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You are here: BAILII >> Databases >> Northern Irish Legislation >> SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 |
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67.(1) This Article applies to (a)an unlawful discriminatory act, and (b)a contravention of Article 38, and (c)a contravention of Article 39, 40 or 41, and (d)an act in breach of a term modified or included by virtue of an equality clause. (2) If in the course of a formal investigation the Commission becomes satisfied that a person is committing, or has committed, any such acts, the Commission may in the prescribed manner serve on him a notice in the prescribed form ("a non-discrimination notice") requiring him (a)not to commit any such acts, and (b)where compliance with sub-paragraph (a) involves changes in any of his practices or other arrangements (i)to inform the Commission that he has effected those changes and what those changes are, and (ii)to take such steps as may be reasonably required by the notice for the purpose of affording that information to other persons concerned. (3) A non-discrimination notice may also require the person on whom it is served to furnish the Commission with such other information as may be reasonably required by the notice in order to verify that the notice has been complied with. (4) The notice may specify the time at which, and the manner and form in which, any information is to be furnished to the Commission, but the time at which any information is to be furnished in compliance with the notice shall not be later than five years after the notice has become final. (5) The Commission shall not serve a non-discrimination notice in respect of any person unless it has first (a)given him notice that it is minded to issue a non-discrimination notice in his case, specifying the grounds on which it contemplates doing so, and (b)offered him an opportunity of making oral or written representations in the matter (or both oral and written representations if he thinks fit) within a period of not less than 28 days specified in the notice, and (c)taken account of any representations so made by him. (6) Paragraph (2) does not apply to any acts in respect of which the Department of Education could exercise the powers conferred on it by Article 26(2); but if the Commission becomes aware of any such acts it shall give notice of them to that Department. (7) Article 59(4) shall apply to requirements under paragraphs (2)(b), (3) and (4) contained in a non-discrimination notice which has become final as it applies to requirements in a notice served under Article 59(1).
© 1976 Crown Copyright
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