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The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

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Appeal against non-discrimination notice

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38.—(1) Not later than 6 weeks after a non-discrimination notice is served on any person he may appeal against any requirement of the notice to a county court, so far as the requirement relates to acts which are within the jurisdiction of the court and are not within the jurisdiction of an industrial tribunal.

(2) Where the court considers a requirement in respect of which an appeal is brought under paragraph (1) to be unreasonable because it is based on an incorrect finding of fact or for any other reason, the court shall quash the requirement.

(3) On quashing a requirement under paragraph (2) the court may direct that the non-discrimination notice shall be treated as if, in place of the requirement quashed, it had contained a requirement in terms specified in the direction.

(4) Paragraph (1) does not apply to a requirement treated as included in a non-discrimination notice by virtue of a direction under paragraph (3).

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