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The Race Relations (Northern Ireland) Order 1997
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The Race Relations (Northern Ireland) Order 1997, Section 40 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 40:
- Instrument am. (prosp.) by 1998 c. 17 s.50 Sch.4 para.41
- Instrument am. (prosp.) by 1998 c. 32 s.74(1) Sch.4 para.24
Acts done under statutory authority etc.N.I.
40.—(1) Nothing in Parts II to IV shall render unlawful any act of discrimination done—
(a)in pursuance of any statutory provision; or
(b)in order to comply with any condition or requirement imposed by a Minister of the Crown or government department by virtue of any statutory provision.
[F1(1A) Paragraph (1) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of a provision referred to in Article 3(1B).]
(2) Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other's nationality or place of ordinary residence or the length of time for which he has been present or resident in or outside the United Kingdom or an area within the United Kingdom, if that act is done—
[F1(a)in pursuance of any statutory provision; or
(b)in order to comply with any requirement imposed by a Minister of the Crown, a Northern Ireland Minister (including the First Minister and deputy First Minister) or government department by virtue of any statutory provision; or
(c)in pursuance of any arrangements made by or with the approval of, or for the time being approved by, a Minister of the Crown, a Northern Ireland Minister (including the First Minister and deputy First Minister) or government department; or
(d)in order to comply with any condition imposed by a Minister of the Crown, a Northern Ireland Minister (including the First Minister or deputy First Minister) or government department.]
(3) This Article applies whether the statutory provision, condition, requirement or arrangement in question was passed, made or imposed (as the case may be) before or after the making of this Order.
F1SR 2003/341
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