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SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 47



47.(1) In this Article "communal accommodation" means residential
accommodation which includes dormitories or other shared sleeping
accommodation which for reasons of privacy or decency should be used by men
only, or by women only (but which may include some shared sleeping
accommodation for men, and some for women, or some ordinary sleeping
accommodation).

(2) In this Article "communal accommodation" also includes residential
accommodation all or part of which should be used by men only, or by women
only, because of the nature of the sanitary facilities serving the
accommodation.

(3) Nothing in Part III or IV shall render unlawful sex discrimination in the
admission of persons to communal accommodation if the accommodation is managed
in a way which, given the exigencies of the situation, comes as near as may be
to fair and equitable treatment of men and women.

(4) In applying paragraph (3) account shall be taken of

(a)whether and how far it is reasonable to expect that the accommodation
should be altered or extended, or that further alternative accommodation
should be provided; and

(b)the frequency of the demand or need for use of the accommodation by men as
compared with women.

(5) Nothing in Part III or IV shall render unlawful sex discrimination against
a woman, or against a man, as respects the provision of any benefit, facility
or service if

(a)the benefit, facility or service cannot properly and effectively be
provided except for those using communal accommodation, and

(b)in the relevant circumstances the woman or, as the case may be, the man
could lawfully be refused the use of the accommodation by virtue of paragraph
(3).

(6) Neither paragraph (3) nor paragraph (5) is a defence to an act of sex
discrimination under Part III unless such arrangements as are reasonably
practicable are made to compensate for the detriment caused by the
discrimination; but in considering under paragraph (5)(b) whether the use of
communal accommodation could lawfully be refused (in a case based on
Part III), it shall be assumed that the requirements of this paragraph have
been complied with as respects paragraph (3).

(7) Article 26 shall not apply to sex discrimination within paragraph (3) or
(5).

(8) This Article is without prejudice to the generality of Article 36(1)(c).



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