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The Race Relations (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

Undertakings by persons contravening this Order

62.—(1) This Article applies to—

(a)an unlawful discriminatory act;

(b)an act contravening Article 28;

(c)an act contravening Article 29, 30 or 31,

and so applies whether or not proceedings have been brought in respect of the act.

(2) If the Commission is satisfied that a person is committing or has committed any such act the Commission may, for the purpose of preventing the commission by that person of any further such act, seek to obtain from that person an undertaking—

(a)that he will do, or refrain from doing, certain acts specified in the undertaking;

(b)that he will institute certain practices or arrangements so specified; or

(c)that he will change his existing practices or arrangements in a manner so specified.

(3) An undertaking given by any person under this Article shall—

(a)be in writing;

(b)be in such terms as may be agreed between that person and the Commission;

(c)contain such terms as appear to the Commission to be necessary or appropriate for the purpose mentioned in paragraph (2); and

(d)have effect for such period as may be specified therein.

(4) If it appears to the Commission that a person who has given an undertaking under this Article has, at any time within the period specified therein by virtue of paragraph (3)(d), failed to comply with the undertaking, the Commission may apply to the county court for a decision as to whether that person has failed to comply with the undertaking.

(5) Paragraph (2) does not apply to any act in respect of which the Department of Education could exercise the powers conferred on it by Article 20(2); but if the Commission becomes aware of any such act it shall give notice of the act to the Department of Education.

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