Fair Employment (Northern Ireland) Act 1976 (repealed 1.3.1999)

General U.K.

55 Service of documents. N.I.

(1) Any notice or other document which is required or permitted by [F1 the Fair Employment (Northern Ireland) Acts] to be served on a person may—

(a) if that person is an individual, be served on him—

(i) by delivering it to him, or

(ii) by sending it to him by post, addressed to him at his usual or last-known place of residence or business, or

(iii) by leaving it for him at that place; or

(b) if that person is a body corporate or unincorporate, be served on the body—

(i) by sending it by post to the proper officer of the body at its registered or principal office, or at its principal office in Northern Ireland, or

(ii) by addressing it to the proper officer of the body and leaving it at any such office.

(2) Subsection (1) does not prejudice any other lawful method of service.

Textual Amendments

F1 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 19

56 Orders and reports. N.I.

(1) Any power of the Secretary of State to make an order under section 39(1) or section 59(5) shall be exercisable by statutory instrument.

[F2 (2) The power of the Department to make [F3 regulations under section 28 or an order under section F4 . . .][F5 26(6A) or] 49(3) shall be exercisable by statutory rule for the purposes of the M1 Statutory Rules (Northern Ireland) Order 1979.]

(3) For the purpose of laying before the Northern Ireland Assembly—

(a) a draft of an order under section 49(3); or

(b) a report under section 54(2); or

(c) the [F6 Commission]’s annual report,

section 41(3) of the M2 Interpretation Act (Northern Ireland) 1954 (laying of statutory documents) shall have effect as if the draft order and the reports were statutory documents within the meaning of that Act.

Textual Amendments

F2 S. 56(2) substituted by S.I. 1979/1573 (N.I. 12), Sch. 4 para. 18

F3 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 20(a)

F4 Words in s. 56(2) repealed (16.5.1995) by S.I. 1995/758 (N.I. 4), art. 3(2)(c)

F5 Words in s. 56(2) inserted (16.5.1995) by S.I. 1995/758 (N.I. 4), art. 4(3)

F6 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 20(b)

Marginal Citations

M1 S.I. 1979/1573 (N.I. 12)

M2 1954 c. 33 (N.I.)

57 General interpretation. U.K.

(1) In this Act, unless the context otherwise requires,—

• “access” shall be construed in accordance with subsection (7);

• “act” includes a deliberate omission, and any reference to an act, action or other thing done shall be construed accordingly;

• “advertisement” includes every form of advertisement, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display or circulation of notices or circulars, by exhibition of pictures, models or films or in any other way, and references to the publishing of advertisements shall be construed accordingly;

• [F7 “affirmative action”has the meaning given by section 58 of the Fair Employment (Northern Ireland) Act 1989;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

• “benefits” includes all opportunities, services and facilities, and, in particular, includes opportunities for training, transfer or promotion, for betterment of any kind (including more attractive times or conditions of work) or for any financial advantage (including bonuses, advances of money and preferential terms for acquiring property of any kind);

• [F9 “the Commission” means the Fair Employment Commission for Northern Ireland;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

• “complainant” means a person making a complaint that unlawful discrimination has been committed against him . . . F11

• “complaint” means a complaint of unlawful discrimination made to the [F12 Tribunal] under section 24;

• “confer”, in relation to a qualification, includes renew and extend;

• “contract” includes any contract, whether in writing or oral, express or implied;

• “contravention”, in relation to any provision, includes a failure to comply with that provision;

• “costs” includes expenses;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

• “the Department” means the Department of Manpower Services for Northern Ireland;

• “the Department of Finance” means the Department of Finance for Northern Ireland;

• “discrimination” and “discriminate” shall be construed in accordance with section 16(1) to (4);

• “employer” means—

  (a)

  in relation to a person who is seeking employment, anybody who has employment available;

  (b)

  in relation to a person employed under a contract of service or of apprenticeship or a contract personally to execute any work or labour, the person entitled to the benefit of that contract;

  (c)

  in relation to a person who has ceased to be in employment, his former employer;

  and “employee”, correspondingly, means such a person as is first mentioned in paragraph (a), (b) or (c) of this definition;

• “employment” means employment under a contract of service or apprenticeship or a contract personally to execute any work or labour, and, without prejudice to the definitions of “employer” and “employee” above, related expressions shall be construed accordingly;

• “employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;

• “employment in Northern Ireland” shall be construed in accordance with section 49;

• “enactment” includes an enactment contained in an Act of the Parliament of Northern Ireland or an Order in Council made under the M3 Northern Ireland (Temporary Provisions) Act 1972, or in a Measure of the Northern Ireland Assembly;

• “equality of opportunity” shall be construed in accordance with [F15 section 20 of the Fair Employment (Northern Ireland) Act 1989];

• “financial year” means a year ending on 31st March;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

• “government department” includes a Northern Ireland department;

• “the High Court” means the High Court of Justice in Northern Ireland;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

• “member”, in relation to a vocational organisation, includes (except in section 21) a person seeking to become a member and a person who has ceased to be a member, and in relation to such an organisation (other than an organisation of workers or employers) also includes any person belonging to a class of person recognised by the organisation as having any particular status in connection with an employment or occupation for the purposes of which the organisation exists, including students and associates, and “membership” shall be construed accordingly.

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

• “notice” means a notice in writing;

• “occupation” includes any trade, business, profession or vocation, but not any employment;

• “occupation in Northern Ireland” shall be construed in accordance with section 49;

• “organisation” includes any society or association whether corporate or unincorporate;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

• “practices” includes procedures and arrangements;

• “proper officer”, in relation to any body corporate or unincorporate, means the secretary or other executive officer charged with the conduct of the general affairs of the body;

• “qualification” includes authorisation, recognition, registration, enrolment, approval and certification;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

• “the respondent”, in relation to a complaint, has the meaning given by section 24(1);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

• “school” has the same meaning as in the M4 Education and Libraries (Northern Ireland) Order [F18 1986];

• “the Standing Advisory Commission on Human Rights” means the commission constituted by that name under section 20 of the M5 Northern Ireland Constitution Act 1973;

• “statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up;

• “training” includes any form of education or instruction, except that in [F19 section 22 of this Act and sections 11(1)(e) and 20(4)(b)(ii) of the Fair Employment (Northern Ireland) Act 1989] it does not include [F20 education provided by]—

  (a)

  a school, or

  (b)

  an institution of further education within the meaning of the Education and Libraries (Northern Ireland) Order [F21 1986] or an institution in respect of which contributions are paid by an Education and Library Board under [F22 Article 100(8) of the Education Reform (Northern Ireland) Order 1989], or

  (c)

  [F23 a college of education within the meaning of that Order;]

  (d)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

  (e)

  a university;

• [F25 “the Tribunal” means the Fair Employment Tribunal for Northern Ireland;]

• “unlawful discrimination” shall be construed in accordance with section 16(5);

• “vocational organisation” means—

  (a)

  an organisation of workers, or

  (b)

  an organisation of employers, or

  (c)

  any other organisation of persons engaged in a particular employment or occupation, or employments or occupations of any class, for the purposes of which the organisation exists.

(2) In this Act references to a person’s religious belief or political opinion include references to his supposed religious belief or political opinion and to the absence or supposed absence of any, or any particular, religious belief or political opinion.

(3) In this Act any reference to a person’s political opinion does not include an opinion which consists of or includes approval or acceptance of the use of violence for political ends connected with Northern Irish affairs (including the use of violence for the purpose of putting the public or any section of the public in fear).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(5) For the purposes of this Act a person is seeking employment if he is available for employment, whether or not he is aware of the existence of an opportunity for any particular employment.

(6) References in this Act to submitting a person for consideration for employment include references to making available to an employer in any way relevant particulars relating to him.

(7) References in this Act to the affording by any person of access to benefits are not limited to benefits provided by him alone, but include any means by which it is in his power to facilitate access to benefits provided by others.

(8) Without prejudice to any provision of section 49 or any order under subsection (3) of that section and subject to any other provision of this Act which is limited by its express terms to acts done in Northern Ireland, references (however expressed) in this Act to acts done or to power to do any acts, other than references to acts which may be the subject of criminal proceedings under this Act, include references to acts done or power to do the acts outside Northern Ireland; and references to a contract include references to a contract the proper law of which is not the law of Northern Ireland.

(9)(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(11) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

(12) In this Act, except where otherwise indicated,—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered, and

(d) a reference in a paragraph of a section, subsection or Schedule to a numbered sub-paragraph is a reference to the sub-paragraph of that paragraph so numbered.

Textual Amendments

F7 Definition inserted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 21(a)

F8 Definitions repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(2), Sch. 3

F9 Definition inserted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 21(b)

F10 Definition repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(2), Sch. 3

F11 Words repealed (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(2), 60(2), Sch. 3

F12 Word “Tribunal” substituted for word “Agency”by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1), 60(2), Sch. 2 para. 21(c) (coming into force 1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) )

F13 Definition repealed (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(2), 60(2), Sch. 3

F14 Definition repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(2), Sch. 3

F15 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 21(d)

F16 Definitions repealed (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c.32, SIF 43:1), ss. 59(2), 60(2), Sch. 3

F17 Definitions repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(2), Sch. 3

F18 Words substituted by S.I. 1986/594 (N.I. 3), art. 132(2), Sch. 18

F19 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1), Sch. 2 para. 21(e)(i)

F20 Words substituted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1), Sch. 2 para. 21(e)(ii)

F21 Words substituted by S.I. 1986/594 (N.I. 3), art. 132(2), Sch. 18

F22 Words substituted by virtue of S.I. 1986/594 (N.I. 3), art. 132(2). Sch. 18 and S.I. 1989/2406 (N.I. 20), art. 166, Sch. 9

F23 Paragraph (c) substituted by S.I. 1986/594 (N.I. 3), art. 132(2), Sch. 18

F24 Sub-para. (d) repealed by S.I. 1984/1167 (N.I. 10), art. 6(3), Sch. 2

F25 Definition inserted by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(1), Sch. 2 para. 21(f)

F26 S. 57(4)(9)(10) repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(2), Sch. 3

Modifications etc. (not altering text)

C1 S. 57 applied (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 5(5); S.R. 1997/273, art. 2(4)

Marginal Citations

M3 1972 c. 22.

M4 S.I. 1986/1263 (N.I. 12)

M5 1973 c. 36.

58 Amendments and extension of enactments, and repeal. U.K.

(1) The enactments mentioned in Schedule 6 shall have effect subject to the respective amendments there specified (being amendments consequential on the provisions of this Act).

(2) The following enactments, namely,—

(a) section 5(2)(a) of the M6 Parliamentary Commissioner Act 1967;

(b) section 5(2)(a) of the M7 Parliamentary Commissioner Act (Northern Ireland) 1969; and

(c) section 5(3)(a) of the M8 Commissioner for Complaints Act (Northern Ireland) 1969.

shall have effect in relation to the right of a person to make a complaint of unlawful discrimination under this Act as if it were such a right of appeal, reference or review as is mentioned in those enactments.

(3) Section 20(1)(b) of the Northern Ireland Constitution Act 1973 is hereby repealed.

Modifications etc. (not altering text)

C2 The text of s. 51(1)(3), Schedule 6 is in the form in which it was originally enacted: it was not reproduced in the Statutes in Force and, except as specified, does not reflect any amendments or repeals that may have been made prior to 1.2.1991.

Marginal Citations

M6 1967 c. 13

M7 1969 c. 10 (N.I.)

M8 1969 c. 25 (N.I.)

59 Short title, extent and commencement. N.I.

(1) This Act may be cited as the Fair Employment (Northern Ireland) Act 1976.

(2) Subject to subsections (3) and (4) and without prejudice to section 57(8) . . . F27 , this Act extends to Northern Ireland only.

(3) The amendments, extension and repeal of enactments which are made by section 58(1), (2)(a) and (3) and Schedule 6 have the same extent as the enactments that are so amended, extended or repealed.

(4) Sections 47 and 52 and so much of section 57 as applies for the interpretation of those sections extend to the whole of the United Kingdom.

(5) This Act shall come into operation on such day as the Secretary of State may by order appoint.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

F27 Words repealed (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(2), 60(2), Sch. 3

F28 S. 59(6) repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(2), Sch. 3

Modifications etc. (not altering text)

C3 Powers of appointment conferred by s. 59(5)(6) fully exercised: 1.9.1976 appointed by S.I. 1976/1182