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PART III

DISCRIMINATION IN OTHER FIELDS

Education

Discrimination by bodies in charge of educational establishments
     18.  - (1) It is unlawful, in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the "responsible body") to discriminate against a person - 

    (a) in the terms on which it offers to admit him to the establishment as a pupil; or

    (b) by refusing or deliberately omitting to accept an application for his admission to the establishment as a pupil; or

    (c) where he is a pupil of the establishment - 

      (i) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

      (ii) by excluding him from the establishment or subjecting him to any other detriment.


      TABLE
      Establishment Responsible body
           1. Educational establishment which is grant-aided.

      Education and library board or managers or governing body according to which of them has the function in question.
           2. Independent school.

      Proprietor.
           3. University.

      Governing body.
           4. An establishment providing facilities for further education in respect of which contributions are paid to a body other than an education and library board under Article 100(8)(b) of the Education Reform (Northern Ireland) Order 1989.

      Governing body.
           5. A college of education - 

        (a) maintained in pursuance of arrangements made by the Department of Education under Article 66(1) of the Education and Libraries (Northern Ireland) Order 1986;

        (b) in respect of which grants are paid by the Department of Education under Article 66(2) or (3) of that Order.

      (a) The Department of Education.

      (b) The managers.


    (2) Subject to paragraph (3), words and expressions used in this Article, Article 19 or Article 20 to which a meaning is assigned by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 have the same meaning as in the 1986 Order.

    (3) In this Article "pupil" includes any person who receives education at an establishment to which this Article applies.

Other discrimination by education and library boards
    
19. It is unlawful for - 

to do any act which constitutes racial discrimination.

General duty in public sector of education
    
20.  - (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 racial discrimination.

    (2) Article 101 of the Education and Libraries (Northern Ireland) Order 1986 (power of Department of Education to give directions) shall apply to the performance by a body to which paragraph (1) applies of the duties imposed by Articles 18 and 19 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 the Education Orders.

    (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 18 and 19 under Article 54 or otherwise (where the breach is also a contravention of either of those Articles).

    (4) Paragraph (1) applies to - 

Discrimination in provision of goods, facilities or services
    
21.  - (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 person who seeks to obtain or use those goods, facilities or services - 

    (2) The following are examples of the facilities and services mentioned in paragraph (1) - 

Discrimination in disposal or management of premises
    
22.  - (1) It is unlawful for a person with power to dispose of any premises to discriminate against another - 

    (2) Paragraph (1) does not apply to a person who owns an estate in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he - 

    (3) It is unlawful for a person managing any premises to discriminate against a person occupying those premises - 

    (4) It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in a tenancy to discriminate against a person by withholding his licence or consent for the disposal of the premises to that person.

    (5) Paragraph (4) applies to tenancies created before as well as after the coming into operation of this Article.

    (6) In this Article - 

and "disposal" shall be construed accordingly;

    (7) This Article applies only in relation to premises in Northern Ireland.

Exception from Articles 21(1) and 22: small dwellings
    
23.  - (1) Where the conditions mentioned in paragraph (2) are satisfied - 

    (2) The conditions are that - 

    (3) For the purposes of this Article, premises are "small premises" if they fall within paragraph (4) or (5).

    (4) Premises fall within this paragraph if - 

    (5) Premises fall within this paragraph if there is not normally residential accommodation on the premises for more than 6 persons in addition to the relevant occupier and any members of his household.

    (6) For the purposes of this Article "the relevant occupier" means - 

    (7) For the purposes of this Article "near relative" means a person's spouse, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by affinity).

Further exceptions from Articles 21(1) and 22
    
24.  - (1) Articles 21(1) and 22 do not apply - 

    (2) Article 21(1) does not apply to anything done by a person as a participant in arrangements under which he (for reward or not) takes into his home, and treats as if they were members of his family, children, elderly persons, or persons requiring a special degree of care and attention.

Discrimination: associations not within Article 13
    
25.  - (1) This Article applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if - 

    (2) It is unlawful for an association to which this Article applies, in the case of a person who is not a member of the association, to discriminate against him - 

    (3) It is unlawful for an association to which this Article applies, in the case of a person who is a member or associate of the association, to discriminate against him - 

    (4) For the purposes of this Article - 

    (5) Nothing in this Article shall render unlawful any act not involving discrimination on the ground of colour done by an association to which paragraph (6) applies.

    (6) This paragraph applies to an association if the main object of the association is to enable the benefits of membership (whatever they may be) to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour.

    (7) In determining whether that is the main object of an association regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons primarily enjoying the benefits of membership are of the racial group in question.

Barristers

Discrimination by, or in relation to, barristers
    
26.  - (1) It is unlawful for a barrister, in relation to taking any person as his pupil, to discriminate against a person - 

    (a) in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

    (b) in respect of any terms on which he offers to take any person as his pupil; or

    (c) by refusing, or deliberately omitting, to take a person as his pupil.

    (2) It is unlawful for a barrister, in relation to a person who is a pupil, to discriminate against him - 

    (a) in respect of any terms applicable to him as a pupil;

    (b) in the opportunities for training, or gaining experience, which are afforded or denied to him;

    (c) in the benefits, facilities or services which are afforded or denied to him; or

    (d) by terminating the relationship or by subjecting him to any pressure to terminate the relationship or other detriment.

    (3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person.

    (4) In this Article "pupil" has the meaning commonly associated with its use in the context of a person training as a barrister.

Extent

Extent of Part III
    
27.  - (1) Articles 18 to 20 do not apply to benefits, facilities or services outside Northern Ireland except - 

    (a) travel on a ship registered at a port of registry in Northern Ireland; and

    (b) benefits, facilities or services provided on a ship so registered.

    (2) Article 21(1) - 

    (a) does not apply to goods, facilities or services outside Northern Ireland except as provided in paragraphs (3) and (4); and

    (b) does not apply to facilities by way of banking or insurance or for grants, loans, credit or finance, where the facilities are for a purpose to be carried out, or in connection with risks wholly or mainly arising, outside Northern Ireland.

    (3) Article 21(1) applies to the provision of facilities for travel outside Northern Ireland where the refusal or omission occurs in Northern Ireland or on a ship, aircraft or hovercraft within paragraph (4).

    (4) Article 21(1) applies on and in relation to - 

    (a) any ship registered at a port of registry in Northern Ireland; and

    (b) any aircraft or hovercraft registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland,

even if the ship, aircraft or hovercraft is outside Northern Ireland.

    (5) This Article shall not render unlawful an act done in or over a country outside the United Kingdom, or in or over that country's territorial waters, for the purpose of complying with the laws of that country.

 
© Crown copyright 1997
Prepared 30 June 1997

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URL: http://www.bailii.org/nie/legis/num_orders/1997/19970869(c).html