EQUAL STATUS ACT, 2000

the F53[Director of the Workplace Relations Commission] shall deal with the case in accordance with section 25.

25. Investigation by F59[Director of the Workplace Relations Commission].

25.—F60[(1) Where a case which has been referred to the F59[Director of the Workplace Relations Commission] under section 21—

• (a) does not fall to be dealt with by way of mediation under section 24, or

• (b) falls to be dealt with under this section by virtue of section 24(6),

the F59[Director of the Workplace Relations Commission] shall investigate the case and may, as part of that investigation and if the F59[Director of the Workplace Relations Commission] considers it appropriate, hear persons appearing to the F59[Director of the Workplace Relations Commission] to be interested. ]

• F61[(1A)
• (a) Claims to have been discriminated against on more than one of the discriminatory grounds (other than the victimisation ground) shall be investigated as a single case, and

• (b) claims to have been discriminated against on discriminatory grounds which include the victimisation ground may, in an appropriate case, be so investigated,

but a decision shall be made on each of the claims.]

• F62[(2) An investigation under this section shall be held in public unless the Director General of the Workplace Relations Commission, of his or her own motion or upon the application by or on behalf of any party, determines that, due to the existence of special circumstances, the investigation (or part thereof) should be held otherwise than in public.]

• F63[(2A)
• (a) Where the F59[Director of the Workplace Relations Commission] considers that the case may be dealt with on the basis of written submissions only, the F59[Director of the Workplace Relations Commission] shall notify the parties in writing of his or her proposal to do so.

• (b) A notification under paragraph (a) shall inform the parties of the right to make representations to the F59[Director of the Workplace Relations Commission] in accordance with paragraph (c).

• (c) A person who receives a notification under paragraph (a) may, within 28 days from the issue of the notification, make representations to the F59[Director of the Workplace Relations Commission] as to why the case should not be dealt with on the basis of written submissions only.

• (d) Where, in representations made pursuant to paragraph (c), objection is made to the F59[Director of the Workplace Relations Commission] dealing with the matter on the basis of written submissions only, the F59[Director of the Workplace Relations Commission] shall not determine the matter in that manner.]

• F64[(2B)
• (a) The Director General of the Workplace Relations Commission may require a person giving evidence in an investigation under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.

• (b) A person who, in or for the purpose of an investigation under this section, gives a statement material in the investigation while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or

• (ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.]

• (3) The Minister may by regulations specify—

• (a) procedures to be followed by the F59[Director of the Workplace Relations Commission] in carrying out investigations (or any description of investigation) under this section, and

• (b) time limits applicable to such investigations, including procedures for extending those limits in certain circumstances,

but before making any such regulations the Minister shall consult the F59[Director of the Workplace Relations Commission] and the Authority.

• (4) At the conclusion of an investigation under this section the F59[Director of the Workplace Relations Commission] shall make a decision on the case, and the decision, if it is in favour of the complainant, shall provide for redress in accordance with section 27.

25A. F65[Representation in proceedings under section 24 or 25.

25A.—A party (whether complainant or respondent) to proceedings under section 24 or 25 may be represented by any individual or body authorised by the party in that behalf.]

26. Inferences from failure to supply information, etc.

26.—If, in the course of an investigation under section 25, it appears to the F66[Director of the Workplace Relations Commission]—

• (a) that the respondent did not reply to a notification under section 21(2)(a) or to any question asked by the complainant under section 21(2)(b),

• (b) that the information supplied by the respondent in response to the notification or any such question was false or misleading, or

• (c) that the information supplied in response to any such question was not such as would assist the complainant in deciding whether to refer the case to the F66[Director of the Workplace Relations Commission],

the F66[Director of the Workplace Relations Commission] may draw such inferences, if any, as seem appropriate from the failure to reply or, as the case may be, the supply of information as mentioned in paragraph (b) or (c).

27. Redress which may be ordered.

27.—(1) Subject to this section, the types of redress for which a decision of the F67[Director of the Workplace Relations Commission] under section 25 may provide are either or both of the following as may be appropriate in the circumstances:

• (a) an order for compensation for the effects of F68[the prohibited conduct concerned]; or

• (b) an order that a person or persons specified in the order take a course of action which is so specified.

• (2) The maximum amount which may be ordered by the F67[Director of the Workplace Relations Commission] by way of compensation under subsection (1)(a) shall be the maximum amount that could be awarded by the District Court in civil cases in contract.

• F69[(3) The maximum amount specified in subsection (2) applies notwithstanding that conduct the subject of the investigation constituted—

• (a) discrimination on more than one of the discriminatory grounds (other than the victimisation ground), or

• (b) both discrimination on one or more than one of those grounds (other than the victimisation ground) and harassment or sexual harassment.

• (4) An order for compensation under this section may not be made in favour of the Authority in a case referred by it to the F67[Director of the Workplace Relations Commission] under section 23(1).]

• F70[(5) The types of redress for which the Circuit Court may provide on a reference under section 21(1A) are either or both of the following as may be appropriate in the circumstances of the particular case:

• (a) an order for compensation for the effects of the prohibited conduct concerned (including compensation for loss and damage suffered by the person injured as a result of the prohibited conduct in a way which is dissuasive and proportionate to the loss and damage suffered);

• (b) an order that a person or persons specified in the order take a course of action which is so specified,

and no enactment relating to the jurisdiction of the Circuit Court shall be taken to limit the amount of compensation which may be ordered by the Circuit Court by virtue of this subsection. ]

28. Appeal against decision of F71[Director of the Workplace Relations Commission].

28.—(1) Not later than 42 days from the date of a decision of the F71[Director of the Workplace Relations Commission] under section 25, the complainant or respondent involved in the claim may appeal against the decision to the Circuit Court by notice in writing specifying the grounds of the appeal.

• (2) In its determination of the appeal, the Circuit Court may provide for any redress for which provision could have been made by the decision appealed against (substituting the discretion of the Circuit Court for the discretion of the F71[Director of the Workplace Relations Commission]).

• (3) No further appeal lies, other than an appeal to the High Court on a point of law.

29. Form and contents of decision.

29.—(1) Every decision of the F72[Director of the Workplace Relations Commission] under this Part shall be in writing and—

• (a) if the F72[Director of the Workplace Relations Commission] thinks fit, or

• (b) if any of the parties so requests,

shall include a statement of the reasons why the F72[Director of the Workplace Relations Commission] reached the decision.

• (2) By notice in writing to the complainant and the respondent the F72[Director of the Workplace Relations Commission] may correct any mistake (including an omission) of a verbal or formal nature in a decision under this Part.

• (3) If any person who participated in an investigation is not correctly identified in the resulting decision, the correction of that error shall be regarded as falling within subsection (2).

30. Supply and publication of decision.

30.—(1) A copy of every decision of the F73[Director of the Workplace Relations Commission] under this Part shall be given to the complainant and the respondent and every such decision shall be published F74[on the internet in such form and manner as the Director General of the Workplace Relations Commission considers appropriate] and a copy thereof made available for inspection at the office of the F73[Director of the Workplace Relations Commission].

• (2) Any reference in this section to a decision includes a reference to any statement of reasons included in the decision as mentioned in section 29(1).

• (3) The contents of any document published or made available by virtue of this section shall be protected by absolute privilege.

31. Enforcement of decisions and mediated settlements.

F75[31. Section 43 of the Act of 2015 shall apply to a decision under section 25 as it applies to a decision of an adjudication officer under section 41 of that Act, subject to—

• (a) the modification that the following paragraph is substituted for paragraph (b) of subsection (1):

‘(b) on application to it in that behalf, with the consent of the complainant, by the Irish Human Rights and Equality Commission,’,

and

• (b) the following modifications:

• (i) references to a complaint or dispute shall be construed as references to a case so referred;

• (ii) the reference to section 41 shall be construed as a reference to section 25 of this Act;

• (iii) in subsection (1), the words ‘decision of the Director General of the Workplace Relations Commission under section 25 of this Act’ shall be substituted for the words ‘decision of an adjudication officer under that section’;

• (iv) the deletion of subsection (2);

• (v) the words ‘decision of the Director General of the Workplace Relations Commission under section 25 of this Act’ shall be substituted for the words ‘decision of an adjudication officer’ in each place that they occur; and

• (vi) references to employee and employer shall be construed as references to complainant and respondent respectively.]

32. Additional powers of Circuit Court on enforcement.

32.—F76[…]

33. Powers to enter premises, obtain information, etc.

33.—(1) In this section—

“designated officer” means the F77[Director of the Workplace Relations Commission], an F78[adjudication officer] or a person authorised in that behalf by the F77[Director of the Workplace Relations Commission];

“material information” means information which a designated officer has reasonable grounds for believing to be relevant for the purpose set out in subsection (2).

• (2) For the purpose of enabling information to be obtained which the F77[Director of the Workplace Relations Commission] may require to enable him or her to exercise his or her functions under this Part, a designated officer may do any one or more of the following:

• (a) at all reasonable times, peaceably enter premises;

• (b) require a person to produce to the designated officer any records, books, documents or other things which are in that person’s power or control and which the designated officer has reasonable grounds for believing to contain material information, and to give the designated officer such information and access as the designated officer may reasonably require in relation to the contents of any such records, books, documents and other things;

• (c) inspect and copy or take extracts from any such records, books, documents or other things;

• (d) inspect any work in progress at any premises.

• (3) The powers conferred by subsection (2) shall not be exercised in respect of a dwelling or any person, record, book, document or other thing in a dwelling unless the Minister (or an officer of the Minister authorised by the Minister in that behalf) certifies in writing that there are reasonable grounds for believing that there is in the dwelling information which is material to the investigation of a case, or the consideration of an appeal, under this Part.

• (4) If a judge of the District Court is satisfied by information on oath of a designated officer that there is reasonable cause for suspecting that any records, books, documents or other things containing material information are to be found at any premises, the judge may issue a search warrant under this section.

• (5) A search warrant issued under this section shall be expressed and operate to authorise a named designated officer, accompanied by such other persons as the named designated officer thinks necessary, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant—

• (a) to enter the premises named in the warrant, if necessary by force,

• (b) to search those premises, and

• (c) to exercise any such power as is described in subsection (2)(b) or (c) in relation to persons and records, books, documents or other things found at the premises.

34. Requirement to provide information.

34.—(1) For the purpose of enabling the F79[Director of the Workplace Relations Commission] to exercise his or her functions under this Part, the F79[Director of the Workplace Relations Commission]—

• (a) may require a person who, in the opinion of the F79[Director of the Workplace Relations Commission] is in possession of, or has in his or her power or control, any information relevant to the exercise of those functions, to furnish that information to the F79[Director of the Workplace Relations Commission], and

• (b) where appropriate, may require such person to attend before the F79[Director of the Workplace Relations Commission] for that purpose,

and the person shall comply with the requirement accordingly.

• (2) A requirement under subsection (1) may specify a time and place at which information is to be furnished or a person is to attend, and if no such time or place is specified in the requirement, the person to whom the requirement is addressed shall comply with it as soon as is reasonably practicable.

• (3) A person required to attend before the F79[Director of the Workplace Relations Commission] under subsection (1)(b)—

• (a) shall answer fully and truthfully any question put to him or her by the F79[Director of the Workplace Relations Commission] (other than a question the answer to which might incriminate the person), and

• (b) if so requested by the F79[Director of the Workplace Relations Commission], shall sign a declaration of the truth of his or her answers to any such question.

35. Failure to supply documents, information, etc.

35.—(1) If it appears to the F80[Director of the Workplace Relations Commission] or an F80[adjudication officer] that a person has failed to comply with—

• (a) a requirement under section 33(2)(b), or

• (b) a requirement under section 34(1),

then, according as the case may require, the F80[Director of the Workplace Relations Commission] or the F80[adjudication officer] may apply to the Circuit Court for an order under this section.

• (2) Subject to subsection (3) if, on an application under this section, the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.

• (3) If, on an application under this section, the Circuit Court is of the opinion that the requirement in question purports to require the person concerned—

• (a) to produce any record, book, document or other thing, or

• (b) to furnish any information,

for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.

36. Supplementary provisions as to information.

36.—(1) Where, in the course or for the purposes of any investigation, mediation or hearing under this Part, or of any inquiry under Part V of the Employment Equality Act, 1998, any person discloses information to the Authority, the F81[Director of the Workplace Relations Commission] or any other person entitled to obtain it, the disclosure shall not give rise to any liability (in contract, tort or otherwise) on the part of the person making it.

• (2) No information furnished to or otherwise acquired by the Authority, the F81[Director of the Workplace Relations Commission] or any other person by virtue of sections 33 to 35, or otherwise in the course or for the purposes of any investigation, mediation, hearing or inquiry aforesaid, shall be published or otherwise disclosed except—

• (a) for the purposes of such an investigation, mediation, hearing or inquiry,

• (b) on the order of the High Court or the Circuit Court,

• (c) with the consent of the person furnishing the information and of any other person to whom the information may relate,

• (d) in a decision of the F81[Director of the Workplace Relations Commission] published or made available under section 30 and to which the disclosure of the information is relevant, or

• (e) for the purposes of an application under section 35.

• (3) In this section “information” includes any record, book, document or other thing in which the information is contained.

• (4) A person who discloses information in contravention of subsection (2) shall be guilty of an offence.

37. Obstruction of F82[Director of the Workplace Relations Commission], etc.

37.—(1) A person who—

• (a) obstructs or impedes the F82[Director of the Workplace Relations Commission] or an F82[adjudication officer] in the exercise of powers under this Part, or

• (b) fails to comply with a requirement of the F82[Director of the Workplace Relations Commission] or an F82[adjudication officer] given under this Part,

shall be guilty of an offence.

• (2) A reference in subsection (1) to an F82[adjudication officer] includes a reference to a person authorised as described in the definition of “designated officer” in section 33(1).

37A. F83[Award of expenses.

37A.—(1) Without prejudice to section 37, the F84[Director of the Workplace Relations Commission] may, if of opinion that a person is obstructing or impeding an investigation, order that the person pay to another person a specified amount in respect of the travelling or other expenses incurred by that other person in connection with the investigation.

• (2) Notwithstanding subsection (1), expenses shall not be payable in respect of the attendance at the investigation of any person representing a complainant or respondent.

• (3) The amount of any expenses ordered to be paid under this section may be recovered as a simple contract debt.]

38. Dismissal of cases not pursued.

38.—(1) Where a case is referred to the F85[Director of the Workplace Relations Commission] and, at any time after the expiry of one year from the date of the reference, it appears to the F85[Director of the Workplace Relations Commission] that the complainant has not pursued, or has ceased to pursue, the reference, the F85[Director of the Workplace Relations Commission] may dismiss the reference.

• (2) As soon as practicable after dismissing a reference, the F85[Director of the Workplace Relations Commission] shall give notice in writing of that fact to the complainant and the respondent.

• (3) Where a reference is dismissed under this section, no further proceedings may be taken in relation to that reference, but nothing in this section prevents a person from making a further reference in relation to the same matter (subject to any applicable time limit).

38A. F86[Burden of proof.

38A.—(1) Where in any proceedings facts are established by or on behalf of a person from which it may be presumed that prohibited conduct has occurred in relation to him or her, it is for the respondent to prove the contrary.

• (2) This section is without prejudice to any other enactment or rule of law in relation to the burden of proof in any proceedings which may be more favourable to the person.

• (3) Where, in any proceedings arising from a reference of a matter by the Authority to the F87[Director of the Workplace Relations Commission] under section 23(1), facts are established by or on behalf of the Authority from which it may be presumed that prohibited conduct or a contravention mentioned in that provision has occurred, it is for the respondent to prove the contrary.]

PART IV Equality Authority

39. Additional functions of Authority.

39.—F88[…]

PART V General

40. Expenses.

40.—Any expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

41. Regulations.

41.—(1) The F89[Minister for Jobs, Enterprise and Innovation] may make regulations for the purpose of giving effect to this Act including regulations prescribing forms and the information to be contained in any notice to be used for any purpose under this Act.

• (2) The F89[Minister for Jobs, Enterprise and Innovation] may by regulations specify, in cases where provision is not otherwise made in that behalf by regulations under this Act or the Employment Equality Act, 1998—

• (a) procedures to be followed by the F90[Director of the Workplace Relations Commission] or, as the case may be, the Labour Court, in carrying out functions under this Act or the Employment Equality Act, 1998, and

• (b) time limits applicable to the carrying out of such functions, including procedures for extending those limits in certain circumstances.

but before making any such regulations the F89[Minister for Jobs, Enterprise and Innovation] F91[shall consult with the Authority and the F90[Director of the Workplace Relations Commission]].

• F92[(2A) F93[…]]

• (3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

• (4) Any regulation made under this Act may contain such consequential, supplementary and ancillary provisions as the F89[Minister for Jobs, Enterprise and Innovation] considers necessary or expedient.

42. Vicarious liability.

42.—(1) Anything done by a person in the course of his or her employment shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that person’s employer, whether or not it was done with the employe’s knowledge or approval.

• (2) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that other person.

• (3) In proceedings brought under this Act against an employer in respect of an act alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee—

• (a) from doing that act, or

• (b) from doing in the course of his or her employment acts of that description.

43. Offences generally.

43.—(1) A person guilty of an offence under any provision of this Act shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding one year or both, or

• (b) on conviction on indictment, to a fine not exceeding £25,000 or imprisonment for a term not exceeding 2 years or both.

• (2) If the contravention in respect of which a person is convicted of an offence under any provision of this Act is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable on summary conviction to a fine not exceeding £250 or, on conviction on indictment, to a fine not exceeding £1,500.

44. Offence-related provisions.

44.—F94[(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Workplace Relations Commission or the Irish Human Rights and Equality Commission.]

• F94[(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.]

• (3) F95[…]

• (4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under any provision of this Act may be instituted within 12 months from the date of the offence.

45. Court jurisdiction.

45.— The jurisdiction conferred on the Circuit Court or District Court in proceedings under this Act shall be exercised by a judge of that Court for the time being assigned to the circuit or, as the case may be, the district in which the defendant ordinarily resides or carries on any profession, business or occupation.

46. Application of Act.

46.—(1) The provisions of this Act shall extend to and apply in respect of any ship or aircraft registered in the State that is operated by a person who has a principal place of business or ordinary place of residence in the State, whether or not the ship or aircraft is outside the State.

• (2) An act which—

• (a) is done on or in respect of such a ship or aircraft while subject to the jurisdiction of a country outside the State, and

• (b) is required to be done to comply with the law of that country,

shall not constitute discrimination for the purposes of this Act.

47. Amendment of Employment Equality Act, 1998.

47.—The Employment Equality Act, 1998, is hereby amended by the insertion of the following section after section 105:

“Transitional provision.	106.—(1) This section applies to a claim for redress under a repealed enactment—
	(a) which is made on or after the commencement of Part VII (the ‘commencement date’), and
	(b) which relates—
	(i) only to conduct before the commencement date, or
	(ii) to conduct both before and after that date.
	(2) In this section—
	‘commencement date’ means the 18th day of October, 1999;
	‘conduct’ means conduct alleged to have occurred;
	‘repealed enactment’ means the Anti-Discrimination (Pay) Act, 1974, or the Employment Equality Act, 1977.
	(3) A claim for redress to which this section applies shall—
	(a) as regards the substance of the claim—
	(i) if or in so far as the claim relates to conduct before the commencement date, be dealt with as if the enactment concerned had not been repealed, and
	(ii) in so far as it may relate to conduct after that date, be dealt with under this Act,
	and
	(b) in all other respects, be dealt with as if it were a claim under section 77.
	(4) For the purposes of subsection (3)—
	(a) the claim concerned shall be referred or brought to the Director, the Labour Court or the Circuit Court, as appropriate, and
	(b) Part VII shall apply in relation to it, with the modification that sections 76 and 82 shall not apply in relation to a case referred to in paragraph (a)(i) of that subsection and with any other necessary modifications.
	(5) A claim for redress under a repealed enactment which is pending on the commencement date shall, if the conduct to which it relates also occurs after that date, be treated as if it were a claim for redress to which this section applies, and accordingly subsections (3) and (4) shall apply in relation to it.
	(6) A decision or determination on a claim for redress referred to in this section may, and at the request of the claimant shall, where appropriate, specify separate findings in relation to conduct before and after the commencement date.
	(7) The Director or a person appointed under section 75(4)(a) to be an equality officer may exercise the powers of an equality officer under a repealed enactment.
	(8) This section shall be deemed to have come into operation on the commencement date.”.

48. Commencement.

48.—This Act shall come into operation on such day as may be fixed by order made by the Minister, and different days may be so fixed for different provisions and for different purposes.

SCHEDULE

Section 39.

Amendment Of Employment Equality Act, 1998

The Employment Equality Act, 1998, is hereby amended—

• (a) in section 2(1) (interpretation), by the insertion—

• (i) after the definition of “disability”, of:

“‘discrimination’, in Parts V and VI, includes prohibited conduct within the meaning of the Equal Status Act, 2000, and cognate words shall be construed accordingly;”, and

• (ii) after the definition of “trade union”, of:

“‘Traveller community’ means the community of people commonly so called who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland;”,

• (b) in section 6 (discrimination), by the substitution in subsection (2)(i) of “Traveller” for “traveller” on both occasions where it occurs,

• (c) in section 12 (vocational training)—

• (i) by the substitution, in the opening words of subsection (7), of “Without prejudice to section 3 of the Refugee Act, 1996, nothing in subsection (1)” for “Nothing in subsection (1)” and “an educational” for “a vocational”,

• (ii) by the substitution, in subsection (7)(b), of “considerations, or” for “considerations.”, and

• (iii) by the insertion of the following paragraph:

• “(c) in the case of a university or other third-level institution, it provides different treatment in the allocation of places on any such course to mature students (within the meaning of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992).”,

• (d) in section 28 (comparators), by the substitution in subsection (1)(h) of “Traveller” for “traveller” on both occasions where it occurs,

• (e) in section 33 (positive action permitted), by the substitution in subsection (1)(c) of “Traveller” for “traveller”,

• (f) in section 44 (ordinary members of Authority), by the substitution in subsection (1)(c) of “Traveller” for “traveller”,

• (g) in section 56 (codes of practice)—

• (i) by the substitution of the following paragraphs for paragraphs (a) and (b) of subsection (1):

• “(a) the elimination of discrimination; and

• (b) the promotion of equality of opportunity in employment and in relation to the matters to which the Equal Status Act, 2000, applies.”, and

• (ii) by the insertion in subsection (4), after “Part VII”, of “or under Part III of the Equal Status Act, 2000”,

• (h) in section 59 (obtaining information etc. for purposes of inquiry), by the substitution of the following paragraph for paragraph (b) of subsection (3):

• “(b) the Authority believes that a person named in the terms of reference of the inquiry to which the notice relates—

  • (i) has discriminated or is discriminating,

  • (ii) has contravened or is contravening section 8(4) or 10(1),

  • (iii) has failed or is failing to comply with an equality clause or an equal remuneration term, or

  • (iv) has contravened section 12(1) (prohibited advertising) of the Equal Status Act, 2000.”,

• (i) in section 61 (recommendations arising out of and reports of inquiries), by the substitution of the following subsection for subsection (1):

• “(1) After it has conducted an inquiry under section 58, or in the course of such an inquiry, the Authority may make to any person, including the Minister, recommendations arising out of the inquiry for the purpose of promoting either or both of the general functions of the Authority specified in paragraphs (a) and (b) of section 39 or, as appropriate, in paragraphs (a) and (b) of section 39 of the Equal Status Act, 2000.”,

• (j) in section 62 (non-discrimination notices), by the substitution of the following paragraph for paragraph (b) of subsection (1):

• “(b) has contravened or is contravening section 8(4) or 10(1) or section 12(1) of the Equal Status Act, 2000, or”,

• (k) in section 63 (appeal against non-discrimination notice)—

• (i) by the substitution of the following subsection for subsection (1):

• “(1) Subject to subsection (6), a person on whom a non-discrimination notice has been served may appeal to the Labour Court within 42 days of the date of service against the notice or any requirement of the notice.”,

and

• (ii) by the addition of the following subsections:

• “(6) Where a non-discrimination notice relates to prohibited conduct within the meaning of the Equal Status Act, 2000, or to a contravention of section 12(1) of that Act, the person on whom the notice has been served may appeal to the District Court, and for that purpose references in this section to the Labour Court shall be construed as references to the District Court.

• (7) The jurisdiction of the District Court under this section shall be exercised by a judge of that Court for the time being assigned to the district court district in which the person on whom the non-discrimination notice has been served ordinarily resides or carries on any profession, business or occupation.”,

• (l) in section 67 (assistance by Authority in connection with certain references), by the substitution of the following subsection for subsection (1):

• “(1) A person who considers—

  • (a) that discrimination has been directed against the person by another person,

  • (b) that he or she has been adversely affected by the failure or refusal by another person—

    • (i) to comply with an equality clause or an equal remuneration term,

    • (ii) to implement a decision, order or determination under this Part or under Part III of the Equal Status Act, 2000, or

    • (iii) to implement a mediated settlement under section 78 or under section 24 of that Act,

    or

  • (c) that a club referred to in section 8 of that Act is a discriminating club within the meaning of that section,

  may make a request to the Authority for assistance in taking proceedings in respect of which redress is provided for under this Act or that Act or, as the case may be, in making an application to the District Court under section 8(3) of that Act.”,

• (m) in section 68 (definition (Part VI)), by the deletion of “under section 71(3)” and the substitution of “, or the District Court, under section 71”,

• (n) in section 69 (equality reviews and action plans) by—

• (i) the deletion in subsection (1)(a) of “in employment”,

• (ii) the substitution in subsection (1)(b) of “to that business or those businesses” for “to that employment” and “therein” for “in that employment”,

• (iii) the deletion in subsection (2) of “in employment” and the substitution of “therein” for “in that employment”,

• (iv) the insertion of the following subsection after subsection (2):

• “(2A) An equality review or an equality action plan which relates to matters governed both by this Act and by the Equal Status Act, 2000, shall deal separately with those matters, and the separate portions of the review or plan shall be treated, for the purposes of this Part, as an equality review or an equality action plan.”,

• (v) the deletion in subsection (6) of “in an employment”, and

• (vi) the substitution of the following subsection for subsection (7):

• “(7) For the purposes of this section:

  • (a) ‘business’ includes—

    • (i) an activity giving rise to employment, whether or not in the industrial or commercial field and whether or not with a view to profit, and

    • (ii) subject to clause (II) of this subparagraph, the provision of services by the provider of a service (within the meaning of section 4(6) of the Equal Status Act, 2000), and accordingly this section shall apply in relation to the provision of such services with the modifications that—

      • (I) the reference in subsection (1)(a) to a particular business shall be construed as including a reference to the provision of particular services, and

      • (II) the references in subsections (4) and (5) to a business shall be construed as including references to a provider of a service (within the meaning of the said section 4(6), other than paragraph (f) thereof),

      and any other necessary modifications;

  • (b) a ‘group of businesses’ may be defined by reference to geographical location instead of (or as well as) by reference to control or any other factor.”,

• (o) in section 70(1)(a) (enforcement powers in respect of equality reviews and action plans) by the insertion of “is” before “required”, and

• (p) in section 71 (appeal against substantive notice) by—

• (i) the substitution of the following subsection for subsection (1):

• “(1) Subject to subsection (6), a person on whom a substantive notice has been served may appeal to the Labour Court within 42 days of the date of service against the notice or any requirement of the notice.”,

and

• (ii) the insertion of the following subsections after subsection (5):

• “(6) Where a substantive notice concerns an equality review or equality action plan, or a proposed such review or plan, which relates to matters governed by the Equal Status Act, 2000, the person on whom the notice has been served may appeal to the District Court against the notice, and for that purpose references in this section to the Labour Court shall be construed as references to the District Court.

• (7) The jurisdiction of the District Court under this section shall be exercised by a judge of that Court for the time being assigned to the district court district in which the person on whom the substantive notice was served ordinarily resides or carries on any profession, business or occupation.”.

Footnotes