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

Application to Crown etc.

This section has no associated Explanatory Memorandum

53.—(1) These Regulations apply —

(a)to an act done by or for the purposes of a Minister of the Crown, a Northern Ireland Minister or government department; or

(b)to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,

as they apply to an act done by a private person.

(2) These Regulations apply to —

(a)service for purposes of a Minister of the Crown, a Northern Ireland Minister or government department, other than service of a person holding a statutory office; or

(b)service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body; or

(c)service in the armed forces,

as they apply to employment by a private person, and shall so apply as if references to a contract of employment included reference to the terms of service.

(3) Paragraphs (1) and (2) do not apply in relation to the provisions mentioned in paragraph (4).

(4) Regulations 12 to 15 bind the Crown and the other provisions of these Regulations so far as they relate to those provisions shall be construed accordingly.

(5) Paragraph (4) of regulation 54 shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of the United Kingdom as it has effect in relation to a ship, aircraft or hovercraft such as is mentioned subparagraph (a) or (b) of the paragraph in question.

(6) The provisions of Parts II to IV of the Crown Proceedings Act 1947(1) shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in Northern Ireland which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, except that in their application to proceedings under these Regulations section 20 of that Act (removal of proceedings from county court to High Court) shall not apply.

(7) In this regulation —

“armed forces” means any of the naval, military or air forces of the Crown;

“service for purposes of a Minister of the Crown, a Northern Ireland Minister or a government department” does not include service in any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975(2); and

“statutory body” means a body set up in pursuance of a statutory provision, and “statutory office” means an office so set up.