Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 418

SEX DISCRIMINATION

Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996

Made

10th September 1996

Coming into operation

20th October 1996

The Department of Economic Development, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures relating to equal pay for men and women and to equal treatment for men and women in matters of employment, self-employment and vocational training(2), in exercise of the powers conferred by that section, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Sex Discrimination (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 20th October 1996.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Sex Discrimination (Northern Ireland) Order 1976

2.—(1) The Sex Discrimination (Northern Ireland) Order 1976(4) is amended as follows.

(2) After Article 65(1) there is inserted—

“(1A) In applying Article 66 for the purposes of paragraph (1)(b), no account shall be taken of paragraph (3) of that Article.

(1B) As respects an unlawful act of discrimination falling within Article 3(1)(b) or Article 5(1)(b), if the respondent proves that the requirement or condition in question was not applied with the intention of treating the complainant unfavourably on the ground of his sex or marital status as the case may be, an order may be made under paragraph (1)(b) only if the industrial tribunal—

(a) makes such order under paragraph (1)(a) and such recommendation under paragraph (1)(c) (if any) as it would have made if it had no power to make an order under paragraph (1)(b); and

(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.”.

(3) In Article 65(3)(b), for the words “could have been made but was not” there is substituted “was not made”.

(4) In Article 66(3) the words from “(or, where” to “Article 5(1)(b))” and the words “or marital status as the case may be” are omitted.

Sealed with the Official Seal of the Department of Economic Development on 10th September 1996.

L.S.

W. D. A. Haire

Assistant Secretary

Explanatory Note

(This note is not part of the Regulations.)

These Regulations extend the remedies available for sex discrimination, pursuant to Council Directive 76/207/EEC(5). They enable an industrial tribunal to award compensation to a person who has suffered indirect discrimination under Part III of the Sex Discrimination (Northern Ireland) Order 1976, even where the respondent did not intend to treat the complainant unfavourably on the ground of his sex or marital status, where it would not be just and equitable to grant other remedies alone.

(1)

1972 c. 68

(2)

The European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661)

(3)

1954 c. 33 (N.I.)

(4)

S.I. 1976/1042 (N.I. 15)

(5)

O.J. No. L39, 14.2.76, p. 40