BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Northern Ireland Orders in Council |
||
|
You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Fair Employment and Treatment (Northern Ireland) Order 1998 (N.I. 21) URL: http://www.bailii.org/nie/legis/num_orders/1998/19983162(04).html |
||
[New search] [Help]
| Statutory Instruments 1998 No. 3162 (N.I. 21) The Fair Employment and Treatment (Northern Ireland) Order 1998 - continued |
|
Discrimination by bodies in charge of further and higher educational establishments 27. - (1) It is unlawful, in relation to an educational establishment falling within paragraph (2), for the governing body of that establishment to discriminate against a person -
(b) by refusing or deliberately omitting to accept an application for his admission to the establishment as a student; or (c) where he is a student of the establishment -
(ii) by excluding him from the establishment or subjecting him to any other detriment.
(2) The educational establishments falling within this paragraph are -
(b) an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 or an institution providing further education in respect of which grants are paid under Article 5(1) of that Order.
(3) In this Article "student" includes any person who receives education at an establishment falling within paragraph (2). Discrimination in provision of goods, facilities or services 28. - (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 person who seeks to obtain or use those goods, facilities or services -
(b) by refusing or deliberately omitting to provide him with goods, facilities or services of the same quality, in the same manner and on the same terms as are normal in his case in relation to other members of the public or (where the person so seeking belongs to a section of the public) to other members of that section.
(2) The following are examples of the facilities and services mentioned in paragraph (1) -
(b) accommodation in a hotel, boarding house or other similar establishment; (c) facilities by way of banking or insurance or for grants, loans, credit or finance; (d) facilities for training; (e) facilities for entertainment, recreation or refreshment; (f) facilities for transport or travel; (g) the services of any profession, trade or business, or any local or other public authority.
Discrimination in disposal or management of premises
(b) by refusing his application for those premises; or (c) in his treatment of him in relation to any list of persons in need of premises of that description.
(2) Paragraph (1) does not apply to a person who owns an estate in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he -
(b) publishes an advertisement or causes an advertisement to be published.
(3) It is unlawful for a person managing any premises to discriminate against a person occupying those premises -
(b) by evicting him, or subjecting him to any other detriment.
(4) It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in a tenancy to discriminate against a person by withholding his licence or consent for the disposal of the premises to that person.
(b) sub-letting or parting with possession of the premises or any part of the premises; and "disposal" shall be construed accordingly;
(b) by an agreement for a lease or sub-lease, (c) by a tenancy agreement, or (d) in pursuance of any statutory provision.
(7) This Article applies only in relation to premises in Northern Ireland.
(b) Article 29(1) does not apply to the disposal by a person of any premises; (c) Article 29(4) does not apply to the withholding of any consent or licence.
(2) The conditions are that -
(b) the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household; (c) the shared accommodation is not storage accommodation or a means of access; and (d) the premises are small premises.
(3) For the purposes of this Article, premises are "small premises" if they fall within paragraph (4) or (5).
(b) the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household; (c) the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and (d) there are not normally more than two such other households.
(5) Premises fall within this paragraph if there is not normally residential accommodation on the premises for more than 6 persons in addition to the relevant occupier and any members of his household.
(b) in a case falling within Article 29(1), the person with power to dispose of the premises, or a near relative of his; (c) in a case falling within Article 29(4), the person whose licence or consent is required for the disposal of the premises, or a near relative of his.
(7) For the purposes of this Article "near relative" means a person's spouse, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by affinity).
(b) to discrimination which would be rendered unlawful by any provision of Part III but for Article 22(3) or 70(1)(b).
(2) Article 28(1) does not apply to anything done by a person as a participant in arrangements under which he (for reward or not) takes into his home, and treats as if they were members of his family, children, elderly persons, or persons requiring a special degree of care and attention.
(b) in a manner or on terms which, apart from this paragraph, would be unlawful by virtue of this Order.
(4) So far as it relates to discrimination on the grounds of political opinion, Article 28(1) does not apply to goods, facilities or services provided by, or on behalf of, a party registered under the Registration of Political Parties Act 1998 where the essential nature 1998 c. of the goods, facilities or services requires them to be provided -
(b) in a manner or on terms which, apart from this paragraph, would be unlawful by virtue of this Order.
(5) Article 28(1) does not apply to any goods, facilities or services provided by -
(b) the governing body of a college of education; or (c) a person providing training in connection with any employment or occupation as a clergyman or minister of religion.
(6) Where premises fall within paragraph (7) -
(b) Article 29(4) does not apply to the withholding of any consent or licence in relation to those premises.
(7) Premises fall within this paragraph if the premises are -
(b) a college of education; or (c) premises comprising an establishment providing training in connection with any employment or occupation as a clergyman or minister of religion.
Discrimination by, or in relation to, barristers
(b) in respect of any terms on which he offers to take any person as his pupil; or (c) by refusing, or deliberately omitting, to take a person as his pupil.
(2) It is unlawful for a barrister, in relation to a person who is his pupil, to discriminate against him -
(b) in the opportunities for training, or gaining experience, which are afforded or denied to him; (c) in the benefits which are afforded or denied to him; or (d) by terminating the relationship or by subjecting him to any pressure to terminate the relationship or other detriment.
(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person. Extent of Part IV 33. - (1) Article 27 does not apply to benefits outside Northern Ireland except -
(b) benefits provided on a ship so registered.
(2) Article 28(1) -
(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.
(3) Article 28(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 (4).
(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 other than an aircraft or hovercraft while operated in pursuance of a contract with a person who has his principal place of business, or is ordinarily resident, outside the United Kingdom,
even if the ship, aircraft or hovercraft is outside Northern Ireland. Discriminatory advertisements 34. - (1) It is unlawful to publish, or cause to be published, an advertisement which indicates, or could reasonably be understood as indicating, an intention by a person to do an act which is unlawful by virtue of any provision of Part III or IV. (2) Paragraph (1) does not apply if the intended act would be prevented from being unlawful by any provision of this Order. (3) Paragraph (1) does not apply to the publisher of an advertisement in respect of the publication of the advertisement if the intended act would not be unlawful by virtue of any provision of Part III or IV but for Article 3(2)(b). (4) The publisher of an advertisement which is unlawful by virtue of paragraph (1) shall not be subject to any liability under that paragraph in respect of the publication of the advertisement if he proves -
(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)(a) which in a material respect is false or misleading shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(b) directs, procures or induces,
another to do an act which is unlawful by virtue of any provision of Part III or IV or Article 34 shall be treated for the purposes of this Order as if he, as well as that other, had done that act.
(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 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(b) given before or after the act in question was done.
(4) 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 the same description. Restriction on proceedings for breach of this Order 37. - (1) Except as provided by this Order or regulations thereunder, no proceedings whether civil or criminal shall be brought against any person in respect of a contravention of any provision of this Order or of such regulations. (2) Nothing in paragraph (1) prevents any application for judicial review. Complaint to Tribunal 38. - (1) A complaint by any person ("the complainant") that another person ("the respondent") -
(b) by virtue of Article 35 or 36 is to be treated as having committed such an act of discrimination against the complainant,
may be presented to the Tribunal.
(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 40; (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 unlawful discrimination to which the complaint relates; (d) 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 a person other than the complainant of any unlawful discrimination to which the complaint relates.
(2) In applying Article 40 for the purposes of paragraph (1)(b), no account shall be taken of paragraph (3) of that Article.
(b) (where it makes an order under paragraph (1)(a) or a recommendation under paragraph (1)(c) or both) considers that it is just and equitable to make an order under paragraph (1)(b) as well.
(4) Compensation awarded to a person under paragraph (1)(b) may include compensation for injury to feelings whether or not it includes compensation under any other head.
(b) if an order under paragraph (1)(b) was not made, the Tribunal may make such an order.
(6) Where compensation falls to be awarded in respect of any act both under the provisions of this Article and under any other statutory provision, the 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 a court or tribunal in awarding compensation in an action or complaint in respect of that act.
(b) specifying, for cases where the Tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
(8) If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by the Tribunal under paragraph (1)(d), the President or Vice-President may -
(b) require the respondent to pay to the Department a pecuniary penalty of an amount not exceeding £40,000.
(9) Where the President or Vice-President has certified a failure under paragraph (8)(a), the High Court may deal with the respondent as if the recommendation of the Tribunal had been an order of the High Court.
(b) in relation to each subsequent order, the last occasion when the sum specified in paragraph (8)(b) was altered.
(13) The Department shall pay into the Consolidated Fund any sums received in respect of penalties under this Article. |
| © Crown copyright 1998 | Prepared 20 January 1999 |
