Part 3Discrimination on grounds of sexual orientation

82Regulations for Northern Ireland

1

The Office of the First Minister and deputy First Minister may by regulations make provision about discrimination or harassment on grounds of sexual orientation.

2

In subsection (1) “sexual orientation” has the same meaning as in the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR 2003 No. 497).

3

The regulations may, in particular—

a

make provision of a kind similar to Part 3 of the Race Relations Order (discrimination on grounds of race, etc. other than in employment field) and Part 4 of that Order so far as it applies for the purposes of Part 3;

b

define discrimination;

c

define harassment;

d

make provision for enforcement (which may, in particular, include provision—

i

creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by the Race Relations Order;

ii

about validity and revision of contracts;

iii

about discriminatory advertisements;

iv

about instructing or causing discrimination or harassment);

e

provide for exceptions (whether or not of a kind similar to those provided for by Part 6 of the Race Relations Order or any other enactment relating to discrimination);

f

confer powers or impose duties or restrictions on the Equality Commission for Northern Ireland of a kind similar to those conferred or imposed on the Commission by Part 7 of the Race Relations Order;

g

make provision which applies generally or only in specified cases or circumstances;

h

make different provision for different cases or circumstances;

i

include incidental or consequential provision (which may include provision amending an enactment);

j

include transitional provision.

4

The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/ 1573 (NI 12)).

5

Regulations may not be made under this section unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

6

In this section—

  • “the Race Relations Order” means the Race Relations (Northern Ireland) Order 1997 (SI 1997/869 (N.I. 6));

  • “enactment” includes an enactment contained in or made under Northern Ireland legislation.