- Latest available (Revised)
- Original (As made)
The Equality (Disability, etc.) (Northern Ireland) Order 2000, Section 10 is up to date with all changes known to be in force on or before 01 May 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
10.—(1) A person on whom a non-discrimination notice is served may, within the period of six weeks beginning on the day on which the notice is served on him, appeal against any requirement imposed by the notice under Article 6(1)(b) or (3).N.I.
(2) An appeal under this paragraph lies—
(a)to an industrial tribunal, so far as the requirement relates to acts within the tribunal's jurisdiction; and
(b)to a county court, so far as the requirement relates to acts which are not within the jurisdiction of an industrial tribunal.
(3) The court or tribunal may quash any requirement appealed against—
(a)if it considers the requirement to be unreasonable; or
(b)in the case of a requirement imposed under Article 6(1)(b), if it considers that the Commission's finding that the person concerned had committed or is committing the unlawful act in question was based on an incorrect finding of fact.
(4) On quashing a requirement, the court or tribunal may direct that the non-discrimination notice shall have effect with such modifications as it considers appropriate.
(5) The modifications which may be included in such a direction include—
(a)the substitution of a requirement in different terms; and
(b)in the case of a requirement imposed under Article 6(1)(b), modifications to the details given under Article 6(1)(a) so far as necessary to describe any unlawful act on which the requirement could properly have been based.
(6) Sub-paragraph (1) does not apply to any modifications contained in a direction under sub-paragraph (4).
(7) If the court or tribunal allows an appeal under this paragraph without quashing the whole of the non-discrimination notice, the Commission may by notice to the person concerned vary the non-discrimination notice—
(a)by revoking or altering any recommendation included in pursuance of the Commission's power under Article 6(2); or
(b)by making new recommendations in pursuance of that power.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: