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 -
(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 -
(ii) by excluding him from the establishment or subjecting him to any other detriment. TABLE
(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.
(b) the Council for Catholic Maintained Schools, in carrying out its functions under the Education Orders,
to do any act which constitutes racial discrimination.
(b) any other body which is a responsible body in relation to an establishment falling within paragraph 1, 4 or 5(b) of the table in Article 18(1).
Discrimination in provision of goods, facilities or services
(b) by refusing or deliberately omitting to provide him with goods, facilities or services of the same quality, in the same manner and on the same terms as are normal in his case in relation to other members of the public or (where the person so seeking belongs to a section of the public) to other members of that section.
(2) The following are examples of the facilities and services mentioned in paragraph (1) -
(b) accommodation in a hotel, boarding house or other similar establishment; (c) facilities by way of banking or insurance or for grants, loans, credit or finance; (d) facilities for education; (e) facilities for entertainment, recreation or refreshment; (f) facilities for transport or travel; (g) the services of any profession or trade, or any local or other public authority.
Discrimination in disposal or management of premises
(b) by refusing his application for those premises; or (c) in his treatment of him in relation to any list of persons in need of premises of that description.
(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 -
(b) publishes an advertisement or causes an advertisement to be published.
(3) It is unlawful for a person managing any premises to discriminate against a person occupying those premises -
(b) by evicting him, or subjecting him to any other detriment.
(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.
(b) sub-letting or parting with possession of the premises or any part of the premises;
and "disposal" shall be construed accordingly;
(b) by an agreement for a lease or sub-lease, (c) by a tenancy agreement, or (d) in pursuance of any statutory provision.
(7) This Article applies only in relation to premises in Northern Ireland.
(b) Article 22(1) does not apply to the disposal by a person of any premises; (c) Article 22(4) does not apply to the withholding of any consent or licence.
(2) The conditions are that -
(b) the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household; (c) the shared accommodation is not storage accommodation or a means of access; and (d) the premises are small premises.
(3) For the purposes of this Article, premises are "small premises" if they fall within paragraph (4) or (5).
(b) the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household; (c) the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and (d) there are not normally more than two such other households.
(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.
(b) in a case falling within Article 22(1), the person with power to dispose of the premises, or a near relative of his; (c) in a case falling within Article 22(4) the person whose licence or consent is required for the disposal of the premises, or a near relative of his.
(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).
(b) to discrimination which would be rendered unlawful by any provision of Part II but for any of the following provisions, namely Articles 6(3) and (5), 8(1)(b), 9(4), 11 and 16(3).
(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.
(b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of Article 21(1); and (c) it is not an organisation to which Article 13 applies.
(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 -
(b) by refusing or deliberately omitting to accept his application for membership.
(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 -
(b) in the case of a member, by depriving him of membership, or varying the terms on which he is a member; or (c) in the case of an associate, by depriving him of his rights as an associate, or varying those rights; or (d) in either case, by subjecting him to any other detriment.
(4) For the purposes of this Article -
(b) a person is an associate of an association to which this Article applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).
(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. 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 -
(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 -
(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. Extent of Part III 27. - (1) Articles 18 to 20 do not apply to benefits, facilities or services outside Northern Ireland except -
(b) benefits, facilities or services provided on a ship so registered.
(2) Article 21(1) -
(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).
(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. |
© Crown copyright 1997 | Prepared
30 June 1997
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