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[2nd July 1976] [{1}Ulster Polytechnic]. 5. 25. It is unlawful for an
Education and Library Board, in carrying out such of its functions under the
Education and Libraries (Northern Ireland) Order 1972 as do not fall under
Article 24, to do any act which constitutes sex discrimination. N General duty
in public sector of education A > 26. (1) Without prejudice to its obligation
to comply with any other provision of this Order, a body to which this
paragraph applies shall be under a general duty to secure that facilities for
education provided by it, and any ancillary benefits or services, are provided
without sex discrimination. B>(2) Article 90 of the Education and Libraries
(Northern Ireland) Order 1972 (power of Department of Education to prevent
unreasonable exercise of functions) shall apply to the performance by a body
to which paragraph (1) applies of the duties imposed by Articles 24 and 25 and
shall also apply to the performance of the general duty imposed by paragraph
(1), as it applies to the performance by an Education and Library Board of a
duty imposed by that Order. B>(3) The sanctions in paragraph (2) shall be the
only sanctions for breach of the general duty in paragraph (1), but without
prejudice to the enforcement of Articles 24 and 25 under Article 66 or
otherwise (where the breach is also a contravention of either of those
Articles). B>(4) Paragraph (1) applies to C >>( a ) an Education and Library
Board; and C >>( b ) any other body which is a responsible body in relation to
an establishment falling within paragraph 1, 4 or 5 of the table in Article
24. N Exception for single-sex establishments A > 27. (1) Articles 24 ( a )
and ( b ) and 26 do not apply to the admission of pupils to any establishment
(a ""single-sex establishment'') which admits pupils of one sex only, or which
would be taken to admit pupils of one sex only if there were disregarded
pupils of the opposite sex C >>( a ) whose admission is exceptional, or C >>(
b ) whose numbers are comparatively small and whose admission is confined to
particular courses of instruction or teaching classes. B >(2) Where a school
which is not a single-sex establishment has some pupils as boarders and others
as non-boarders, and admits as boarders pupils of one sex only (or would be
taken to admit as boarders pupils of one sex only if there were disregarded
boarders of the opposite sex whose numbers are comparatively small), Articles
24( a ) and ( b ) and 26 do not apply to the admission of boarders and
Articles 24( c )(i) and 26 do not apply to boarding facilities. B>(3) Where an
establishment is a single-sex establishment by reason of its inclusion in
paragraph (1)( b ), the fact that pupils of one sex are confined to particular
courses of instruction or teaching classes shall not be taken to contravene
Article 24( c )(i) or the duty in Article 26. N Exception for single-sex
establishments turning co-educational A > 28. (1) Where at any time C >>( a )
the responsible body for a single-sex establishment falling within column 1 of
the table in Article 24 determines to alter its admissions arrangements so
that the establishment will cease to be a single-sex establishment, or C >>( b
) Article 27(2) applies to the admission of boarders to a school falling
within column 1 of that table but the responsible body determines to alter its
admissions arrangements so that Article 27(2) will cease so to apply, B the
responsible body may apply in accordance with Schedule 2 for an order (a
""transitional exemption order'') authorising discriminatory admissions during
the transitional period specified in the order. B>(2) Where during the
transitional period specified in a transitional exemption order applying to an
establishment the responsible body refuses or deliberately omits to accept an
application for the admission of a person to the establishment as a pupil the
refusal or omission shall not be taken to contravene any provision of this
Order. B>(3) Paragraph (2) does not apply if the refusal or omission
contravenes any condition of the transitional exemption order. B>(4) Except as
mentioned in paragraph (2), a transitional exemption order shall not afford
any exemption from liability under this Order. B>(5) Where, during the period
between the making of an application for a transitional exemption order in
relation to an establishment and the determination of the application, the
responsible body refuses or deliberately omits to accept an application for
the admission of a person to the establishment as a pupil the refusal or
omission shall not be taken to contravene any provision of this Order. N
Exception for physical training A > 29. Articles 24, 25 and 26 do not apply to
any further education course being C >>( a ) a course in physical training, or
C >>( b ) a course designed for the training of teachers of physical training.
6 Goods, facilities, services and premises N Discrimination in provision of
goods, facilities or services A > 30. (1) It is unlawful for any person
concerned with the provision (for payment or not) of goods, facilities or
services to the public or a section of the public to discriminate against a
woman who seeks to obtain or use those goods, facilities or services C >>( a )
by refusing or deliberately omitting to provide her with any of them, or C >>(
b ) by refusing or deliberately omitting to provide her with goods, facilities
or services of the like quality, in the like manner and on the like terms as
are normal in his case in relation to male members of the public or (where she
belongs to a section of the public) to male members of that section. B >(2)
The following are examples of the facilities and services mentioned in
paragraph (1) C >>( a ) access to and use of any place which members of the
public or a section of the public are permitted to enter; C >>( b )
accommodation in a hotel, boarding house or other similar establishment; C >>(
c ) facilities by way of banking or insurance or for grants, loans, credit or
finance; C >>( d ) facilities for education; C >>( e ) facilities for
entertainment, recreation or refreshment; C >>( f ) facilities for transport
or travel; C >>( g ) the services of any profession or trade, or any local or
other public authority. B >(3) For the avoidance of doubt it is hereby
declared that where a particular skill is commonly exercised in a different
way for men and for women it does not contravene paragraph (1) for a person
who does not normally exercise it for women to insist on exercising it for a
woman only in accordance with his normal practice or, if he reasonably
considers it impracticable to do that in her case, to refuse or deliberately
omit to exercise it. N Discrimination in disposal or management of premises A
> 31. (1) It is unlawful for a person, in relation to premises in Northern
Ireland of which he has power to dispose, to discriminate against a woman C
>>( a ) in the terms on which he offers her those premises, or C >>( b ) by
refusing her application for those premises, or C >>( c ) in his treatment of
her in relation to any list of persons in need of premises of that
description. B >(2) It is unlawful for a person, in relation to premises
managed by him, to discriminate against a woman occupying the premises C >>( a
) in the way he affords her access to any benefits or facilities, or by
refusing or deliberately omitting to afford her access to them, or C >>( b )
by evicting her, or subjecting her to any other detriment. B >(3) Paragraph
(1) does not apply to a person who owns an estate or interest in the premises
and wholly occupies them unless he uses the services of an estate agent for
the purposes of the disposal of the premises or publishes or causes to be
published an advertisement in connection with the disposal. N Discrimination:
consent for assignment or sub-letting A > 32. (1) Where the licence or consent
of the landlord or of any other person is required for the disposal to any
person of premises in Northern Ireland comprised in a tenancy, it is unlawful
for the landlord or other person to discriminate against a woman by
withholding the licence or consent for disposal of the premises to her. B>(2)
Paragraph (1) does not apply if C >>( a ) the person withholding a licence or
consent, or a near relative of his (""the relevant occupier'') resides, and
intends to continue to reside, on the premises, and C >>( b ) there is on the
premises, in addition to the accommodation occupied by the relevant occupier,
accommodation (not being storage accommodation or means of access) shared by
the relevant occupier with other persons residing on the premises who are not
members of his household, and C >>( c ) the premises are small premises as
defined in Article 33(2). B >(3) In this Article ""tenancy'' means a tenancy
created by a lease or sub-lease, by an agreement for a lease or sub-lease or
by a tenancy agreement or in pursuance of any statutory provision; and
""disposal'', in relation to premises comprised in a tenancy, includes
assignment of the tenancy and sub-letting or parting with possession of the
premises or any part of the premises. B>(4) This Article applies to tenancies
created before the commencement of this Article, as well as to others. N
Exception for small dwellings A > 33. (1) Articles 30(1) and 31 do not apply
to the provision by a person of accommodation in any premises, or the disposal
of premises by him, if C >>( a ) that person or a near relative of his (""the
relevant occup] ier") resides, and intends to continue to reside, on the
premises, and
(b)there is on the premises, in addition to the accommodation occupied by the
relevant occupier, accommodation (not being storage accommodation or means of
access) shared by the relevant occupier with other persons residing on the
premises who are not members of his household, and
(c)the premises are small premises.
(2) Premises shall be treated for the purposes of paragraph (1) as small
premises if
(a)in the case of premises comprising residential accommodation for one or
more households (under separate letting or similar agreements) in addition to
the accommodation occupied by the relevant occupier, there is not normally
residential accommodation for more that two such households and only the
relevant occupier and any member of his household reside in the accommodation
occupied by him;
(b)in the case of premises not falling within sub-paragraph (a), there is not
normally residential accommodation on the premises for more than six persons
in addition to the relevant occupier and any members of his household.
© 1976 Crown Copyright
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