Article 38 Discriminatory practices

Northern Ireland

F1(1)

In this Article "discriminatory practice" means—

F2(...)

the application of a provision, criterion or practice which results in an act of discrimination which is unlawful by virtue of any provision of Part III or IV taken with Article F33A or 5(1)(b) or which would be likely to result in such an act of discrimination if the persons to whom it is applied were not all of one sex,F4...

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

A person acts in contravention of this Article if and so long as—

(a)

he applies a discriminatory practice, or

(b)

he operates practices or other arrangements which in any circumstances would call for the application by him of a discriminatory practice.

(3)

Proceedings in respect of a contravention of this Article F6may be brought by the Commission in accordance with Articles 67 to 71.

Annotations

Textual amendments

F1: SR 2001/282
F2: Word in art. 38(1)(a) omitted (2.5.2016) by virtue of The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 16(a)(i)
F3: Word in art. 38(1)(a) substituted (2.5.2016) by The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 16(a)(ii)
F4: Word in art. 38(1)(a) omitted (2.5.2016) by virtue of The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 16(a)(iii)
F5: Art. 38(1)(b) omitted (2.5.2016) by virtue of The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 16(b)
F6: Words in art. 38(3) substituted (31.3.2011) by Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/156), reg. 5

Notes on the whole Order

Textual amendments

F1: function transf. by SR 1999/481