Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations “sexual orientation” means a sexual orientation towards –

(a) persons of the same sex;

(b) persons of the opposite sex; or

(c) persons of the same sex and of the opposite sex.

(3) In these Regulations, references to discrimination are to any discrimination falling within regulation 3 (discrimination on grounds of sexual orientation) or 4 (discrimination by way of victimisation) and related expressions shall be construed accordingly, and references to harassment shall be construed in accordance with regulation 5 (harassment on grounds of sexual orientation).

(4) In these Regulations –

“act” includes a deliberate omission;

“benefits”, except in regulation 11 (trustees and managers of occupational pension schemes), includes facilities and services;

“the Commission” means the Equality Commission for Northern Ireland established by section 73 of the Northern Ireland Act 1998(2);

“the Department” means the Office of the First Minister and deputy First Minister;

“detriment” does not include harassment within the meaning of regulation 5;

references to “employer”, in their application to a person at any time seeking to employ another, include a person who has no employees at that time;

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

“Minister of the Crown” includes the Treasury and the Defence Council;

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

“Northern Ireland Minister” includes the First Minister and deputy First Minister acting jointly; and

“school” has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986(3).

(1)

1954 c. 33 (N.I.)

(2)

1998 c. 47

(3)

S.I. 1986/594 (N.I. 3)