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The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

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Discriminatory practice

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19.—(1) In this regulation “discriminatory practice” means —

(a)the application of a provision, criterion or practice which results in an act of discrimination which is unlawful by virtue of any provision of these Regulations taken with regulation 3(1)(b) and regulation 3(2), or which would be likely to result in such an act of discrimination, if the person to whom it is applied included persons of any particular sexual orientation, as which there has been no occasion for applying it; or

(b)the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of these Regulations taken with regulation 3(1)(c) and regulation 3(2), or which would be likely to result in such an act of discrimination if the persons to whom it is applied included persons of any particular sexual orientation as regards which there has been no occasion for applying it.

(2) A person acts in contravention of this regulation if and so long as —

(a)he applies a discriminatory practice; or

(b)he operates practices or other arrangements which in any circumstances would call for the application by him of a discriminatory practice.

(3) Proceedings in respect of a contravention of this regulation shall be brought only by the Commission in accordance with regulations 37 to 40.

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