The Race Relations (Northern Ireland) Order 1997

Interpretation N.I.

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “access” shall be construed in accordance with Article 39;

• “act” includes a deliberate omission;

• “advertisement” includes every form of advertisement or notice, whether to the public or not;

• “the Commission” means[F1 the Equality Commission for Northern Ireland];

• “Commissioner” means a member of the Commission;

• “the Department” means the Department of Economic Development;

• “discrimination” and related terms shall be construed in accordance with paragraph (4);

• “education” includes any form of training or instruction;

• “employment” means employment under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;

• “employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;

• “final” shall be construed in accordance with paragraph (3);

• “formal investigation” means an investigation under Article 46;

• “general notice”, in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

• “genuine occupational qualification” shall be construed in accordance with Article 8;

• “government department” means a Northern Ireland department or a department of the Government of the United Kingdom;

• “nationality” includes citizenship;

• “non-discrimination notice” means a notice under Article 55;

• “Northern Ireland” includes such of the territorial waters of the United Kingdom as are adjacent to Northern Ireland;

• “notice” means a notice in writing;

• “premises” includes land of any description;

• “prescribed” means prescribed by regulations made by the Department;

• “profession” includes any vocation or occupation;

• “racial grounds” and “racial group” have the meaning given by Article 5;

• “statutory provision” has the meaning given by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954;

• “trade” includes any business;

• “training” includes any form of education or instruction.

(3) For the purposes of this Order a non-discrimination notice or a finding by a court or tribunal becomes final when—

(a) an appeal against the notice or finding is dismissed, withdrawn or abandoned; or

(b) the time for appealing expires without an appeal having been brought;

and for the purposes of sub-paragraph (a) an appeal against a non-discrimination notice shall be taken to be dismissed if, notwithstanding that a requirement of the notice is quashed on appeal, a direction is given in respect of it under Article 56(3).

(4) In this Order—

(a) references to discrimination are to any discrimination falling within Article 3 or 4; and

(b) references to racial discrimination are to any discrimination falling within Article 3;

and related expressions shall be construed accordingly.

F1 1998 c.47