Northern Ireland Orders in Council

(a) if it approves of the draft, lay it before the Assembly; and

(b) if it does not approve of the draft, publish details of its reasons for withholding approval.

    (4) If, within the statutory period beginning with the day on which the draft of the code of practice is laid before the Assembly, the Assembly so resolves, no further proceedings shall be taken on the draft, but without prejudice to the laying before the Assembly of a new draft.

    (5) If no such resolution ispassed asisreferred to in sub-paragraph (4),the Commissionshall issue the code of practice in the form of the draft and the code shall come into effect on such day as the Department may by order appoint.

(a) if it approves of the draft, lay it before the Assembly; and

(b) if it does not approve of the draft, publish details of its reasons for withholding approval.

    (6) If, within the statutory period beginning with the day on which the draft of the revised code is laid before the Assembly, the Assembly so resolves, no further proceedings shall be taken on the draft, but without prejudice to the laying before the Assembly of a new draft.

    (7) If no such resolution ispassed asisreferred to in sub-paragraph (6),the Commission shall issue the revised code of practice in the form of the draft and the code shall come into effect on such day as the Department may by order appoint.

(a) publish a code of practice under Article 9 as for the time being in force; and

(b) take such other steps as it considers necessary to publicise any such code.

Effect of code of practice

     4. The Commission and the Department shall each take such steps as they consider necessary to encourage the adoption of the policies and practices recommended in a code of practice under Article 9.

     5. A failure on the part of any person to observe any provision of a code of practice under Article 9 shall not of itself render him liable to any proceedings, but in any proceedings under this Order before the Tribunal or a court - 

(a) any code of practice shall be admissible in evidence; and

(b) if any provision of a code appears to the Tribunal or the court to be relevant to any question arising in the proceedings, it shall be taken into account in determining that question.

(a) serve on every person whose practices it intends to investigate notice of the Commission's intention to hold the investigation; and

(b) furnish to each such person, in writing, particulars of the scope and purpose of the investigation.

Procedure

     3. The Commission shall afford to every person such as is mentioned in paragraph 2(a) an opportunity to comment on the matters which are the subject of the investigation and to furnish oral or other evidence respecting them.

     4. The investigation shall be conducted in private.

     5. Subject to paragraphs 3 and 4, the procedure for conducting the investigation shall be such as the Commission considers appropriate in the circumstances of the case.

(a) the attendance and examination of witnesses, including the administration of oaths and the examination of witnesses abroad; and

(b) the production of documents.

    (3) A person shall not be compelled for the purposes of the investigation - 

(a) to give any information or produce any document which he could not be compelled to give in evidence or produce in civil proceedings before the High Court; or

(b) to give any information or produce any document which discloses, or from which there can be deduced, his religious belief, if he informs the Commission that he objects to doing so; or

(c) to attend at any place unless the necessary expenses of his journey to and from that place are paid or tendered to him.

     8. For the purposes of the investigation the Commission may also require an employer or vocational organisation to take such reasonable action as the Commission specifies for communicating to his or its employees or members (as the case requires), or to employees or members of any class, any written material provided for the purposes by the Commission.

(a) any witnesses who may be produced against or on behalf of the person charged with the offence; and

(b) any statement that may be offered in defence,

may deal with the person charged with the offence in any manner in which the court could deal with himif he had committed the like offence in relation to the court.

    " (2A) Subsection (2)(a) of this section shall have effect in relation to the right of a person to make a complaint of unlawful discrimination under the Fair Employment and Treatment (Northern Ireland) Order 1998 as if it were such a right of appeal, reference or review as is mentioned in that subsection.".

" (b) the holder of any of the following offices who is remunerated, apart from any allowances, on an annual basis, that is to say - 


(i) President or Vice-President of the Industrial Tribunals and the Fair Employment Tribunal; and

(ii) member of a panel of chairmen established by regulations under Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996 or appointed under Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998;".


The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)

In Article 49 after paragraph (3) add - 

    " (4) Any act which by virtue of this Article or Article 48 could not be unlawful under any provision of Parts III to V (or, in the case of an act falling within paragraph (3), under Article 15) is not by virtue of Article 3(2)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (indirect discrimination on the grounds of religious belief or political opinion) unlawful under any provision of Parts III to V of that Order.".

In Article 53A for paragraphs (a) and (b) substitute "Articles 52, 52A and 53ZA".

In Article 63 after paragraph (2) add - 

    " (3) Where a complaint is presented to an industrial tribunal under paragraph (1) and it appears to the tribunal that the act to which the complaint relates is one in respect of which (as being unlawful discrimination within the meaning of the Fair Employment and Treatment (Northern Ireland) Order 1998) - 


(a) a complaint could be made to the Fair Employment Tribunal for Northern Ireland under Part VI of that Order; or

(b) such a complaint has been made, but the proceedings under that Order have not been disposed of,



the tribunal shall not proceed further under this Order in relation to the complaint unless all proceedings which can be taken under the Fair Employment and Treatment (Northern Ireland) Order 1998 in respect of the act have been disposed of.".

(a) in paragraph (1) for "section 41 of the Fair Employment (Northern Ireland) Act 1989" substitute "Article 64 of the Fair Employment and Treatment (Northern Ireland) Order 1998";

(b) in paragraph (2) - 


(i) in sub-paragraph (a) for "section 41 of that Act of 1989" substitute "Article 64 of that Order of 1998"; and

(ii) for "section 41", where it twice occurs, substitute "Article 64";



(c) in paragraph (4) for "section 41 of that Act of 1989" substitute "Article 64 of that Order of 1998"; and

(d) in paragraph (5) for "sections 38 and 39 of the Fair Employment (Northern Ireland) Act 1989" substitute "Articles 62 and 63 of the Fair Employment and Treatment (Northern Ireland) Order 1998".



The Judicial Pensions and Retirement Act 1993 (c. 8)

In Part II of Schedule 1, in the entry relating to the office of President or Vice-President of the Industrial Tribunals and the Fair Employment Tribunal, for "section 3 of the Fair Employment (Northern Ireland) Act 1989" substitute "Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998".

In the following provisions, namely - 

(a) in Part II of Schedule 1, in the entry relating to the office of chairman of industrial tribunals or of the Fair Employment Tribunal;

(b) in Schedule 5, in the entry relating to the chairman of the Fair Employment Tribunal; and

(c) in Schedule 7, in paragraph 5(2)(h) and (5)(viii),

for "section 3(1)(c) of the Fair Employment (Northern Ireland) Act 1989" substitute "Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998".

(a) Article 79 shall have effect as if paragraph (b) of that Article were omitted; and

(b) Article 80 shall have effect as if paragraphs (1)(b)(ii) and (3)(b) of that Article were omitted.

     3. In relation to any act done before the coming into operation of Article 96 - 

(a) Article 53 of the Sex Discrimination (Northern Ireland) Order 1976 (as substituted by Article 96) shall have effect as if paragraph (b) were omitted; and

(b) Article 53ZA of the Sex Discrimination (Northern Ireland) Order 1976 (as substituted by Article 96) shall have effect as if paragraphs (1)(b)(ii) and (3)(b) were omitted.

     4. In relation to any act done before the coming into operation of Article 98 - 

(a) Article 41 of the Race Relations (Northern Ireland) Order 1997 (as substituted by Article 98) shall have effect as if paragraph (b) were omitted; and

(b) Article 41A of the Race Relations (Northern Ireland) Order 1997 (as substituted by Article 98) shall have effect as if paragraphs (1)(b)(ii) and (3)(b) were omitted.

Devolution order under section 3 of the Northern Ireland Act 1998

     5. If provisions of this Order come into operation before the day appointed by an Order in Council under section 3 of the Northern Ireland Act 1998 for the commencement of Parts II and III of that Act, then until the day so appointed - 

(a) references in those provisions to an Act of the Assembly shall be read as references to a Measure of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; and

(b) references in those provisions to a Northern Ireland Minister shall be read as references to the head of a Northern Ireland department.

The Commission

     6.  - (1) If provisions of this Order come into operation before the day appointed under section 101(3) of the Northern Ireland Act 1998 for the coming into operation of section 73(1) of that Act, then until the day so appointed - 

(a) references in those provisions to the Commission shall be read as references to the Fair Employment Commission for Northern Ireland; and

(b) section 1 of, and Schedule 1 to, the Fair Employment (Northern Ireland) Act 1976 (as amended by the Fair Employment (Northern Ireland) Act 1989) shall, notwithstanding the repeal of those Acts by this Order, continue to have effect in relation to that Commission.

The Police (Northern Ireland) Act 1998 (1998 c. 32)

     7. If Article 94 comes into operation before the day appointed under section 75(1) of the Police (Northern Ireland) Act 1998 for the coming into operation of section 10(5) of that Act, then until the day so appointed, Article 94 shall have effect - 

(a) as if paragraph (5) were omitted; and

(b) as if the reference to the Police (Northern Ireland) Act 1998 were a reference to the Police Act (Northern Ireland) 1970.

(a) make it unlawful to discriminate in the provision of goods, facilities and services on the ground of religious belief or political opinion;

(b) make it lawful for a person to - 


(i) recruit specifically from the unemployed; and

(ii) offer religion specific training to persons not already in his employment;



(c) provide a right of appeal against national security certificates;

(d) make provision in relation to the arbitration and settlement of complaints.

The Order also makes certain corresponding amendments to the Sex Discrimination (Northern Ireland) Order 1976 and the Race Relations (Northern Ireland) Order 1997.


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