52 Further provisions about codes issued under section 51.

1

In this section—

• “proposal” means a proposal made by F1the Equality Commission for Northern Ireland to a Northern Ireland department under section 51;

• “responsible department”—

  1. a

     in relation to a proposal, means the Northern Ireland department to which the proposal is made,

  2. b

     in relation to a code, means the Northern Ireland department by which the code is issued; and

• “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

2

In preparing any proposal, F1the Equality Commission for Northern Ireland shall consult—

a

such persons (if any) as the responsible department has specified in making its request to F1the Equality Commission for Northern Ireland; and

b

such other persons (if any) as F1the Equality Commission for Northern Ireland considers appropriate.

3

Before making any proposal F1the Equality Commission for Northern Ireland shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.

4

Where F1the Equality Commission for Northern Ireland makes any proposal, the responsible department may—

a

approve it;

b

approve it subject to such modifications as that department thinks appropriate; or

c

refuse to approve it.

5

Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly.

6

If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code.

7

If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft.

8

The code shall come into force on such date as the responsible department may appoint by order.

9

Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly.

10

If the responsible department refuses to approve a proposal, that department shall give F1the Equality Commission for Northern Ireland a written statement of the department’s reasons for not approving it.

11

The responsible department may by order revoke a code.