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Northern Ireland Act 1998

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Commencement Orders bringing legislation that affects this Act into force:

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;

(b)any body (other than the Equality Commission) listed in Schedule 2 to the M2Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation);

(c)any department or other authority listed in Schedule 2 to the M3Ombudsman (Northern Ireland) Order 1996 (departments and other authorities subject to investigation);

[F1(cc)the Northern Ireland Policing Board, the Chief Constable of the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland;]

[F2(cd)the Director of Public Prosecutions for Northern Ireland;]

[F3(ce)the Chief Inspector of Criminal Justice in Northern Ireland;

(cf)the Northern Ireland Law Commission;]

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

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

[F4(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 [F5or 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)]F5 .]

(5)In this section—

  • disability” has the same meaning as in the M4Disability Discrimination Act 1995; and

  • racial group” has the same meaning as in the M5Race Relations (Northern Ireland) Order 1997.

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Amendments (Textual)

F3S. 75(3)(ce)(cf) inserted (1.1.2005 for certain purposes and otherwise 16.4.2007) by 2002 c. 26, ss. 85, 87(1), Sch. 12 para. 63; S.R. 2004/502, art. 2(b); S.R. 2007/237, art. 2, Sch. para. 6(c)

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

Marginal Citations

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