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Northern Ireland Act 1998

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Northern Ireland Act 1998, Section 75 is up to date with all changes known to be in force on or before 25 September 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Act modified (cond.) by 2006 c. 17 Sch. 2 para. 2(5) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 17 Sch. 3 para. 2(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 53 Sch. 3 para. 2(1) (This amendment This amendment not applied to legislation.gov.uk to legislation.gov.uk. It is a conditional amendment that was never brought into force. Sch. 3 repealed (10.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), s. 2(5) (as amended by 2007 c. 4, s. 1(1)), Sch. 4 para. 3 (with s. 1(3)); S.I. 2007/1397, art. 2)
  • s. 31(2E) inserted (cond.) by 2006 c. 17 Sch. 3 para. 3(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • Sch. 2 para. 9B inserted by 2009 c. 8 s. 27 (This amendment not applied to legislation.gov.uk. The amending provision was repealed (16.2.2011) without ever being in force by 2010 c. 36, ss. 2(1), 4(2))
  • Sch. 3 para. 9(1)(a)-(ac) substituted for Sch. 3 para. 9(a) by 2016 c. 25 Sch. 10 para. 2

75 Statutory duty on public authorities.E+W+S+N.I.

(1)A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—

(a)between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;

(b)between men and women generally;

(c)between persons with a disability and persons without;

and

(d)between persons with dependants and persons without.

(2)Without prejudice to its obligations under subsection (1), a public authority shall in carrying out its functions relating to Northern Ireland have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.

(3)In this section “public authority” means—

(a)any department, corporation or body listed in Schedule 2 to the M1Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation) and designated for the purposes of this section by order made by the Secretary of State;

[F1(b)any authority (other than the Equality Commission, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);]

[F2(cc)F3... the Chief Constable of the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland;]

[F4(cd)the Director of Public Prosecutions for Northern Ireland;]

F5(ce). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(cf). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any other person designated for the purposes of this section by order made by the Secretary of State.

[F7(3A)An order under subsection (3)(a) or (d) may provide that the designated department, corporation, body or other person—

(a)is not subject to, or is only subject to, specified obligations under subsection (1) or (2), or

(b)is not subject to, or is only subject to, specified obligations under subsection (1) or (2)—

(i)when exercising a specified function, or

(ii)when exercising a specified function in specified circumstances or for specified purposes.

(3B)In subsection (3A) “specified” means specified in the order.]

(4)Schedule 9 (which makes provision for the enforcement of the duties under this section) shall have effect.

[F8(4A)The references in subsections (1) and (2) and Schedule 9 to the functions of the Director of Public Prosecutions for Northern Ireland do not include any of his functions relating to the prosecution of offences [F9or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations)] .]

(5)In this section—

  • disability” has the same meaning as in the M2Disability Discrimination Act 1995; and

  • racial group” has the same meaning as in the M3Race Relations (Northern Ireland) Order 1997.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 75(3)(b) substituted for s. 75(3)(b)(c) (1.4.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 8 para. 5

F2S. 75(3)(cc) inserted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 24(2); S.R. 2001/396, art. 2 Sch.

F3Words in s. 75(3)(cc) repealed (1.4.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 9

F4S. 75(3)(cd) inserted (1.6.2006) by 2002 c. 26, ss. 38(2), 87(1); S.R. 2005/281, art. 5

F8S. 75(4A) inserted (1.6.2006) by 2002 c. 26, ss. 38(3), 87(1); S.R. 2005/281, art. 5

F9Words in s. 75(4A) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94, Sch. 8 para. 158(1); S.I. 2008/755, art. 2(1)(a) (subject to arts. 3-14))

Modifications etc. (not altering text)

Commencement Information

I1S. 75 wholly in force at 1.1.2000; s. 75 not in force at Royal Assent see s. 101(3); s. 75(3)(a)(d) in force for specified purposes at 1.3.1999 by S.I. 1999/340, art. 2(4); s. 75(4) in force for further specified purposes at 1.10.1999 by S.I. 1999/2204, art. 3; s. 75 in force at 1.1.2000 insofar as not already in force by S.I. 1999/2204, art. 4

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