The Race Relations (Northern Ireland) Order 1997

Persistent discrimination

59.—(1) If, during the period of 5 years beginning on the date on which either of the following became final in the case of any person, namely—

(a) a non-discrimination notice served on him, or

(b) a finding by a tribunal or court under Article 52 or 54 that he has done an unlawful discriminatory act,

it appears to the Commission that unless restrained he is likely to do one or more acts falling within sub-paragraph (b), or contravening Article 28, the Commission may apply to a county court for an injunction restraining him from doing so; and the court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.

(2) In proceedings under this Article the Commission shall not allege that the person to whom the proceedings relate has done an act falling within paragraph (1)(b) or contravening Article 28 which is within the jurisdiction of an industrial tribunal unless a finding by an industrial tribunal that he did that act has become final.