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The Race Relations (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

Interpretation

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“access” shall be construed in accordance with Article 39;

“act” includes a deliberate omission;

“advertisement” includes every form of advertisement or notice, whether to the public or not;

“the Commission” means the Commission for Racial Equality for Northern Ireland;

“Commissioner” means a member of the Commission;

“the Department” means the Department of Economic Development;

“discrimination” and related terms shall be construed in accordance with paragraph (4);

“education” includes any form of training or instruction;

“employment” means employment under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;

“employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;

“final” shall be construed in accordance with paragraph (3);

“formal investigation” means an investigation under Article 46;

“general notice”, in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

“genuine occupational qualification” shall be construed in accordance with Article 8;

“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;

“nationality” includes citizenship;

“non-discrimination notice” means a notice under Article 55;

“Northern Ireland” includes such of the territorial waters of the United Kingdom as are adjacent to Northern Ireland;

“notice” means a notice in writing;

“premises” includes land of any description;

“prescribed” means prescribed by regulations made by the Department;

“profession” includes any vocation or occupation;

“racial grounds” and “racial group” have the meaning given by Article 5;

“statutory provision” has the meaning given by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954;

“trade” includes any business;

“training” includes any form of education or instruction.

(3) For the purposes of this Order a non-discrimination notice or a finding by a court or tribunal becomes final when—

(a)an appeal against the notice or finding is dismissed, withdrawn or abandoned; or

(b)the time for appealing expires without an appeal having been brought;

and for the purposes of sub-paragraph (a) an appeal against a non-discrimination notice shall be taken to be dismissed if, notwithstanding that a requirement of the notice is quashed on appeal, a direction is given in respect of it under Article 56(3).

(4) In this Order—

(a)references to discrimination are to any discrimination falling within Article 3 or 4; and

(b)references to racial discrimination are to any discrimination falling within Article 3;

and related expressions shall be construed accordingly.

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