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The Equality (Disability, etc.) (Northern Ireland) Order 2000
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Persistent discriminationN.I.
8.—(1) This Article applies during the period of five years beginning on the date on which—
(a)a non-discrimination notice served on a person,
(b)a finding by a court or tribunal in proceedings under[F1 section 17A] or 25 of the 1995 Act that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part II or Part III of that Act,F2. . .
[F2(bb)a finding by a court or tribunal in proceedings under Article 22, 24 or 31 of the 2005 Order, or in proceedings under provision made under Article 38 of that Order, that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part III of that Order, or
(c)a finding by a court or tribunal in any other proceedings that a person has committed an unlawful act of a description prescribed under paragraph (4),]
has become final.
(2) If during that period it appears to the Commission that unless restrained the person concerned is likely to do one or more unlawful acts, the Commission may apply to a county court for an injunction restraining him from doing so.
(3) The court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.
(4) In this Article “unlawful act” means an act which is unlawful discrimination[F1 or harassment] for the purposes of any provision of Part II or Part III of the 1995 Act[F2 or Part III of the 2005 Order] or any other unlawful act of a description prescribed for the purposes of this Article.
(5) A finding of a court or tribunal becomes final for the purposes of this Article when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.
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