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

PART IIICONSEQUENTIAL 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(1), for “section 8” substitute “section 17A or 25(8)”.

(2) In the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996(2), 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Resolution) (Northern Ireland) Order 1998(3), Articles 9(3), 10(2)(c) and 11(2)(c) and paragraph 6 of Schedule 1 are repealed.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(4), Article 85(1)(a)(ii), omit “of discrimination”.

(5) In the Employment (Northern Ireland) Order 2003(5), 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”.