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Fair Employment (Northern Ireland) Act 1989 (repealed 1.3.1999)

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Changes over time for: Section 34

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Version Superseded: 01/03/1999

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34 Directions.N.I.

(1)The directions contained in a notice served under section 33(3) of this Act shall be those which the Commission considers to be, in all the circumstances, reasonable and appropriate for the purpose in question.

(2)The directions may in particular include such directions as the Commission considers necessary to ensure that other directions are duly carried out.

(3)The terms of the directions contained in a notice served under section 33(3)(b)(i) of this Act which supersede an undertaking shall be such as, in the opinion of the Commission, are not substantially more onerous than the terms of the undertaking.

(4)A notice served under section 33(3)(a) or (b)(i) of this Act shall inform the employer of the right of appeal against the directions which is conferred by section 15 of this Act.

(5)The Commission, on the written application of the employer, may—

(a)revoke all of the directions, or

(b)modify the directions in accordance with the application—

(i)by revoking any of them, or

(ii)by substituting new directions for all or any of them,

and, in substitution for any directions which are revoked under paragraph (a) above, may accept from the employer an undertaking such as is mentioned in section 33(2) of this Act.

(6)The Commission shall serve notice of the revocation or modification on the employer.

(7)The directions—

(a)are binding on the employer (except to the extent that they are quashed, or other directions are substituted for them, by the Tribunal under section 15 of this Act), and

(b)are enforceable only in accordance with section 16 of this Act.

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