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SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 78



78.(1) This Article applies to any trust deed or other instrument

(a)which concerns property applicable for or in connection with the provision
of education in any establishment in paragraphs 1 to 5 of the table in Article
24, and

(b)which in any way restricts the benefits available under the instrument to
persons of one sex.

(2) If on the application of the trustees, or of the responsible body (as
defined in Article 24), the Department of Finance is satisfied that the
removal or modification of the restriction would conduce to the advancement of
education without sex discrimination that Department may by order make such
modifications of the instrument as appear to it expedient for removing or
modifying the restriction, and for any supplemental or incidental purposes.

(3) If the trust was created by gift or bequest, no order shall be made until
25 years after the date on which the gift or bequest took effect, unless the
donor or his personal representatives, or the personal representatives of the
testator, have consented in writing to the making of the application for the
order.

(4) The Department of Finance shall require the applicant to publish notice

(a)containing particulars of the proposed order, and

(b)stating that representations may be made to that Department within a period
specified in the notice.

(5) The period specified in the notice shall not be less than one month from
the date of the notice.

(6) The applicants shall publish the notice in such manner as may be specified
by the Department of Finance, and the cost of any publication of the notice
may be defrayed out of the property of the trust.

(7) Before making the order the Department of Finance shall take into account
any representations duly made in accordance with the notice.



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