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The Fair Employment and Treatment (Northern Ireland) Order 1998

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Fair Employment and Treatment (Northern Ireland) Order 1998 No. 3162

Enforcement at instance of Commission and actions for breach of duty

65.—(1) If it appears to the Commission—

(a)that any public authority has taken any action in contravention of Article 64 or has, in neglecting to take any action, failed to comply with that Article and that, unless an injunction is granted, the authority is likely again to contravene or fail to comply with that Article; or

(b)that any public authority proposes to take any action in contravention of that Article,

the Commission may apply to the High Court for an injunction restraining him from contravening that Article and, where sub-paragraph (a) applies, requiring him to comply with that Article.

(2) Any contravention of that Article is actionable by any person who, in consequence, suffers loss or damage, but the amount recoverable in any such action shall not exceed any expenditure reasonably incurred by him before the date of the contravention in question.

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