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The Fair Employment and Treatment (Northern Ireland) Order 1998

Status:

This is the original version (as it was originally made).

Further exceptions from Articles 28(1) and 29

31.—(1) Articles 28(1) and 29 do not apply—

(a)to discrimination which is rendered unlawful by any provision of Part III or Article 27; or

(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.

(3) So far as it relates to discrimination on the grounds of religious belief, Article 28(1) does not apply to goods, facilities or services provided by, or on behalf of, a religious denomination where the essential nature of the goods, facilities or services requires them to be provided—

(a)only to persons holding or not holding a particular religious belief; or

(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—

(a)only to persons holding or not holding a particular political opinion; or

(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—

(a)the Board of Governors or proprietor of a school;

(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)—

(a)Article 29(2) does not apply to the disposal by a person of those premises;

(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—

(a)a school;

(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.

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