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Article 73 1. - (1) In Part II of Schedule 1 (bodies of which all members are disqualified), insert at the appropriate place in alphabetical order -
(2) In Part III of Schedule 1 (other disqualifying offices) insert at the appropriate place in alphabetical order -
2. - (1) In section 5(3) (provisions not affecting power of Director to make orders) after "Order 1976" insert "or Article 51 of the Race Relations (Northern Ireland) Order 1997" and for "that Order" substitute "those Orders". (2) In Schedule I in paragraph 5 for the words from "and there shall he" to the end substitute -
3. - (1) In section 6(1) (matters relating to unfair dismissal or sex discrimination to be heard and determined by the Fair Employment Tribunal) -
(b) in paragraph (b) after "Order 1976" insert "or the Race Relations (Northern Ireland) Order 1997".
(2) In section 6(3)(b) for the words from the beginning to "shall apply" substitute
(ii) Article 11(5) of the Industrial Tribunals (Northern Ireland) Order 1996; (iii) Article 52(3) of the Race Relations (Northern Ireland) Order 1997,
shall apply".
4.
In section 108(2) (requirement of national licence as to promotion of equality of opportunity in employment) at the end add "or, in Northern Ireland, the Race Relations (Northern Ireland) Order 1997". 5. After Article 13 (exemption of Sikhs from requirements as to wearing of safety helmets on construction sites) insert -
13A. - (1) Where -
(b) at the time when he so applies the requirement or condition that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when on such a site,
then, for the purpose of determining whether the application of the requirement or condition to the Sikh constitutes an act of discrimination falling within Article 3(1)(b) of the Race Relations (Northern Ireland) Order 1997 (indirect racial discrimination), the requirement or condition shall be taken to be one which cannot be shown to be justifiable as mentioned in Article 3(1)(b)(ii) of that Order.
6. - (1) In Article 19(1) after "Article 20" insert ", 20A". (2) After Article 20 insert -
20A. - (1) Except to the extent permitted by paragraph (2) Article 67 of the Race Relations (Northern Ireland) Order 1997 (councils to have regard to need to eliminate unlawful racial discrimination and promote equality of opportunity, and good relations, between persons of different racial groups) shall not require or authorise a council to exercise any function regulated by Article 19 by reference to a non-commercial matter. (2) Subject to paragraph (3), nothing in Article 19 shall preclude a council from -
(b) including in a draft contract or draft tender for a contract terms or provisions relating to workforce matters and considering the responses to them,
if, as the case may be, consideration of the information, the giving of the undertaking or the inclusion of the term is reasonably necessary to secure compliance with Article 67 of the 1997 Order.
(b) descriptions of evidence which, in relation to approved questions, are to be approved descriptions of evidence for those purposes.
(6) Any specification under paragraph (5) -
(b) may include such transitional and consequential provisions as appear to the Department to be necessary or expedient.
(7) In this Article -
7. In Schedule 2 (bodies subject to investigation) at the appropriate place in alphabetical order insert -
8. - (1) In Article 15(3) (reinstatement or re-engagement of dismissed employee) at the end add
(2) In Article 15(4)(a) (relevant compromise contracts) at the end of head (i) insert "or" and after head (iii) add -
(3) In Article 151(6) (cases where employer may incur higher additional award) at the end add
(4) In Article 160 (acts which are both unfair dismissal and discrimination) for paragraph (1) substitute -
(b) either or both of the Sex Discrimination (Northern Ireland) Order 1976 and the Race Relations (Northern Ireland) Order 1997,
an industrial tribunal shall not award compensation under any one of those two or three Orders in respect of any loss or other matter which is or has been taken into account under the other, or any of the others, by the tribunal (or another industrial tribunal) in awarding compensation on the same or another complaint in respect of that act.".
9. In section 34(2) (requirement of certain licences as to promotion of equality of opportunity in employment) after "1976" insert "or, in Northern Ireland, the Race Relations (Northern Ireland) Order 1997". 10. In Article 20(1)(a) (conciliation) at the end add
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© Crown copyright 1997 | Prepared 30 June 1997 |