The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

• (e) in subsection (8), omit the definitions of “fire brigade”, “Ministry of Defence Police”, “prison officer” (and “and” after the definition of “statutory office”).

Police

25

After section 64, insert the following sections –

(64A) (1) For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment – (a) by the Chief Constable as respects any act done by him in relation to that office or a holder of it; (b) by the Policing Board as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of section 58 – (a) the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000[^f00020] – (a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under Part II, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by the Chief Constable for the settlement of any claim made against him under Part II if the settlement is approved by the Policing Board. (4) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay – (a) any compensation, damages or costs awarded in proceedings under Part II against a police officer; (b) any costs incurred and not recovered by a police officer in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board. (5) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in subsection (4). (6) This section – (a) applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996[^f00021] or section 23 of the Police Act 1997[^f00022] as it applies in relation to a police officer; (b) applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998[^f00023] is under the direction and control of the Police Ombudsman for Northern Ireland as if – (i) in subsection (1) the reference to the Chief Constable included a reference to the Ombudsman; (ii) in subsections (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman. (64B) (1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment – (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it; (b) by the police authority as respects any act done by it in relation to that office or the holder of it; (2) For the purposes of section 58 – (a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of the police fund – (a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under Part II, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by a chief officer of police for the settlement of any claim made against him under Part II if the settlement is approved by the police authority. (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund – (a) any compensation, damages or costs awarded in proceedings under Part II against a person under the direction and control of the chief officer of police; (b) any costs incurred and not recovered by such a person in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings. (5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in subsection (4). (6) Subject to subsection (8), in this section – - “chief officer of police” means – in relation to the National Criminal Intelligence Service, the Director General of that Service; in relation to any other body of constables, the person who has the direction and control of the body in question; - “police authority” means – in relation to the National Criminal Intelligence Service, the Service Authority for the National Criminal Intelligence Service; in relation to any other body of constables, the authority by which the members of the body are paid; - “police fund” means – in relation to the National Criminal Intelligence Service, the service fund under section 16 of the Police Act 1997; in relation to any other body of constables, money provided by the authority by which the members of the body are paid. (7) Nothing in subsections (3) to (6) applies in relation to the police. (8) In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.

Repeal of section 66

26

Section 66 (government appointments outside Part II) is repealed.

Interpretation

27

In section 68[^f00024] –

• (a) in subsection (1) –

• (i) omit the definitions of “benefits”, “section 6 duty” and “section 15 duty”;

• (ii) for the definition of “employment at an establishment in Northern Ireland” substitute –

• “employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)

• (iii) for the definition of “Minister of the Crown” substitute –

• “Minister of the Crown” includes the Treasury and the Defence Council

• (iv) in the definition of “regulations” –

• (aa) for paragraph (a) substitute –

(a) in section 17A, regulations made by the Department for Employment and Learning;

• (bb) for paragraph (c) substitute –

(c) in any other provision of this Act, regulations made by the Office of the First Minister and deputy First Minister:

• (b) for subsections (2)[^f00025] and (3), substitute the following subsections –

(2) Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Northern Ireland if the employee – (a) does his work wholly or partly in Northern Ireland; or, (b) does his work wholly outside Northern Ireland and subsection (2A) applies. (2A) This subsection applies if – (a) the employer has a place of business at an establishment in Northern Ireland; (b) the work is for the purposes of the business carried on at the establishment; and (c) the employee is ordinarily resident in Northern Ireland – (i) at the time when he applies for or is offered the employment, or (ii) at any time during the course of the employment. (2B) This subsection applies to a ship if – (a) it is registered at a port of registry in Northern Ireland; or (b) it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom. (2C) This subsection applies to an aircraft or hovercraft if – (a) it is – (i) registered in the United Kingdom, and (ii) operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland; or (b) it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom. (2D) The following are not to be regarded as being employment at an establishment in Northern Ireland – (a) employment on board a ship to which subsection (2B) does not apply; (b) employment on an aircraft or hovercraft to which subsection (2C) does not apply.

• (c) omit subsection (5).

Amendments to Schedules 2, 3, 4 and 8

28

• (1) In Schedule 2 (past disabilities) –

• (a) after paragraph 2, insert the following paragraph –

(2A) In section 3A(5), after “not having that particular disability” insert “and who has not had that particular disability”.

• (b) for paragraph 3, substitute –

(3) In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert “and who have not had a disability”.

• (c) for paragraph 4, substitute –

(4) In sections 4A(3)(b), 4E(3)(b), 4H(3)(b), 6B(3)(b), 7B(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) and 16A(6), for “has” (in each place it occurs) substitute “has had”.

• (2) In Schedule 3[^f00026] (enforcement and procedure) –

• (a) in the side note, for “8(8)” substitute “17A(8)”;

• (b) for paragraph 2(1), substitute –

(1) Except as provided by Part II, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under that Part.

• (c) in paragraph 2(2), at the end add “or the investigation or determination of any matter in accordance with the Part X (investigations: the Pensions Ombudsman) of the Pension Schemes (Northern Ireland) Act 1993[^f00027] by the Pensions Ombudsman”;

• (d) in paragraph 3(1), for “section 8” substitute “section 17A or 25(8)”;

• (e) in paragraph 3(3)(a), omit “of discrimination”;

• (f) in paragraph 4(1)[^f00028], for “section 8” substitute “section 17A or 25(8)”.

• (3) In Schedule 4 (premises occupied under leases) –

• (a) in the side note, for “16(5)” substitute “18A(5)”;

• (b) in the heading to Part I of the Schedule, for “EMPLOYER OR TRADE ORGANISATION” substitute “EMPLOYER etc.”;

• (c) in paragraph 1, for “the section 6 or section 15 duty” substitute “any duty to make reasonable adjustments”;

• (d) in the cross-heading preceding paragraph 2, for “section 8” substitute “section 17A or 25(8)”;

• (e) in paragraph 2(1) –

• (i) for “section 8” substitute “section 17A or 25(8)”;

• (ii) for “section 16” substitute “section 18A”;

• (f) in paragraph 2(8) and (9), for “section 8(2)” substitute “section 17A(2)”;

• (g) in paragraphs 3 and 4, for “section 16” substitute “section 18A”.

• (4) In Schedule 8 (modification of this Act in its application to Northern Ireland), omit paragraphs 3, 4(1), 5, 6(1), 7, 8 and 44(3), (4)(c) and (d).

PART III — CONSEQUENTIAL AMENDMENTS TO THE ORDER AND OTHER LEGISLATION

Consequential amendments to the Order

29

In the Order –

• (a) in Article 4 (general functions of Commission) –

• (i) in paragraph (1)(a), after “discrimination against” insert “and harassment of”;

• (ii) in paragraph (5), in the appropriate place, insert the following –

• “harassment” means anything which is harassment for the purposes of any provision of Part II or III of the 1995 Act;

• (b) in paragraph (5) of Article 6 (non-discrimination notices), omit “discrimination”;

• (c) in paragraph (11) of Article 7 (agreements in lieu of enforcement action), omit “discrimination”;

• (d) in Article 8 (persistent discrimination) –

• (i) in paragraph (1)(b), for “section 8” substitute “section 17A”;

• (ii) in paragraph (4), after “unlawful discrimination” insert “or harassment”;

• (e) in paragraph (1)(a) of Article 9 (assistance in relation to proceedings) –

• (i) for “section 8” substitute “section 17A”;

• (ii) after “unlawful discrimination” insert “or harassment”;

• (f) omit Article 13 (procedure for amending section 7(1) of the 1995 Act);

• (g) in paragraph 3(10) of Schedule 1 (investigation of unlawful acts etc.), omit “discrimination”.

Consequential amendments to other legislation

30

• (1) In Articles 14(1) (restriction of publicity in disability cases) and 20(1)(a)(iii) (conciliation) of the Industrial Tribunals (Northern Ireland) Order 1996[^f00029], for “section 8” substitute “section 17A or 25(8)”.

• (2) In the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996[^f00030], Schedule 1, in rule 14(1A), for “section 8” substitute “section 17A or 25(8)”.

• (3) In the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998[^f00031], Articles 9(3), 10(2)(c) and 11(2)(c) and paragraph 6 of Schedule 1 are repealed.

• (4) In the Fair Employment and Treatment (Northern Ireland) Order 1998[^f00032], Article 85(1)(a)(ii), omit “of discrimination”.

• (5) In the Employment (Northern Ireland) Order 2003[^f00033], in Schedules 2, 3 and 4 for “Section 8 of the Disability Discrimination Act 1995” (in each place it occurs) substitute “Section 17A of the Disability Discrimination Act 1995”.

SCHEDULE — VALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

The following is the new Schedule inserted in the Act after Schedule 3.

SCHEDULE 3A (1) (1) A term of a contract is void where – (a) the making of the contract is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act; (b) it is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or (c) it provides for the doing of an act which is unlawful by virtue of this Part of this Act. (2) Sub-paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against, or harassment of, a party to the contract, but the term shall be unenforceable against that party. (3) A term in a contract which purports to exclude or limit any provision of this Part of this Act is unenforceable by any person in whose favour the term would operate apart from this paragraph. (4) Sub-paragraphs (1), (2) and (3) apply whether the contract was entered into before or after the date on which this Schedule comes into operation; but in the case of a contract made before that date, those sub-paragraphs do not apply in relation to any period before that date. (2) (1) Paragraph 1(3) does not apply – (a) to a contract settling a complaint to which section 17A(1) or 25(8) applies where the contract is made with the assistance of the Agency; or (b) to a contract settling a complaint to which section 17A(1) or 25(8) applies if the conditions regulating compromise contracts under this Schedule are satisfied in relation to the contract. (2) The conditions regulating compromise contracts under this Schedule are that – (a) the contract must be in writing; (b) the contract must relate to the particular complaint; (c) the complainant must have received advice from a relevant independent adviser as to the terms and effect of the proposed contract and in particular its effect on his ability to pursue a complaint before an industrial tribunal; (d) there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; (e) the contract must identify the adviser; and (f) the contract must state that the conditions regulating compromise contracts under this Schedule are satisfied. (3) A person is a relevant independent adviser for the purposes of sub-paragraph (2)(c) – (a) if he is a qualified lawyer; (b) if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union; or (c) if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre. (4) But a person is not a relevant independent adviser for the purposes of sub-paragraph (2)(c) in relation to the complainant – (a) if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party; (b) in the case of a person within sub-paragraph (3)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party; or (c) in the case of a person within sub-paragraph (3)(c), if the complainant makes a payment for the advice received from him. (5) In sub-paragraph (3)(a) “qualified lawyer” means a barrister (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate. (6) In sub-paragraph (3)(b) “independent trade union” has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992[^f00034]. (7) For the purposes of sub-paragraph (4)(a) any two persons are to be treated as connected – (a) if one is a company of which the other (directly or indirectly) has control; or (b) if both are companies of which a third person (directly or indirectly) has control. (8) An agreement under which the parties agree to submit a dispute to arbitration – (a) shall be regarded for the purposes of sub-paragraph (1)(a) and (b) as being a contract settling a complaint if – (i) the dispute is covered by a scheme having effect by virtue of an order under Article 84A of the Industrial Relations (Northern Ireland) Order 1992[^f00035], and (ii) the agreement is to submit it to arbitration in accordance with the scheme; but (b) shall be regarded as neither being nor including such a contract in any other case. (3) (1) On the application of a disabled person interested in a contract to which paragraph 1(1) or (2) applies, a county court may make such order as it thinks fit for – (a) removing or modifying any term rendered void by paragraph 1(1), or (b) removing or modifying any term made unenforceable by paragraph 1(2); but such an order shall not be made unless all persons affected have been given notice in writing of the application (except where under county court rules notice may be dispensed with) and have been afforded an opportunity to make representations to the court. (2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into operation of this Schedule). (4) (1) This Part of this Schedule applies to – (a) any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract; (b) any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment; (c) any rule made by a trade organisation (within the meaning of section 13) or a qualifications body (within the meaning of section 14A) for application to – (i) all or any of its members or prospective members; or (ii) all or any of the persons on whom it has conferred authorisations or qualifications or who are seeking the authorisations or qualifications which it has power to confer. (2) Any term or rule to which this Part of this Schedule applies is void where – (a) the making of the collective agreement is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act; (b) the term or rule is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or (c) the term or rule provides for the doing of an act which is unlawful by virtue of this Part of this Act. (3) Sub-paragraph (2) applies whether the agreement was entered into, or the rule made, before or after the date on which this Schedule comes into operation; but in the case of an agreement entered into, or a rule made, before the date on which this Schedule comes into operation, that sub-paragraph does not apply in relation to any period before that date. (5) A disabled person to whom this paragraph applies may present a complaint to an industrial tribunal that a term or rule is void by virtue of paragraph 4 if he has reason to believe – (a) that the term or rule may at some future time have effect in relation to him; and (b) where he alleges that it is void by virtue of paragraph 4(2)(c), that – (i) an act for the doing of which it provides, may at some such time be done in relation to him, and (ii) the act would be unlawful by virtue of this Part of this Act if done in relation to him in present circumstances. (6) In the case of a complaint about – (a) a term of a collective agreement made by or on behalf of – (i) an employer, (ii) an organisation of employers of which an employer is a member, or (iii) an association of such organisations of one of which an employer is a member, or (b) a rule made by an employer within the meaning of paragraph 4(1)(b), paragraph 5 applies to any disabled person who is, or is genuinely and actively seeking to become, one of his employees. (7) In the case of a complaint about a rule made by an organisation or body to which paragraph 4(1)(c) applies, paragraph 5 applies to any disabled person – (a) who is, or is genuinely and actively seeking to become, a member of the organisation or body; (b) on whom the organisation or body has conferred an authorisation or qualification; or (c) who is genuinely and actively seeking an authorisation or qualification which the organisation or body has power to confer. (8) (1) When an industrial tribunal finds that a complaint presented to it under paragraph 5 is well-founded the tribunal shall make an order declaring that the term or rule is void. (2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into operation of this Schedule). (9) The avoidance by virtue of paragraph 4(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself), namely – (a) such of the rights of the person to be discriminated against, and (b) such of the rights of any person who will be treated more favourably in direct or indirect consequence of the discrimination, as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule. (10) In this Schedule “collective agreement” means any agreement relating to one or more of the matters mentioned in Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992 (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations. (11) Any reference in this Schedule to a contract or act which is unlawful by virtue of this Part of this Act shall be taken to include a reference to a contract or act which is unlawful by virtue of Part III of this Act to the extent that it relates to the provision of employment services.

Signed

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 20th February 2004.

P. McAuley — A Senior Officer of the Office of the First Minister and deputy First Minister

Explanatory note

(This note is not part of the Regulations.)

These Regulations implement (in Northern Ireland) provisions of Council Directive 2000/78/EC (O.J. No. L303, 2.12.2000, p. 16) establishing a general framework for equal treatment in employment and occupation (“the Directive”), so far as it relates to disability discrimination. For this purpose, they amend the Disability Discrimination Act 1995 (c. 50) (“the Act”) and make minor or consequential amendments to other legislation.

Regulations 4 to 18 insert new sections into, and amend existing provisions of, Part II of the Act (which concerns discrimination in the employment field):

• New sections 3A and 3B provide (respectively) for a definition of “discrimination” and “harassment” applying to the whole of Part II. (Regulation 4)

• New sections 4 and 4A (replacing existing sections 4 to 6) prohibit discrimination and harassment by employers and impose on employers a duty to make reasonable adjustments. New section 4B (replacing existing section 12) prohibits discrimination against, and harassment of, contract workers and makes provision about the making of reasonable adjustments for such workers. New sections 4C to 4F prohibit discrimination against, and harassment of, certain types of office-holders, and require reasonable adjustments to be made for them. New sections 4G to 4K (replacing existing section 17) prohibit discrimination against, and harassment of, disabled people by trustees and managers of occupational pension schemes, and require them to make reasonable adjustments; provide an employer with the right to appear and be heard in proceedings before a tribunal; set out provisions on remedies applicable to certain occupational pension scheme claims under the Act; ensure that, in relation to communications, sections 4G to 4J apply to a disabled person entitled to present payment of dependants' or survivors' benefits, and to a disabled person who is a pension credit member of an occupational pension scheme, as they apply to a disabled pensioner member of the scheme and contain definitions. (Regulation 5)

• New sections 6A to 6C prohibit discrimination and harassment, and impose duties to make reasonable adjustments, in relation to partners in firms. (Regulation 6)

• Existing section 7 (exemption for small businesses) is repealed. (Regulation 7)

• New sections 7A and 7B relate to barristers. They prohibit discrimination and harassment, and impose duties to make reasonable adjustments. (Regulation 8)

• Section 8 (enforcement, remedies and procedure) is amended to make provision about complaints about qualifications bodies, and about the burden of proof in industrial tribunal proceedings. It is also renumbered as section 17A. (Regulation 9)

• Existing section 9 (validity of certain agreements), section 11 (advertisements) and section 12 (contract workers) are repealed in consequence of their replacement by new provisions; and existing section 10 (charities) is also repealed (new section 18C covers charities and support for particular groups of persons). (Regulations 10 to 12)

• New sections 13 and 14 (replacing existing sections 13 to 15) prohibit discrimination and harassment, and impose duties to make reasonable adjustments, in relation to trade organisations. New sections 14A to 14D prohibit discrimination and harassment, and impose duties to make reasonable adjustments, in relation to qualifications bodies and persons who provide work placements. (Regulation 13)

• Consequential amendments are made to existing section 16 (alterations to premises occupied under leases), which is also moved and renumbered as section 18A. (Regulation 14)

• New section 16A prohibits discrimination and harassment, and imposes duties to make reasonable adjustments in relationships which have come to an end; new section 16B prohibits employers and others from publishing or causing to be published advertisements which indicate an intention to discriminate; and new section 16C prohibits instructions and pressure to discriminate. (Regulation 15)

• New section 17B provides for the Equality Commission for Northern Ireland to enforce sections 16B (discriminatory advertisements) and 16C (instructions and pressure to discriminate); and new section 17C and new Schedule 3A deal with validity of certain agreements and rules of undertakings etc. (replacing existing section 9). (Regulation 16)

• New section 18B makes supplementary provision about the duties to make reasonable adjustments contained in Part II of the Act; new section 18C covers charities and support for particular groups of persons; and new section 18D provides for the interpretation of Part II. (Regulations 17 and 18)

Regulation 19 amends Part III of the Act (which concerns discrimination in relation to goods, facilities and services, and the disposal of premises) in relation to the provision of employment services. It inserts new section 21A to prohibit harassment and to modify the application of sections 19 to 21 of the Act in relation to such services, and makes consequential amendments to section 19 (discrimination in relation to goods, facilities and services), section 25 (enforcement) and section 26 (validity and revision of certain agreements).

Regulations 20 to 23 amend Part VII of the Act (supplemental):

• Minor or consequential amendments are made to section 54A (codes of practice) and section 55 (victimisation) of the Act. (Regulations 20 and 21)

• Section 56 (help for persons suffering discrimination) is amended so as to substitute a period of eight weeks (instead of a “reasonable period”) within which a respondent is to reply to a questionnaire (without a reasonable excuse for deliberate failure to do so) under the Act in order to avoid the drawing of adverse inferences by an industrial tribunal. (Regulation 22)

• Section 59 (statutory authority and national security etc.) is amended, in relation to Part II of the Act (and Part III thereof, insofar as it relates to employment services) to provide that acts done for the purpose of safeguarding national security are not unlawful if the doing of the act was justified by that purpose. (Regulation 23)

Regulations 24 to 26 amend Part VIII of the Act (miscellaneous):

• In section 64 (application to Crown etc.), a new subsection (2A) is inserted in consequence of the new provisions on the police and other police bodies. Exemptions for service in the Ministry of Defence Police, as a prison officer, or in fire fighting contained in subsections (5) and (6) of the section are repealed, and consequential amendments made to subsection (8). (Regulation 24)

• New sections 64A (Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve) and 64B (other police bodies) are inserted. They provide that the holding of the office of constable as a police officer (section 64A) and otherwise than as a police officer (section 64B) is to be treated as employment for the purposes of Part II of the Act; and make provision about proceedings brought under Part II in relation to the police and other police bodies. (Regulation 25)

• Section 66 (government appointments outside Part II) is repealed. (Regulation 26)

• In section 68 (interpretation), new provisions are substituted and inserted so as to allow, in certain circumstances, for work done wholly outside Northern Ireland to be treated, for the purposes of Part II of the Act, as employment at an establishment in Northern Ireland and to make provision about employment on board ships, hovercraft and aircraft. The exception for employment on board ships, aircraft or hovercraft is repealed. Minor or consequential amendments are made to the remainder of section 68. (Regulation 27)

Regulations 28 to 30 make minor or consequential amendments to Schedules 2, 3, 4 and 8 to the Act, the Equality (Disability, etc.) (Northern Ireland) Order 2000 (N.I. 2) and to other legislation.

The Regulations make provision for commencement on the day after they are made so far as enabling anything to be done for the purposes of preparing and bringing into operation on or after 1st October 2004 a code of practice under section 54A of the Act concerning any provision of that Act as it will have effect on or after that date by virtue of these Regulations. Otherwise, the Regulations come into operation on 1st October 2004. (Regulation 1)

The Regulations also include transitional provisions concerning the burden of proof in industrial tribunal proceedings and concerning the new eight-week period (in section 56 of the Act) for respondents to answer a questionnaire. (Regulation 2)

A regulatory impact assessment has been prepared in relation to these Regulations. A copy may be obtained from: Anti-Discrimination Division, Office of the First Minister and deputy First Minister, Room E4.05, Castle Buildings, Stormont, Belfast, BT4 3SR. A copy of the assessment has been placed in the library of the Northern Ireland Assembly.

Footnotes

[^f00001]: 1972 c. 68

[^f00002]: See the European Communities (Designation) (No. 3) Order 2002 (S.I. 2002/1819)

[^f00003]: Section 54A was inserted by Article 11 of the Equality (Disability, etc.) (Northern Ireland) Order 2000 (S.I. 2000/1110 (N.I. 2)). It is further amended by regulation 20 of these regulations

[^f00004]: 1995 c. 50 as it applies in Northern Ireland by virtue of section 70(6) and Schedule 8 thereof. See also S.R. 1999 No. 481, Article 8(a) and Schedule 6, Part I for transfer of functions.

[^f00005]: S.I. 2000/1110 (N.I. 2)

[^f00006]: 1954 c. 33 (N.I.)

[^f00007]: Regulation 9(1) renumbers section 8 of the Act as section 17A

[^f00008]: 1958 c. 21

[^f00009]: 1975 c. 24, Schedule 2 was amended by S.I. 2002/794, Article 5(2) and Schedule 2 and by the Scotland Act 1998 (c. 46) sections 48(6), 125, Schedule 9 and section 87(1)

[^f00010]: S.I. 1995/3213 (N.I. 22)

[^f00011]: The definition of “pension credit member” was inserted by paragraph 50(3) of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)). The definition of “pensioner member” was amended by paragraph 5(3) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

[^f00012]: 1907 c. 24

[^f00013]: 1890 c. 39

[^f00014]: S.I. 1996/1921 (N.I. 18)

[^f00015]: Relevant amending Orders are S.I. 1989/2406 (N.I. 20), S.I. 1993/2810 (N.I. 12), S.I. 1996/274 (N.I. 1) and S.I. 1997/1772 (N.I. 15)

[^f00016]: 1964 c. 33 (N.I.)

[^f00017]: 1945 c. 6 (N.I.)

[^f00018]: Section 54A was inserted by Article 11 of the Equality (Disability, etc.) (Northern Ireland) Order 2000 (S.I. 2000/1110 (N.I. 2))

[^f00019]: Section 64, in its application to Northern Ireland, is modified by paragraph 44 of Schedule 8 to the Disability Discrimination Act 1995 (c. 50)

[^f00020]: 2000 c. 32

[^f00021]: 1996 c. 16

[^f00022]: 1997 c. 50

[^f00023]: 1998 c. 32

[^f00024]: Section 68, in its application to Northern Ireland, is modified by paragraph 47 of Schedule 8 to the Disability Discrimination Act 1995 (c. 50) as amended by S. R. 2000 No. 8, regulation 3

[^f00025]: Subsection (2) was substituted by S.R. 2000 No. 8, regulation 3

[^f00026]: Part I of Schedule 3 was amended by Schedule 3 to the Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18)) and the Employment Relations Act 1999 (c. 26) sections 41, 44, Schedule 8, paragraph 7 and Schedule 9, Table 12

[^f00027]: 1993 c. 49; Part X was amended by Articles 152 to 156 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 70 of Schedule 5 to the Bank of England Act 1998 (c. 11) and sections 49 and 50 of, and Schedule 9 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

[^f00028]: Paragraph 4(1), in its application to Northern Ireland, is modified by paragraph 50(2) of Schedule 8 to the Disability Discrimination Act 1995 (c. 50)

[^f00029]: S.I. 1996/1921 (N.I. 18)

[^f00030]: S.R. 1996 No. 173; rule 14(1A) was inserted by regulation 11 of S.R. 1996 No. 466

[^f00031]: S.I. 1998/1265 (N.I. 8)

[^f00032]: S.I. 1998/3162 (N.I. 21)

[^f00033]: S.I. 2003/2902 (N.I. 15)

[^f00034]: S.I. 1992/807 (N.I. 5)

[^f00035]: Article 84A was inserted by Article 8 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8))