception for voluntary bodies
- 35AException for ceremonies or events to mark a marriage or civil partnership Repealed
- 36Further exceptions from Articles 30(1) and 31
- 36ZAExcluded matters
- 36ARelationships which have come to an end
- Extent
- 37Extent of Part IV
- Part V: OTHER UNLAWFUL ACTS
- 38Discriminatory practices
- 39Discriminatory advertisements
- 40Instructions to discriminate
- 41Pressure to discriminate
- 42Liability of employers and principals
- 43Aiding unlawful acts
- Part VI: GENERAL EXCEPTIONS FROM PARTS III TO V
- 43ASelection of election candidates
- 44Charities
- 45Sport etc.
- 46Insurance etc.
- 47Communal accommodation
- 48Discriminatory training by certain bodies
- 49Other discriminatory training etc.
- 50Trade unions etc.: elective bodies
- 51Indirect access to benefits etc.
- 52Acts done for purposes of protection of women
- 52AActs done under statutory authority to be exempt from certain provisions of Part IV
- 53Acts safeguarding national security, etc.
- 53ZAEffect of certificates by Secretary of State
- 53AConstruction of references to vocational training
- Part VII: EQUAL OPPORTUNITIES COMMISSION FOR NORTHERN IRELAND
- General
- 54Establishment and duties of Commission
- 55Research and education
- 56Review of discriminatory provisions in health and safety legislation
- Codes of practice
- 56ACodes of practice
- Investigations
- 57Power to conduct formal investigations
- 58Terms of reference
- 59Power to obtain information
- 60Recommendations and reports on formal investigations
- 61Restriction on disclosure of information
- Part VIII: ENFORCEMENT
- General
- 62Restriction of proceedings for breach of Order
- Enforcement in employment field
- 63Jurisdiction of industrial tribunals
- 63ABurden of proof: industrial tribunals
- 65Remedies on complaint under Article 63
- Enforcement of Part IV
- 66Claims under Part IV
- 66ABurden of proof: county court
- Non-discrimination notices
- 67Issue of non-discrimination notice
- 68Appeal against non-discrimination notice
- 69Investigation as to compliance with non-discrimination notice
- 70Register of non-discrimination notices
- Other enforcement by Commission
- 71Persistent discrimination
- 72Enforcement of Articles 39 to 41
- 73Preliminary action in employment cases
- Help for persons suffering discrimination
- 74Help for aggrieved persons in obtaining information etc.
- 75Assistance by Commission
- Period within which proceedings to be brought
- 76Period within which proceedings to be brought
- 76AExtension of time limit: mediation Repealed
- IXSUPPLEMENTAL
- 77Validity and revision of contracts
- 77ACollective agreements and rules of undertakings
- 78Educational charities
- 79Power to amend certain provisions of Order
- 80Orders and regulations
- 81Transitional provisions; amendments and repeals
- 82Application to Crown
- 84The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
- 85Other police bodies
- Schedule Schedule
- Schedule 2: TRANSITIONAL EXEMPTION ORDERS FOR EDUCATIONAL ADMISSIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule Schedule
- Schedule 4: STATUTORY PROVISIONS RELEVANT FOR PURPOSES OF ARTICLE 56
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 5: TRANSITIONAL PROVISIONS
- Paragraph
- 3Paragraph 3
- Paragraph
- 6Paragraph 6
- Schedule Schedule
- Schedule Schedule