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SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - LONG TITLE [2nd July 1976] [{1}Ulster Polytechnic]. 5. 25. It is unlawful for an Education and Library Board, in carrying out such of its functions under the Education and Libraries (Northern Ireland) Order 1972 as do not fall under Article 24, to do any act which constitutes sex discrimination. N General duty in public sector of education A > 26. (1) Without prejudice to its obligation to comply with any other provision of this Order, a body to which this paragraph applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without sex discrimination. B>(2) Article 90 of the Education and Libraries (Northern Ireland) Order 1972 (power of Department of Education to prevent unreasonable exercise of functions) shall apply to the performance by a body to which paragraph (1) applies of the duties imposed by Articles 24 and 25 and shall also apply to the performance of the general duty imposed by paragraph (1), as it applies to the performance by an Education and Library Board of a duty imposed by that Order. B>(3) The sanctions in paragraph (2) shall be the only sanctions for breach of the general duty in paragraph (1), but without prejudice to the enforcement of Articles 24 and 25 under Article 66 or otherwise (where the breach is also a contravention of either of those Articles). B>(4) Paragraph (1) applies to C >>( a ) an Education and Library Board; and C >>( b ) any other body which is a responsible body in relation to an establishment falling within paragraph 1, 4 or 5 of the table in Article 24. N Exception for single-sex establishments A > 27. (1) Articles 24 ( a ) and ( b ) and 26 do not apply to the admission of pupils to any establishment (a ""single-sex establishment'') which admits pupils of one sex only, or which would be taken to admit pupils of one sex only if there were disregarded pupils of the opposite sex C >>( a ) whose admission is exceptional, or C >>( b ) whose numbers are comparatively small and whose admission is confined to particular courses of instruction or teaching classes. B >(2) Where a school which is not a single-sex establishment has some pupils as boarders and others as non-boarders, and admits as boarders pupils of one sex only (or would be taken to admit as boarders pupils of one sex only if there were disregarded boarders of the opposite sex whose numbers are comparatively small), Articles 24( a ) and ( b ) and 26 do not apply to the admission of boarders and Articles 24( c )(i) and 26 do not apply to boarding facilities. B>(3) Where an establishment is a single-sex establishment by reason of its inclusion in paragraph (1)( b ), the fact that pupils of one sex are confined to particular courses of instruction or teaching classes shall not be taken to contravene Article 24( c )(i) or the duty in Article 26. N Exception for single-sex establishments turning co-educational A > 28. (1) Where at any time C >>( a ) the responsible body for a single-sex establishment falling within column 1 of the table in Article 24 determines to alter its admissions arrangements so that the establishment will cease to be a single-sex establishment, or C >>( b ) Article 27(2) applies to the admission of boarders to a school falling within column 1 of that table but the responsible body determines to alter its admissions arrangements so that Article 27(2) will cease so to apply, B the responsible body may apply in accordance with Schedule 2 for an order (a ""transitional exemption order'') authorising discriminatory admissions during the transitional period specified in the order. B>(2) Where during the transitional period specified in a transitional exemption order applying to an establishment the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Order. B>(3) Paragraph (2) does not apply if the refusal or omission contravenes any condition of the transitional exemption order. B>(4) Except as mentioned in paragraph (2), a transitional exemption order shall not afford any exemption from liability under this Order. B>(5) Where, during the period between the making of an application for a transitional exemption order in relation to an establishment and the determination of the application, the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Order. N Exception for physical training A > 29. Articles 24, 25 and 26 do not apply to any further education course being C >>( a ) a course in physical training, or C >>( b ) a course designed for the training of teachers of physical training. 6 Goods, facilities, services and premises N Discrimination in provision of goods, facilities or services A > 30. (1) It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a woman who seeks to obtain or use those goods, facilities or services C >>( a ) by refusing or deliberately omitting to provide her with any of them, or C >>( b ) by refusing or deliberately omitting to provide her with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in his case in relation to male members of the public or (where she belongs to a section of the public) to male members of that section. B >(2) The following are examples of the facilities and services mentioned in paragraph (1) C >>( a ) access to and use of any place which members of the public or a section of the public are permitted to enter; C >>( b ) accommodation in a hotel, boarding house or other similar establishment; C >>( c ) facilities by way of banking or insurance or for grants, loans, credit or finance; C >>( d ) facilities for education; C >>( e ) facilities for entertainment, recreation or refreshment; C >>( f ) facilities for transport or travel; C >>( g ) the services of any profession or trade, or any local or other public authority. B >(3) For the avoidance of doubt it is hereby declared that where a particular skill is commonly exercised in a different way for men and for women it does not contravene paragraph (1) for a person who does not normally exercise it for women to insist on exercising it for a woman only in accordance with his normal practice or, if he reasonably considers it impracticable to do that in her case, to refuse or deliberately omit to exercise it. N Discrimination in disposal or management of premises A > 31. (1) It is unlawful for a person, in relation to premises in Northern Ireland of which he has power to dispose, to discriminate against a woman C >>( a ) in the terms on which he offers her those premises, or C >>( b ) by refusing her application for those premises, or C >>( c ) in his treatment of her in relation to any list of persons in need of premises of that description. B >(2) It is unlawful for a person, in relation to premises managed by him, to discriminate against a woman occupying the premises C >>( a ) in the way he affords her access to any benefits or facilities, or by refusing or deliberately omitting to afford her access to them, or C >>( b ) by evicting her, or subjecting her to any other detriment. B >(3) Paragraph (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless he uses the services of an estate agent for the purposes of the disposal of the premises or publishes or causes to be published an advertisement in connection with the disposal. N Discrimination: consent for assignment or sub-letting A > 32. (1) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Northern Ireland comprised in a tenancy, it is unlawful for the landlord or other person to discriminate against a woman by withholding the licence or consent for disposal of the premises to her. B>(2) Paragraph (1) does not apply if C >>( a ) the person withholding a licence or consent, or a near relative of his (""the relevant occupier'') resides, and intends to continue to reside, on the premises, and C >>( b ) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and C >>( c ) the premises are small premises as defined in Article 33(2). B >(3) In this Article ""tenancy'' means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any statutory provision; and ""disposal'', in relation to premises comprised in a tenancy, includes assignment of the tenancy and sub-letting or parting with possession of the premises or any part of the premises. B>(4) This Article applies to tenancies created before the commencement of this Article, as well as to others. N Exception for small dwellings A > 33. (1) Articles 30(1) and 31 do not apply to the provision by a person of accommodation in any premises, or the disposal of premises by him, if C >>( a ) that person or a near relative of his (""the relevant occup] ier") resides, and intends to continue to reside, on the premises, and (b)there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and (c)the premises are small premises. (2) Premises shall be treated for the purposes of paragraph (1) as small premises if (a)in the case of premises comprising residential accommodation for one or more households (under separate letting or similar agreements) in addition to the accommodation occupied by the relevant occupier, there is not normally residential accommodation for more that two such households and only the relevant occupier and any member of his household reside in the accommodation occupied by him; (b)in the case of premises not falling within sub-paragraph (a), there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 34 34.(1) This Article applies to a political party if (a)it has as its main object, or one of its main objects, the promotion of parliamentary candidatures for the Parliament of the United Kingdom, or the Assembly, or (b)it is an affiliate of, or has an affiliate, or has similar formal links with, a political party within sub-paragraph (a). (2) Nothing in Article 30(1) shall be construed as affecting any special provision for persons of one sex only in the constitution, organisation or administration of the political party. (3) Nothing in Article 30(1) shall render unlawful an act done in order to give effect to such a special provision. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 35 35.(1) This Article applies to a body (a)the activities of which are carried on otherwise than for profit, and (b)which was not set up by any statutory provision. (2) Articles 30(1) and 31 shall not be construed as rendering unlawful (a)the restriction of membership of any such body to persons of one sex (disregarding any minor exceptions), or (b)the provision of benefits, facilities or services to members of any such body where the membership is so restricted, (3) Nothing in Article 30 or 31 shall (a)be construed as affecting a provision to which this paragraph applies, or (b)render unlawful an act which is done in order to give effect to such a provision. (4) Paragraph (3) applies to a provision for conferring benefits on persons on one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which constitutes the main object of a body within paragraph (1). SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 36 36.(1) A person who provides at any place facilities or services restricted to men does not for that reason contravene Article 30(1) if (a)the place is, or is part of, a hospital or other establishment for persons requiring special supervision, attention or care, or (b)the place is (permanently or for the time being) occupied or used for the purposes of an organised religion, and the facilities or services are restricted to men so as to comply with the doctrines of that religion or avoid offending the religious susceptibilities of a significant number of its followers, or (c)the facilities or services are provided for, or are likely to be used by, two or more persons at the same time, and (i)the facilities or services are such, or those persons are such, that male users are likely to suffer serious embarrassment at the presence of a woman, or (ii)the facilities or services are such that a user is likely to be in a state of undress and a male user might reasonably object to the presence of a female user. (2) A person who provides facilities or services restricted to men does not for that reason contravene Article 30(1) if the facilities or services are such that physical contact between the user and any other person is likely, and that other person might reasonably object if the user were a woman. (3) Articles 30(1) and 31 do not apply (a)to discrimination which is rendered unlawful by any provision in column 1 of the table below, or (b)to discrimination which would be so unlawful but for any provision in column 2 of that table, or (c)to discrimination which contravenes a term modified or included by virtue of an equality clause. 21 and 22. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 37 37.(1) Article 30(1) (a)does not apply to goods, facilities or services outside Northern Ireland except as provided in paragraphs (2) and (3); and (b)does not apply to facilities by way of banking or insurance or for grants, loans, credit or finance, where the facilities are for a purpose to be carried out, or in connection with risks wholly or mainly arising, outside Northern Ireland. (2) Article 30(1) applies to the provision of facilities for travel outside Northern Ireland where the refusal or omission occurs in Northern Ireland or on a ship, aircraft or hovercraft within paragraph (3). (3) Article 30(1) applies on and in relation to (a)any ship registered at a port of registry in Northern Ireland, and (b)any aircraft or hovercraft registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland, and (c)any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of Northern Ireland, (4) This Article shall not render unlawful an act done in or over a country outside the United Kingdom, or in or over that country's territorial waters, for the purpose of complying with the laws of that country. (5) Articles 24, 25 and 26 do not apply to benefits, facilities or services outside Northern Ireland except (a)travel on a ship registered at a port of registry in Northern Ireland, and (b)benefits, facilities or services provided on a ship so registered. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 38 38.(1) In this Article "discriminatory practice" means the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of Part III or IV taken with Article 3(1)(b) 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. (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 shall be brought only by the Commission in accordance with Articles 67 to 71. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 39 39.(1) It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do any act which is or might be unlawful by virtue of Part III or IV. (2) Paragraph (1) does not apply to an advertisement if the intended act would not in fact be unlawful. (3) For the purposes of paragraph (1), use of a job description with a sexual connotation (such as "waiter", "salesgirl", "postman" or "stewardess") shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary. (4) The publisher of an advertisement made unlawful by paragraph (1) shall not be subject to any liability under that paragraph in respect of the publication of the advertisement if he proves (a)that the advertisement was published in reliance on a statement made to him by the peron who caused it to be published to the effect that, by reason of the operation of paragraph (2), the publication would not be unlawful, and (b)that it was reasonable for him to rely on the statement. (5) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding #400. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 40 40. It is unlawful for a person (a)who has authority over another person, or (b)in accordance with whose wishes that other person is accustomed to act, SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 41 41.(1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part III or IV by (a)providing or offering to provide him with any benefit, or (b)subjecting or threatening to subject him to any detriment. (2) An offer or threat is not prevented from falling within paragraph (1) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 42 42.(1) Anything done by a person in the course of his employment shall be treated for the purposes of this Order as done by his employer as well as by him, whether or not it was done with the employer's knowledge or approval. (2) Anything done by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of this Order as done by that other person as well as by him. (3) In proceedings brought under this Order against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his employment acts of that description. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 43 43.(1) A person who knowingly aids another person to do an act made unlawful by this Order shall be treated for the purposes of this Order as himself doing an unlawful act of the like description. (2) For the purposes of paragraph (1) an employee or agent for whose act the employer or principal is liable under Article 42 (or would be so liable but for Article 42(3)) shall be deemed to aid the doing of the act by the employer or principal. (3) A person does not under this Article knowingly aid another to do an unlawful act if (a)he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Order, the act which he aids would not be unlawful, and (b)it is reasonable for him to rely on the statement. (4) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding #400. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 44 44.(1) Nothing in Parts III to V shall (a)be construed as affecting a provision to which this paragraph applies, or (b)render unlawful an act which is done in order to give effect to such a provision. (2) Paragraph (1) applies to a provision for conferring benefits on persons of one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which is contained in a charitable instrument. (3) In this Article (a)"charitable instrument" means a statutory provision or other instrument passed or made for charitable purposes, or a statutory provision or other instrument so far as it relates to charitable purposes; (b)"charitable purposes" means purposes which are exclusively charitable according to the law of Northern Ireland. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 45 45. Nothing in Parts III to V shall, in relation to any sport, game or other activity of a competitive nature where the physical strength, stamina or physique of the average woman puts her at a disadvantage to the average man, render unlawful any act related to the participation of a person as a competitor in events involving that activity which are confined to competitors of one sex. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 46 46. Nothing in Parts III to V shall render unlawful the treatment of a person in relation to an annuity, life assurance policy, accident insurance policy, or similar matter involving the assessment of risk, where the treatment (a)was effected by reference to actuarial or other data from a source on which it was reasonable to rely, and (b)was reasonable having regard to the data and any other relevant factors. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 47 47.(1) In this Article "communal accommodation" means residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy or decency should be used by men only, or by women only (but which may include some shared sleeping accommodation for men, and some for women, or some ordinary sleeping accommodation). (2) In this Article "communal accommodation" also includes residential accommodation all or part of which should be used by men only, or by women only, because of the nature of the sanitary facilities serving the accommodation. (3) Nothing in Part III or IV shall render unlawful sex discrimination in the admission of persons to communal accommodation if the accommodation is managed in a way which, given the exigencies of the situation, comes as near as may be to fair and equitable treatment of men and women. (4) In applying paragraph (3) account shall be taken of (a)whether and how far it is reasonable to expect that the accommodation should be altered or extended, or that further alternative accommodation should be provided; and (b)the frequency of the demand or need for use of the accommodation by men as compared with women. (5) Nothing in Part III or IV shall render unlawful sex discrimination against a woman, or against a man, as respects the provision of any benefit, facility or service if (a)the benefit, facility or service cannot properly and effectively be provided except for those using communal accommodation, and (b)in the relevant circumstances the woman or, as the case may be, the man could lawfully be refused the use of the accommodation by virtue of paragraph (3). (6) Neither paragraph (3) nor paragraph (5) is a defence to an act of sex discrimination under Part III unless such arrangements as are reasonably practicable are made to compensate for the detriment caused by the discrimination; but in considering under paragraph (5)(b) whether the use of communal accommodation could lawfully be refused (in a case based on Part III), it shall be assumed that the requirements of this paragraph have been complied with as respects paragraph (3). (7) Article 26 shall not apply to sex discrimination within paragraph (3) or (5). (8) This Article is without prejudice to the generality of Article 36(1)(c). SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 48 48.(1) Nothing in Parts III to V shall render unlawful any act done in relation to particular work by a training body in, or in connection with (a)affording women only, or men only, access to facilities for training which would help to fit them for that work, or (b)encouraging women only, or men only, to take advantage of opportunities for doing that work, (2) Where in relation to particular work it appears to a training body that although the condition for the operation of paragraph (1) is not met for the whole of Northern Ireland it is met for an area within Northern Ireland, nothing in Parts III to V shall render unlawful any act done by the training body in, or in connection with (a)affording persons who are of the sex in question, and who appear likely to take up that work in that area, access to facilities for training which would help to fit them for that work, or (b)encouraging persons of that sex to take advantage of opportunities in the area for doing that work. (3) Nothing in Parts III to V shall render unlawful any act done by a training body in, or in connection with, affording persons access to facilities for training which would help to fit them for employment, where it appears to the training body that those persons are in special need of training by reason of the period for which they have been discharging domestic or family responsibilities to the exclusion of regular full time employment. The discrimination in relation to which this paragraph applies may result from confining the training to persons who have been discharging domestic or family responsibilities, or from the way persons are selected for training, or both. (4) In this Article "training body" means (a)a person mentioned in Article 17(2)(a) or (b), or (b)any other person being a person designated for the purposes of this Article in an order made by the Department of Manpower Services, SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 49 49.(1) Nothing in Parts III to V shall render unlawful any act done by an employer in relation to particular work in his employment, being an act done in, or in connection with, (a)affording his female employees only, or his male employees only, access to facilities for training which would help to fit them for that work, or (b)encouraging women only, or men only, to take advantage of opportunities for doing that work, (2) Nothing in Article 15 shall render unlawful any act done by an organisation to which that Article applies in, or in connection with, (a)affording female members of the organisation only, or male members of the organisation only, access to facilities for training which would help to fit them for holding a post of any kind in the organisation, or (b)encouraging female members only, or male members only, to take advantage of opportunities for holding such posts in the organisation, (3) Nothing in Parts III to V shall render unlawful any act done by an organisation to which Article 15 applies in, or in connection with, encouraging women only, or men only, to become members of the organisation where at any time within the twelve months immediately preceding the doing of the act there were no persons of the sex in question among those members or the number of persons of that sex among the members was comparatively small. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 50 50.(1) If an organisation to which Article 15 applies comprises a body the membership of which is wholly or mainly elected, nothing in Article 15 shall render unlawful provision which ensures that a minimum number of persons of one sex are members of the body (a)by reserving seats on the body for persons of that sex, or (b)by making extra seats on the body available (by election or co-option or otherwise) for persons of that sex on occasions when the number of persons of that sex in the other seats is below the minimum, (2) This Article shall not be taken as making lawful (a)discrimination in the arrangements for determining the persons entitled to vote in an election of members of the body, or otherwise to choose the persons to serve on the body, or (b)discrimination in any arrangements concerning membership of the organisation itself. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 51 51.(1) References in this Order to the affording by any person of access to benefits, facilities or services are not limited to benefits, facilities or services provided by that person himself, but include any means by which it is in that person's power to facilitate access to benefits, facilities or services provided by any other person (the "actual provider"). (2) Where by any provision of this Order the affording by any person of access to benefits, facilities or services in a discriminatory way is in certain circumstances prevented from being unlawful, the effect of the provision shall extend also to the liability under this Order of any actual provider. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 52 52.(1) Nothing in Parts III to V shall render unlawful anything done in order to comply with a requirement (a)of an enactment enacted before this Order; or (b)of an instrument made or approved (whether before or after the making of this Order) under an enactment enacted before the making of this Order. (2) Where an enactment enacted after the making of this Order re-enacts (with or without modification) a provision of an enactment enacted before the making of this Order, paragraph (1) shall apply to that provision as re-enacted as if it continued to be contained in an enactment enacted before the making of this Order. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 53 53.(1) Nothing in Parts III to V shall render unlawful an act done for the purpose of safeguarding national security or of protecting public safety or public order. (2) A certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for a purpose mentioned in paragraph (1) shall be conclusive evidence that it was done for that purpose. (3) A document purporting to be a certificate such as is mentioned in paragraph (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 54 54.(1) There shall be a body of Commissioners named the Equal Opportunities Commission for Northern Ireland consisting of at least six but not more than twelve individuals each appointed by the head of the Department of Manpower Services (in this Article and Schedule 3 referred to as "the Department"), on a full-time or part-time basis, which shall have the following duties (a)to work towards the elimination of discrimination, (b)to promote equality of opportunity between men and women generally, and (c)to keep under review the working of this Order and the Equal Pay Act and, when the Commission is so required by the Department or otherwise thinks it necessary, draw up and submit to the Department proposals for amending them. (2) The head of the Department shall appoint (a)one of the Commissioners to be chairman of the Commission, and (b)either one or two of the Commissioners (as the head of the Department thinks fit) to be deputy chairman or deputy chairmen of the Commission. (3) The Department may by order amend paragraph (1) so far as it regulates the number of Commissioners. (4) Schedule 3 shall have effect with respect to the Commission. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 55 55.(1) The Commission may undertake or assist (financially or otherwise) the undertaking by other persons of any research, and any educational activities, which appear to the Commission necessary or expedient for the purposes of Article 54(1). (2) The Commission may make charges for educational or other facilities or services made available by it. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 56 56.(1) Without prejudice to the generality of Article 54(1), the Commission, in pursuance of the duties imposed by sub-paragraphs (a) and (b) of that paragraph (a)shall keep under review the relevant statutory provisions in so far as they require men and women to be treated differently, and (b)if so required by the relevant department, make to it a report on any matter specified by it which is connected with those duties and concerns the relevant statutory provisions. Any such report shall be made within the time specified by the relevant department, and the relevant department shall cause the report to be published. (2) Whenever the Commission thinks it necessary, it shall draw up and submit to the relevant department proposals for amending the relevant statutory provisions. (3) The Commission shall carry out its duties in relation to the relevant statutory provisions in consultation with the relevant department. (4) In this Article "the relevant statutory provisions" means the provisions mentioned in Schedule 4 or, in relation to the relevant department, means such of those provisions as relates to matters falling within the scope of the functions of that department; and "the relevant department" means any government department on or for purposes of which functions are conferred by any of those provisions. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 57 57.(1) Without prejudice to its general power to do anything requisite for the performance of its duties under Article 54(1), the Commission may if it thinks fit, and shall if required by the Department of Manpower Services, conduct a formal investigation for any purpose connected with the carrying out of those duties. (2) The Commission may, with the approval of the head of the Department of Manpower Services, appoint, on a full-time or part-time basis, one or more individuals as additional Commissioners for the purposes of a formal investigation. (3) The Commission may nominate one or more Commissioners, with or without one or more additional Commissioners, to conduct a formal investigation on its behalf, and may delegate any of its functions in relation to the investigation to the persons so nominated. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 58 58.(1) The Commission shall not embark on a formal investigation unless the requirements of this Article have been complied with. (2) Terms of reference for the investigation shall be drawn up by the Commission or, if the Commission was required by the Department of Manpower Services to conduct the investigation, by the Department after consulting the Commission. (3) It shall be the duty of the Commission to give general notice of the holding of the investigation unless the terms of reference confine it to activities of persons named in them, but in such a case the Commission shall in the prescribed manner give those persons notice of the holding of the investigation. (4) The Commission or, if the Commission was required by the Department of Manpower Services to conduct the investigation, the Department after consulting the Commission, may from time to time revise the terms of reference; and paragraphs (1) and (3) shall apply to the revised investigation and terms of reference as they applied to the original. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 59 59.(1) For the purposes of a formal investigation the Commission, by a notice in the prescribed form served on him in the prescribed manner, (a)may require any person to furnish such written information as may be described in the notice, and may specify the time at which, and the manner and form in which, the information is to be furnished; (b)may require any person to attend at such time and place as is specified in the notice and give oral information about, and produce all documents in his possession or control relating to, any matter specified in the notice. (2) Except as provided by Article 69, a notice shall be served under paragraph (1) only where (a)service of the notice was authorised by an order made by the Department of Manpower Services, or (b)the terms of reference of the investigation state that the Commission believes that a person named in them may have done or may be doing acts of all or any of the following descriptions (i)unlawful discriminatory acts, (ii)contraventions of Article 38, <(iii)contraventions of Article 39, 40 or 41, and <(iv)acts in breach of a term modified or included by virtue of an equality clause, (b)and confine the investigation to those acts. (3) A notice under paragraph (1) shall not require a person (a)to give information, or produce any documents, which he could not be compelled to give in evidence, or produce, in civil proceedings before the High Court, or (b)to attend at any place unless the necessary expenses of his journey to and from that place are paid or tendered to him. (4) If a person fails to comply with a notice served on him under paragraph (1) or the Commission has reasonable cause to believe that he intends not to comply with it, the Commission may apply to a county court for an order requiring him to comply with it or with such directions for the like purpose as may be contained in the order; and if he fails without reasonable excuse to comply with any such order he may be dealt with by the county court as if he had failed to comply with a witness summons issued in accordance with county court rules. (5) A person commits an offence if he (a)wilfully alters, suppresses, conceals or destroys a document which he has been required by a notice or order under this Article to produce, or (b)in complying with such a notice or order, knowingly or recklessly makes any statement which is false in a material particular, (6) Proceedings for an offence under paragraph (5) may (without prejudice to any jurisdiction exercisable apart from this paragraph) be instituted (a)against any person at any place at which he has an office or other place of business; (b)against an individual at any place where he resides, or at which he is for the time being. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 60 60.(1) If in the light of any of the Commission's findings in a formal investigation it appears to the Commission necessary or expedient, whether during the course of the investigation or after its conclusion, (a)to make to any persons, with a view to promoting equality of opportunity between men and women who are affected by any of their activities, recommendations for changes in their policies or procedures, or as to any other matters, or (b)to make to the Department of Manpower Services any recommendations, whether for changes in the law or otherwise, (2) The Commission shall prepare a report of its findings in any formal investigation conducted by it. (3) If the formal investigation is one required by the Department of Manpower Services (a)the Commission shall deliver the report to the Department, and (b)the Department shall cause the report to be published, (4) If the formal investigation is not one required by the Department of Manpower Services, the Commission shall either publish the report, or make it available for inspection in accordance with paragraph (5). (5) Where under paragraph (4) a report is to be made available for inspection, any person shall be entitled, on payment of such fee (if any) as may be determined by the Commission (a)to inspect the report during ordinary office hours and take copies of all or any part of the report, or (b)to obtain from the Commission a copy, certified by the Commission to be correct, of the report. (6) The Commission may if it thinks fit determine that the right conferred by paragraph (5)(a) shall be exercisable in relation to a copy of the report instead of, or in addition to, the original. (7) The Commission shall give notice of the place or places where, and the times when, reports may be inspected under paragraph (5). SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 61 61.(1) No information given to the Commission by any person ("the informant") in connection with a formal investigation shall be disclosed by the Commission, or by any person who is or has been a Commissioner, additional Commissioner or employee of the Commission, except (a)on the order of any court, or (b)with the informant's consent, or (c)in the form of a summary or other general statement published by the Commission which does not identify the informant or any other person to whom the information relates, or (d)in a report of the investigation published by the Commission or made available for inspection under Article 60(5), or (e)to the Commissioners, additional Commissioners or employees of the Commission, or, so far as may be necessary for the proper performance of the functions of the Commission, to other persons, or (f)for the purpose of any civil proceedings under this Order to which the Commission is a party, or any criminal proceedings. (2) Any person who discloses information in contravention of paragraph (1) commits an offence and shall be liable on summary conviction to a fine not exceeding #400. (3) In preparing any report for publication or for inspection the Commission shall exclude, so far as is consistent with its duties and the object of the report, any matter which relates to the private affairs of any individual or business interests of any person where the publication of that matter might, in the opinion of the Commission, prejudicially affect that individual or person. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 62 62.(1) Except as provided by this Order no proceedings, whether civil or criminal, shall lie against any person in respect of an act by reason that the act is unlawful by virtue of a provision of this Order. (2) Paragraph (1) does not preclude the making of an order of certiorari, mandamus or prohibition. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 63 63.(1) A complaint by any person ("the complainant") that another person ("the respondent") (a)has committed an act of discrimination against the complainant which is unlawful by virtue of Part III, or (b)is by virtue of Article 42 or 43 to be treated as having committed such an act of discrimination against the complainant, (2) Paragraph (1) does not apply to a complaint under Article 16(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any statutory provision. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 64 64.(1) Where a complaint is presented to an industrial tribunal under Article 63, or under section 2(1) of the Equal Pay Act, the Secretary of the Central Office of the Industrial Tribunals shall send a copy of the complaint to [the Labour Relations Agency] and it shall be the duty of [the Agency] (a)if it is requested to do so by both the complainant and the respondent, or (b)if, in the absence of requests by the complainant and the respondent, it considers that it could act under this paragraph with a reasonable prospect of success, (2) Where, before a complaint such as is mentioned in paragraph (1) has been presented to an industrial tribunal, a request is made to [the Labour Relations Agency] to make its services available in the matter by a person who, if the complaint were so presented, would be the complainant or respondent, paragraph (1) shall apply as if the complaint had been so presented and a copy of it had been sent to [the Agency]. (3) In proceeding under paragraph (1) or (2), [the Labour Relations Agency] shall where appropriate have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances, (4) Anything communicated to [the Labour Relations Agency] in connection with the performance of its functions under this Article shall not be admissible in evidence in any proceedings before an industrial tribunal except with the consent of the person who communicated it to [the Agency]. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 65 65.(1) Where an industrial tribunal finds that a complaint presented to it under Article 63 is well-founded the tribunal shall make such of the following as it considers just and equitable (a)an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates; (b)an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a county court to pay to the complainant if the complaint had fallen to be dealt with under Article 66; (c)a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination to which the complaint relates. (2) The amount of compensation awarded to a person under paragraph (1)(b) shall not exceed the limit for the time being imposed by Article 37 of the Industrial Relations (Northern Ireland) Order 1976. (3) If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an industrial tribunal under paragraph (1)(c), then, if they think it just and equitable to do so, (a)the tribunal may increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under paragraph (1)(b), or (b)if an order under paragraph (1)(b) could have been made but was not, the tribunal may make such an order. (4) Where compensation falls to be awarded in respect of any act both under the provisions of this Article and under any other statutory provision, an industrial tribunal shall not award compensation under this Article in respect of any loss or other matter which has been taken into account under that other statutory provision by the court in awarding compensation in an action in respect of that act. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 66 66.(1) A claim by any person ("the claimant") that another person ("the respondent") (a)has committed an act of discrimination against the claimant which is unlawful by virtue of Part IV, or (b)is by virtue of Article 42 or 43 to be treated as having committed such an act of discrimination against the claimant, (2) Proceedings under paragraph (1) shall be brought only in a county court, but all such remedies shall be obtainable in such proceedings as, apart from this paragraph and Article 62(1), would be obtainable in the High Court. (3) As respects an unlawful act of discrimination falling within Article 3(1)(b) (or, where this Article is applied by Article 65(1)(b), Article 5(1)(b)) no award of damages shall be made if the respondent proves that the requirement or condition in question was not applied with the intention of treating the claimant unfavourably on the ground of his sex or marital status as the case may be. (4) For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act of discrimination may include compensation for injury to feelings whether or not they include compensation under any other head. (5) Civil proceedings in respect of a claim by any person that he has been discriminated against in contravention of Article 24 or 25 by a body to which Article 26(1) applies (other than proceedings in respect of a claim against the Department of Education) shall not be instituted unless the claimant has given notice of the claim to the Department of Education and either that Department has by notice informed the claimant that it does not require further time to consider the matter, or the period of two months has elapsed since the claimant gave notice to that Department; but nothing in this paragraph applies to a counter-claim. (6) For the purposes of proceedings under paragraph (1) (a)[Article 33(1) of the County Courts (Northern Ireland) Order 1980] shall apply with the omission of the words "on the application of any party", and (b)the remuneration of assessors appointed under the said section 62(1) shall be at such rate as may be determined by the Lord Chancellor with the approval of the Minister for the Civil Service and may be defrayed as part of the expenses of the county court service. (7) A county court shall have jurisdiction to entertain proceedings under paragraph (1) with respect to an act done on a ship, aircraft or hovercraft outside its district, including such an act done outside Northern Ireland. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 67 67.(1) This Article applies to (a)an unlawful discriminatory act, and (b)a contravention of Article 38, and (c)a contravention of Article 39, 40 or 41, and (d)an act in breach of a term modified or included by virtue of an equality clause. (2) If in the course of a formal investigation the Commission becomes satisfied that a person is committing, or has committed, any such acts, the Commission may in the prescribed manner serve on him a notice in the prescribed form ("a non-discrimination notice") requiring him (a)not to commit any such acts, and (b)where compliance with sub-paragraph (a) involves changes in any of his practices or other arrangements (i)to inform the Commission that he has effected those changes and what those changes are, and (ii)to take such steps as may be reasonably required by the notice for the purpose of affording that information to other persons concerned. (3) A non-discrimination notice may also require the person on whom it is served to furnish the Commission with such other information as may be reasonably required by the notice in order to verify that the notice has been complied with. (4) The notice may specify the time at which, and the manner and form in which, any information is to be furnished to the Commission, but the time at which any information is to be furnished in compliance with the notice shall not be later than five years after the notice has become final. (5) The Commission shall not serve a non-discrimination notice in respect of any person unless it has first (a)given him notice that it is minded to issue a non-discrimination notice in his case, specifying the grounds on which it contemplates doing so, and (b)offered him an opportunity of making oral or written representations in the matter (or both oral and written representations if he thinks fit) within a period of not less than 28 days specified in the notice, and (c)taken account of any representations so made by him. (6) Paragraph (2) does not apply to any acts in respect of which the Department of Education could exercise the powers conferred on it by Article 26(2); but if the Commission becomes aware of any such acts it shall give notice of them to that Department. (7) Article 59(4) shall apply to requirements under paragraphs (2)(b), (3) and (4) contained in a non-discrimination notice which has become final as it applies to requirements in a notice served under Article 59(1). SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 68 68.(1) Not later than six weeks after a non-discrimination notice is served on any person he may appeal against any requirement of the notice (a)to an industrial tribunal, so far as the requirement relates to acts which are within the jurisdiction of the tribunal; (b)to a county court so far as the requirement relates to acts which are within the jurisdiction of the court and are not within the jurisdiction of an industrial tribunal. (2) Where the court or tribunal considers a requirement in respect of which an appeal is brought under paragraph (1) to be unreasonable because it is based on an incorrect finding of fact or for any other reason, the court or tribunal shall quash the requirement. (3) On quashing a requirement under paragraph (2) the court or tribunal may direct that the non-discrimination notice shall be treated as if, in place of the requirement quashed, it had contained a requirement in terms specified in the direction. (4) Paragraph (1) does not apply to a requirement treated as included in a non-discrimination notice by virtue of a direction under paragraph (3). SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 69 69.(1) If (a)the terms of reference of a formal investigation state that its purpose is to determine whether any requirements of a non-discrimination notice are being or have been carried out, but Article 59(2)(b) does not apply, and (b)Article 58(3) is complied with in relation to the investigation on a date ("the commencement date") not later than the expiration of the period of five years beginning when the non-discrimination notice became final, (2) The said period begins on the commencement date and ends on the later of the following dates (a)the date on which the period of five years mentioned in paragraph (1)(b) expires; (b)the date two years after the commencement date. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 70 70.(1) The Commission shall establish and maintain a register ("the register") of non-discrimination notices which have become final. (2) Any person shall be entitled, on payment of such fee (if any) as may be determined by the Commission, (a)to inspect the register during ordinary office hours and take copies of any entry, or (b)to obtain from the Commission a copy, certified by the Commission to be correct, of any entry in the register. (3) The Commission may, if it thinks fit, determine that the right conferred by paragraph (2)(a) shall be exercisable in relation to a copy of the register instead of, or in addition to, the original. (4) The Commission shall give general notice of the place or places where, and the times when, the register or a copy of it may be inspected. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 71 71.(1) If, during the period of five years beginning on the date on which either of the following became final in the case of any person, namely, (a)a non-discrimination notice served on him, (b)a finding by a court or tribunal under Article 63 or 66, or section 2 of the Equal Pay Act, that he has done an unlawful discriminatory act or an act in breach of a term modified or included by virtue of an equality clause, (2) In proceedings under this Article the Commission shall not allege that the person to whom the proceedings relate has done an act which is within the jurisdiction of an industrial tribunal unless a finding by an industrial tribunal that he did that act has become final. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 72 72.(1) Proceedings in respect of a contravention of Article 39, 40 or 41 shall be brought only by the Commission in accordance with the following provisions of this Article. (2) The proceedings shall be (a)an application for a decision whether the alleged contravention occurred, or (b)an application under paragraph (4), (3) An application under paragraph (2)(a) shall be made (a)in a case based on any provision of Part III, to an industrial tribunal, and (b)in any other case to a county court. (4) If it appears to the Commission (a)that a person has done an act which by virtue of Article 39, 40 or 41 was unlawful, and (b)that unless restrained he is likely to do further acts which by virtue of that Article are unlawful, (5) In proceedings under paragraph (4) the Commission shall not allege that the person to whom the proceedings relate has done an act which is unlawful under this Order and within the jurisdiction of an industrial tribunal unless a finding by an industrial tribunal that he did that act has become final. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 73 73.(1) With a view to making an application under Article 71(1) or 72(4) in relation to a person the Commission may present to an industrial tribunal a complaint that he has done an act within the jurisdiction of an industrial tribunal, and if the tribunal considers that the complaint is well-founded they shall make a finding to that effect and, if they think it just and equitable to do so in the case of an act contravening any provision of Part III may also (as if the complaint had been presented by the person discriminated against) make an order such as is referred to in Article 65(1)(a), or a recommendation such as is referred to in Article 65(1)(c), or both. (2) Paragraph (1) is without prejudice to the jurisdiction conferred by Article 72(2). (3) Any finding of an industrial tribunal under (a)this Order, or (b)the Equal Pay Act, (i)by the county court on an application under Article 71(1) or 72(4) or in proceedings on an equality clause, (ii)by an industrial tribunal on a complaint made by the person affected by the act under Article 63 or in relation to an equality clause. (4) In Articles 71 and 72 and this article, the acts "within the jurisdiction of an industrial tribunal" are those in respect of which such jurisdiction is conferred by Articles 63 and 72 and by section 2 of the Equal Pay Act. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 74 74.(1) With a view to helping a person ("the person aggrieved") who considers he may have been discriminated against in contravention of this Order to decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Secretary of State shall by order prescribe (a)forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; (b)forms by which the respondent may if he so wishes reply to any questions. (2) Where the person aggrieved questions the respondent (whether in accordance with an order under paragraph (1) or not) (a)the question, and any reply by the respondent (whether in accordance with such an order or not) shall, subject to the following provisions of this Article, be admissible as evidence in the proceedings; (b)if it appears to the court or tribunal that the respondent deliberately, and without reasonable excuse omitted to reply within a reasonable period or that his reply is evasive or equivocal, the court or tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act. (3) The Secretary of State may by order (a)prescribe the period within which questions must be duly served in order to be admissible under paragraph (2)(a), and (b)prescribe the manner in which a question, and any reply by the respondent, may be duly served. (4) County court rules may enable the court entertaining a claim under Article 66 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this Article or not. (5) This Article is without prejudice to any other statutory provision or rule of law regulating interlocutory and preliminary matters in proceedings before a county court or industrial tribunal, and has effect subject to any statutory provision or rule of law regulating the admissibility of evidence in such proceedings. (6) An order made by the Secretary of State under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument, and section 5 of the Statutory Instruments Act 1946 shall apply accordingly. (7) In this Article "respondent" includes a prospective respondent. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 75 75.(1) Where, in relation to proceedings or prospective proceedings either under this Order or in respect of an equality clause, an individual who is an actual or prospective complainant or claimant applies to the Commission for assistance under this Article, the Commission shall consider the application and may grant it if it thinks fit to do so on the ground that (a)the case raises a question of principle, or (b)it is unreasonable, having regard to the complexity of the case or the applicant's position in relation to the respondent or another person involved or any other matter, to expect the applicant to deal with the case unaided, (2) Assistance by the Commission under this Article may include (a)giving advice; (b)procuring or attempting to procure the settlement of any matter in dispute; (c)arranging for the giving of advice or assistance by a solicitor or counsel; (d)arranging for representation by any person including all such assistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings, (3) In so far as expenses are incurred by the Commission in providing the applicant with assistance under this Article the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules or regulations) shall constitute a first charge for the benefit of the Commission (a)on any costs which (whether by virtue of a judgment or order of a court or tribunal or an agreement or otherwise) are payable to the applicant by any other person in respect of the matter in connection with which the assistance is given, and (b)so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings. (4) The charge conferred by paragraph (3) is subject to any charge under [the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981] and is subject to any provision in that [Order] for payment of any sum into the legal aid fund. (5) In this Article "respondent" includes a prospective respondent and "rules or regulations" (a)in relation to county court proceedings, means county court rules; (b)in relation to industrial tribunal proceedings, means regulations made under Article 59 of the Industrial Relations (Northern Ireland) Order 1976. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 76 76.(1) An industrial tribunal shall not consider a complaint under Article 63 unless it is presented to the tribunal before the end of the period of three months beginning when the act complained of was done. (2) A county court shall not consider a claim under Article 66 unless proceedings in respect of the claim are instituted before the end of (a)the period of six months beginning when the act complained of was done; or (b)in a case to which Article 66(5) applies, the period of eight months so beginning. (3) An industrial tribunal or county court shall not consider an application under Article 72(2)(a) unless it is made before the end of the period of six months beginning when the act to which it relates was done; and a county court shall not consider an application under Article 72(4) unless it is made before the end of the period of five years so beginning. (4) An industrial tribunal shall not consider a complaint under Article 73(1) unless it is presented to the tribunal before the end of the period of six months beginning when the act complained of was done. (5) A court or tribunal may nevertheless consider any such complaint, claim or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so. (6) For the purposes of this Article (a)where the inclusion of any term in a contract renders the making of the contract an unlawful act that act shall be treated as extending throughout the duration of the contract, and (b)any act extending over a period shall be treated as done at the end of that period, and (c)a deliberate omission shall be treated as done when the person in question does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it were to be done. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 77 77.(1) A term of a contract is void where (a)its inclusion renders the making of the contract unlawful by virtue of this Order, or (b)it is included in furtherance of an act rendered unlawful by this Order, or (c)it provides for the doing of an act which would be rendered unlawful by this Order. (2) Paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract, but the term shall be unenforceable against that party. (3) A term of a contract which purports to exclude or limit any provision of this Order or the Equal Pay Act is unenforceable by any person in whose favour the term would operate apart from this paragraph. (4) Paragraph (3) does not apply (a)to a contract settling a complaint to which Article 63(1) of this Order or section 2 of the Equal Pay Act applies where the contract is made with the assistance of [the Labour Relations Agency]; (b)to a contract settling a claim to which Article 66 applies. (5) On the application of any person interested in a contract to which paragraph (2) applies, a county court may make such order as it thinks just for removing or modifying any term made unenforceable by that paragraph; but such an order shall not be made unless all persons affected have been given notice of the application (except where under rules of court notice may be dispensed with) and have been afforded an opportunity to make representations to the court. (6) An order under paragraph (5) may include provision as respects any period before the making of the order. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 78 78.(1) This Article applies to any trust deed or other instrument (a)which concerns property applicable for or in connection with the provision of education in any establishment in paragraphs 1 to 5 of the table in Article 24, and (b)which in any way restricts the benefits available under the instrument to persons of one sex. (2) If on the application of the trustees, or of the responsible body (as defined in Article 24), the Department of Finance is satisfied that the removal or modification of the restriction would conduce to the advancement of education without sex discrimination that Department may by order make such modifications of the instrument as appear to it expedient for removing or modifying the restriction, and for any supplemental or incidental purposes. (3) If the trust was created by gift or bequest, no order shall be made until 25 years after the date on which the gift or bequest took effect, unless the donor or his personal representatives, or the personal representatives of the testator, have consented in writing to the making of the application for the order. (4) The Department of Finance shall require the applicant to publish notice (a)containing particulars of the proposed order, and (b)stating that representations may be made to that Department within a period specified in the notice. (5) The period specified in the notice shall not be less than one month from the date of the notice. (6) The applicants shall publish the notice in such manner as may be specified by the Department of Finance, and the cost of any publication of the notice may be defrayed out of the property of the trust. (7) Before making the order the Department of Finance shall take into account any representations duly made in accordance with the notice. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 79 79.(1) The Secretary of State may by an order the draft of which has been approved by the Assembly (a)amend any of the following provisions, namely, Articles 8(3), 10, 21, 22(1), (2) and (3), 32(2), 33, 35, 36 and 44 to 49 (including any such provision as amended by a previous order under this paragraph); (b)amend or repeal any of the following provisions, namely, Articles 14(4), 15(4), 34 and 50 (including any such provision as amended by a previous order under this paragraph); (c)amend Part III, IV or V so as to render lawful an act which, apart from the amendment, would be unlawful by reason of Article 8(1) or (2), 30(1), 31 or 32; (d)amend Article 14(1) so as to alter the number of partners specified in that provision. (2) The Secretary of State shall not be recommended to cause to be laid before the Assembly the draft of an order under paragraph (1) unless the Commission has been consulted about the contents of the draft. (3) An order under paragraph (1)(c) may make such amendments to the list of provisions given in paragraph (1)(a) as in the opinion of the Secretary of State are expedient having regard to the contents of the order. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 80 80.(1) An order made by a Northern Ireland department under the preceding provisions of this Order (except Article 13(5), 17(2)(c), 28, 48(4)(b) or 59(2)), and regulations made under this Order, shall be subject to negative resolution. (2) Paragraph (1) does not apply to an order under Article 78 unless the order modifies an enactment. (3) An order under this Order may contain transitional provisions and savings. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 81 81.(1) The provisions of Schedule 5 shall have effect for making transitional provision for the purposes of this Order. Para.(2), with Schedule 6, effects amendments; para.(3), with Schedule 7, effects repeals Para.(4)Commencement SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 82 82.(1) This Order applies (a)to an act done by or for purposes of a Minister of the Crown or government department, or (b)to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office, (2) Parts III and V apply to (a)service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or (b)service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body, (3) Part IV (except Article 26(2) and (3)) applies to any educational establishment conducted in accordance with arrangements made by the Department of Education under Article 55(1) of the Education and Libraries (Northern Ireland) Order 1972 as if that establishment were included in a paragraph in column 1 of the table in Article 24 and that Department were included in relation to it in column 2 of that table, and as if references to that paragraph were included in Article 24 and Article 26(4)(b). (4) Paragraphs (1) and (2) have effect subject to Article 19. (5) Paragraphs (1) and (2) do not apply in relation to service in (a)the naval, military or air forces of the Crown, or (b)any women's service administered by the Defence Council. (6) Nothing in this Order renders unlawful discrimination in admission to the Army Cadet Force, Air Training Corps, Sea Cadet Corps or Combined Cadet Force, or any other cadet training corps for the time being administered by the Ministry of Defence. (7) This Order (except Article 11(1) and (6)) does not apply to employment in the case of which the employee may be required to serve in support of a force or service mentioned in paragraph (5)(a) or (b). (8) Paragraph (2) of Article 13 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 sub-paragraph (a) or (b) of that paragraph, and Article 13(5) shall apply accordingly. (9) The provisions of Parts II to IV of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Order4 as they apply to proceedings in Northern Ireland which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, except that in their application to proceedings under this Order section 20 of that Act (removal of proceedings from county court to High Court) shall not apply. (10) In this Article "statutory body" means a body set up by or in pursuance of a statutory provision, and "statutory office" means an office so set up; and 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 House of Commons Disqualification Act 1975 as for the time being in force. SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 83 83.(1) This Article applies to any appointment by a Minister of the Crown or government department to an office or post where Article 8 does not apply in relation to the appointment. (2) In making the appointment, and in making the arrangements for determining who should be offered the office or post, the Minister of the Crown or government department shall not do an act which would be unlawful under Article 8 if the Crown were the employer for the purposes of this Order. Schedule 1 Part IAmendments; Part II sets out 1970 c.32 (NI) as amended by this Order 1. Any application for a transitional exemption order made by the responsible body in relation to an establishment falling within paragraph 1 or 5 of the table in Article 24 shall be made to the Department of Education and in relation to an establishment falling within paragraph 2 of that table shall be made to the Commission. 2. An application under paragraph 1 shall specify the transitional period proposed by the responsible body to be provided for in the order, the stages by which within that period the body proposes to move to the position where Article 24(b) is complied with, and any other matters relevant to the terms and operation of the order applied for. 3. The Department of Education on any application under paragraph 1 may make a transitional exemption order on such terms and conditions as it may think fit. 4. The Commission on any application under paragraph 1 may if it thinks fit make a transitional exemption order, but shall not make such an order unless it is satisfied that the terms of the application are reasonable having regard to the nature of the premises at which the establishment is carried on, the accommodation, equipment and facilities available, and the financial resources of the responsible body. 1. On the appointment of the first members of the Commission, the Commission shall come into existence as a body corporate. 2.(1) The Commission is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown. (2) Accordingly (a)neither the Commission nor any of its members or members of its staff as such is entitled to any status, immunity, privilege or exemption enjoyed by the Crown; (b)the members of the Commission and members of its staff as such are not civil servants; and (c)the Commission's property is not property of, or held on behalf of, the Crown. 3.(1) A person shall hold and vacate his office as chairman, deputy chairman or other member of the Commission in accordance with the terms of his appointment: Provided that no such appointment shall be for a period exceeding five years in the case of the chairman and three years in the case of another member. (2) With the consent of the Commissioner concerned, the head of the Department may alter the terms of an appointment so as to make a full-time Commissioner into a part-time Commissioner or vice versa, or for any other purpose. (3) A person may at any time resign office as chairman, deputy chairman or other member of the Commission by notice to the Department. (4) Past service as chairman, deputy chairman or other member of the Commission is no bar to re-appointment. 4. The Department may pay, or make such payments towards the provision of, such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of the chairman, deputy chairmen and other members of the Commission, or any of them, as, with the approval of the Department of Finance, it may determine. 5.(1) Paragraphs 2(2) and 3(1) and (3) shall apply to additional Commissioners appointed under Article 57(2) as they apply to Commissioners. (2) The Commission may pay, or make such payments towards the provision of, such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of an additional Commissioner as the Department, with the consent of the Department of Finance, may determine. (3) With the approval of the Department and the consent of the additional Commissioner concerned, the Commission may alter the terms of appointment of an additional Commissioner so as to make a full-time additional Commissioner into a part-time additional Commissioner or vice versa, or for any other purpose. (4) An additional Commissioner may resign by notice to the Commission. (5) The appointment of an additional Commissioner shall terminate at the conclusion of the investigation for which he was appointed, if not sooner. 6.(1) The Commission may with the approval of the Department and the Department of Finance as to numbers and as to remuneration and other terms and conditions of employment (a)employ such officers and servants as the Commission considers necessary; (b)employ the services of such other persons as the Commission considers expedient for any particular purpose. (2) The Commission may, in the case of such persons employed by it as may be determined by the Commission with the approval of the Department and the Department of Finance, pay to or in respect of them such allowances (including allowances for expenses), pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), or contributory or other pension arrangements, as may be so determined. 7.(1) The Commission may regulate its own procedure and business including the formalities for affixing its common seal to any document and, subject to sub-paragraph (2), its quorum. (2) The quorum for meetings of the Commission shall, in the first instance, be determined by a meeting of the Commission attended by not less than five members. 8. The validity of any proceedings of the Commission shall not be affected by any vacancy in the office of chairman, deputy chairman or other member of the Commission or any defect in the appointment of the chairman, deputy chairman or any other member. 9. A document purporting to be duly executed under the common seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed. 10. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission to act for that purpose, and any document purporting to be such a contract or instrument shall be deemed to be such a contract or instrument until the contrary is proved. 11.(1) Without prejudice to Article 57(3), the Commission may authorise the discharge, under the general direction of the Commission, of any of its functions by either a member or a group of members of the Commission selected by the chairman. (2) Anything done by or in relation to a member or group of members in or in connection with the discharge of functions he or they are authorised to discharge under sub-paragraph (1) shall have the same effect as if done by or in relation to the Commission. (3) A group of members authorised to discharge any functions under sub-paragraph (1) may regulate their own procedure and business, including their quorum. (4) The validity of any proceedings of a member or group of members so authorised shall not be affected by any defect in his appointment or any of their appointments; and the validity of the proceedings of any such group shall not be affected by any vacancy in their number. (5) The chairman may select himself as the member, or as one of the group of members, mentioned in this paragraph. 12. All expenditure incurred by or on behalf of the Commission (a)within the terms of any general authorisation in writing given by the Department and the Department of Finance; or (b)with the approval of those Departments; 13.(1) The Commission shall keep proper accounts in such form as may be approved by the Department, and proper records in relation to the accounts, and shall prepare in respect of the period ending on 31st March 1977 and in respect of each subsequent financial year a statement of accounts in such form as the Department, with the approval of the Department of Finance, may direct. (2) The accounts of the Commission shall be audited by auditors appointed by the Commission with the approval of the Department and shall be vouched to the satisfaction of the auditors. (3) The Commission shall, at such time in each year as the Department may direct, transmit to the Department and the Comptroller and Auditor-General copies, certified by the auditors, of the annual statement of accounts. (4) The Comptroller and Auditor-General (a)shall examine a copy of each annual statement of accounts of the Commission; (b)may, in connection with such examination, examine any accounts kept by the Commission and any records relating to the accounts; and (c)shall make a report on the copy of each annual statement of accounts and send the report to the Department. (5) Subject to sub-paragraph (6), a copy of every annual statement of accounts of the Commission and a copy of the Comptroller and Auditor-General's report thereon shall be laid by the head of the Department before the Northern Ireland Assembly. (6) During the interim period the copies mentioned in sub-paragraph (5) shall, instead, be sent by the Department to the Secretary of State and laid by him before Parliament. 14.(1) The Commission shall prepare in respect of the period ending on 31st March 1977 and in respect of each subsequent financial year a report on the Commission's activities during that period or year ("the annual report"). (2) The annual report shall include a general survey of developments, during the period to which it relates, in respect of matters falling within the scope of the Commission's functions. (3) Subject to sub-paragraph (4), the annual report shall be made to the head of the Department and shall be laid by him before the Northern Ireland Assembly. (4) During the interim period the annual report shall, instead, be made to the Secretary of State and laid by him before Parliament. (5) The Department, or where sub-paragraph (4) applies the Secretary of State, shall cause the annual report to be published. 1. The provisions of the Acts mentioned in the following table which are specified in the third column of the table: to 32 and 80. Regulation Act 1906. 1919. Young Persons and Children Act 1920. Ireland) 1924. Ireland) 1927.Conventions) Act 1936. (Fumigation) Act (Northern Ireland) 1938. Act 1948. Substances) Act (Northern Ireland) 1954. Health and Welfare Provisions) Act (Northern Ireland) 1959. Ireland) 1965.Act (Northern Ireland) 1966. Ireland) 1969.Ireland) 1970. 2. The provisions of any regulations, orders or other instruments of a legislative character made or having effect under any provision specified in that table. [3. The provisions of Part II of the Health and Safety at Work (Northern Ireland) Order 1978 and of any health and safety regulations made under that Part.] Paras.1, 2 spent 3.(1) Until a date specified by order made by the Department of Health and Social Services the courses of training to be undergone by men as a condition of [the issue of certificates to them as midwives under the Nurses and Midwives Act (Northern Ireland) 1970 (as amended by Article 22)] [registration as midwives under the Nurses, Midwives and Health Visitors Act 1979] must be courses approved in writing by the Department of Health and Social Services for the purposes of this paragraph. [(2) Until the date specified under sub-paragraph (1), section 30(1) of the Nurses and Midwives Act (Northern Ireland) 1970 (regulation of persons other than certified midwives attending women in childbirth) shall have effect as if for the words "any person who, not being a midwife," there were substituted the words (a)a woman who is a certified midwife, or (b)in a place approved in writing by or on behalf of the Department a man who is a certified midwife", The amendment made by this sub-paragraph shall be read without regard to the section 54A inserted in the said Act of 1970 by Article 22(4). (3) On and after the said date the words to be substituted for those, in the said section 30(1), first mentioned in sub-paragraph (2) are "if a person who is not a certified midwife".] Paras.4, 5 spent 6.(1) Section 6 of the Equal Pay Act (Northern Ireland) 1970 (as amended by paragraph 3 of Schedule 1) shall apply as if the references to death or retirement in subsection (1A)(b) of that section included references to sums payable on marriage in pursuance of a contract of employment made before the making of this Order, or the commutation, at any time, of the right to such sums. (2) In relation to service within section 1(9) of the said Act of 1970 (service of the Crown) for the reference in this paragraph to a contract of employment made before the making of this Order there shall be substituted a reference to terms of service entered into before the making of this Order. Schedule 6Amendments. Schedule 7Repeals 1970 c.32

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	Statutes of Northern Ireland
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Statutes of Northern Ireland