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

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Discriminatory advertisements

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20.—(1) It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do an act of discrimination, whether the doing of that act by him would be lawful, or by virtue of these Regulations, unlawful.

(2) Paragraph (1) does not apply to an advertisement if the intended act would be lawful by virtue of regulations 17(5), 26 and 49.

(3) The publisher of an advertisement made unlawful by paragraph (1) shall not be subject to any liability under that paragraph in respect of the publication of the advertisement if he proves —

(a)that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of paragraph (2), the publication would not be unlawful; and

(b)that it was reasonable for him to rely on the statement.

(4) a person who knowingly or recklessly makes a statement such as is mentioned in paragraph (3)(a) which in a material respect is false or misleading shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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