Miscellaneous

22Equality duties

1

In section 75 of the Northern Ireland Act 1998 (statutory duty on public authorities), after subsection (3) insert—

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.

2

In Schedule 9 to that Act (equality: enforcement of duties), in paragraph 4, after sub-paragraph (4) insert—

5

But where the public authority is designated by order under section 75(3)(a) or (d)—

  • “equality of opportunity” does not include equality of opportunity in relation to which (by virtue of the order) the public authority has no obligations under section 75(1);

  • “the relevant functions” does not include functions of the public authority so far as the obligations imposed by section 75 do not (by virtue of the order) apply to their exercise.