Sex Discrimination (Northern Ireland) Order 1976 No. 1042 (NI. 15)

PART VI N.I. GENERAL EXCEPTIONS FROM PARTS III TO V

Charities N.I.

44.—(1) Nothing in Parts III to V shall—

(a) be construed as affecting a provision to which this paragraph applies, or

(b) render unlawful an act which is done in order to give effect to such a provision.

(2) Paragraph (1) applies to a provision for conferring benefits on persons of one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which is contained in a charitable instrument.

[F1 (2A) But paragraph (1) does not apply to discrimination under [F2 Article 3, 3A or 4A] in its application to Articles 30 to 32 unless the conferral of benefits is —

(a) a proportionate means of achieving a legitimate aim, or

(b) for the purpose of preventing or compensating for a disadvantage linked to sex.]

(3) In this Article—

(a) “charitable instrument” means a statutory provision or other instrument passed or made for charitable purposes, or a statutory provision or other instrument so far as it relates to charitable purposes;

(b) “charitable purposes” means purposes which are exclusively charitable according to the law of Northern Ireland.

F1 Art. 44(2A) inserted (6.4.2008) by Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), regs. 1(1), 2(2), Sch. 2 para. 11

F2 Words in art. 44(2A) substituted (2.5.2016) by The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 17