Office of Public Sector Information
PART I continued
(7) Subject to subsection (5) above, the Tribunal may at any time revoke or vary the terms of an order under subsection (3) above—
(a) on an application by the Commission or by the person in relation to whom the order was made, or
(b) where a person attends before the Tribunal in pursuance of an order under subsection (3)(a) above or on an application by the Commission under subsection (6)(b) above.
(8) In subsection (1) above—
(a) the references to an undertaking given to the Commission under section 12(2) or 14(3) of this Act include references to an undertaking given to the Fair Employment Agency for Northern Ireland under section 13(1) or (5) of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976 before the commencement of section 12 of this Act, and
(b) the reference to directions given by the Commission or substituted by the Tribunal under section 15 of this Act for such directions includes a reference to directions given by the Fair Employment Agency for Northern Ireland before the commencement of that section or substituted by the Fair Employment Appeals Board under section 14 of the Fair Employment (Northern Ireland) Act 1976 for such directions.
(1) Subsection (3) below applies where the Tribunal determines that a person (in this section referred to as “the respondent”)—
(a) has failed to comply with a requirement to attend before the Tribunal included in an order under section 16(3) of this Act, or
(b) has failed to comply to the satisfaction of the Tribunal with any term included in such an order by virtue of section 16(4)(a) or (b) of this Act.
(2) The Tribunal shall not make a determination under subsection (1) above until the end of the period within which notice of an appeal to the Court of Appeal under section 18 of this Act against the order in question may be given or, if notice of such an appeal is given within that period, until the appeal is abandoned or determined.
(3) Where this subsection applies, the President or Vice-President may—
(a) certify the failure to the High Court, or
(b) require the respondent to pay to the Department a pecuniary penalty of an amount not exceeding £30,000.
(4) Where the President or Vice-President has certified a failure under subsection (3)(a) above, the High Court may deal with the respondent as if the relevant order of the Tribunal had been an order of the High Court.
(5) The [S.I.1981/226 (N.I.6).] Judgments Enforcement (Northern Ireland) Order 1981 shall apply with the necessary modifications in relation to a penalty imposed under subsection (3)(b) above as it applies to a sum due to the Crown under a money judgment (within the meaning of that Order).
(6) If it appears to the Department that there has been a change in the value of money since the relevant date, it may by order substitute for the sum for the time being specified in subsection (3)(b) above such other sum as appears to it to be justified by the change.
(7) In subsection (6) above “the relevant date” means—
(a) in relation to the first order under that subsection, the commencement of this section, and
(b) in relation to each subsequent order, the last occasion when the sum specified in subsection (3)(b) above was altered.
(8) The Department shall pay into the Consolidated Fund of Northern Ireland any sums received in respect of penalties under this section.
(1) A person who is dissatisfied in point of law with any decision of the Tribunal under section 15, 16 or 17 of this Act may, according as rules of court may provide, either appeal from it to the Court of Appeal or require the Tribunal to state and sign a case for the opinion of the Court of Appeal.
(2) Rules of court may provide for authorising or requiring the Tribunal to state, in the form of a special case for the decision of the Court of Appeal, any question of law arising in the proceedings.
(3) A person on whom a penalty is imposed under section 17(3)(b) of this Act may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the amount of the penalty.
(1) No information in the Commission’s possession which discloses, or from which there can be deduced, the religious belief of any identifiable individual shall, without that individual’s written consent, be disclosed to any person, except where—
(a) it is disclosed to a person employed by the Commission the nature of whose duties renders it reasonable for him to be supplied with the information, or
(b) its disclosure is necessary—
(i) for the purposes of any proceedings under this Act, either before a court or before the Tribunal,
(ii) for the purposes of any criminal proceedings, or
(iii) to comply with the order of a court.
(2) Subsection (3) below applies to any information supplied to the Commission—
(a) in the course of an investigation under section 11 of this Act or section 38 (review of exception of schoolteachers) of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976, or
(b) in pursuance of a requirement under section 45 of this Act.
(3) No information to which this subsection applies shall be disclosed by a member, officer or servant of the Commission to a person who is not a member of, or in the employment of, the Commission, except so far as such disclosure—
(a) is relevant for the purposes of section 2(1) (educational functions) or section 38(3) (report on review of exception of schoolteachers) of, or paragraph 14 (annual report) of Schedule 1 to, the Fair Employment (Northern Ireland) Act 1976 and is not prohibited by subsection (1) above,
(b) is necessary as mentioned in subsection (1)(b) above, or
(c) is permitted by subsection (4) below or required by subsection (5) below.
(4) Subject to subsection (1) above, where it is necessary or expedient to do so for the proper discharge of the functions of the Commission, a member, officer or servant of the Commission may—
(a) disclose to an employer any information in the Commission’s possession which relates to his employees or to other persons who have applied for employment by him,
(b) disclose to a principal (within the meaning of section 18 of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976) any information in the Commission’s possession which relates to contract workers whose services are or have been available to him,
(c) disclose to any person who is empowered by virtue of an enactment to select or nominate another person for employment by a third person any information in the Commission’s possession which relates to a person who has applied for the employment in question,
(d) disclose to an employment agency any information in the Commission’s possession which relates to a person who has applied for or obtained the services of the agency,
(e) disclose to a vocational organisation any information in the Commission’s possession which relates to members of that organisation or other persons who have applied for membership,
(f) disclose to a person who provides services in connection with the training of persons for employment in any capacity, or for a particular employment or occupation, any information in the Commission’s possession which relates to a person who has sought, or on whose behalf it has been sought, to obtain those services, or who has obtained those services, or
(g) disclose to a person who has power to confer a qualification such as is mentioned in section 23 of the Fair Employment (Northern Ireland) Act 1976 any information in the Commission’s possession which relates to a person who has applied to have, or has had, that qualification conferred on him.
(5) Subject to subsection (1) above, the Commission shall supply to the Department any information in the Commission’s possession which the Department requests.
(6) Any person who discloses any information in contravention of any provision of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) In this Part of this Act “equality of opportunity” means equality of opportunity between persons of different religious beliefs.
(2) For the purposes of this Part of this Act a person of any religious belief has equality of opportunity with a person of any other religious belief if, being—
(a) a person who is seeking employment or in employment, or
(b) a person who is seeking to become engaged in, or is engaged in, any occupation,
he has in any circumstances the same opportunity of a kind mentioned in subsection (4) below as that other person has or would have in those circumstances, due allowance being made for any material difference in their suitability.
(3) For the purposes of subsection (2) above, a person is not to be treated as not having the same opportunity as another person has or would have by reason only of anything lawfully done in pursuance of affirmative action.
(4) The kinds of opportunity referred to in subsection (2) above are—
(a) in relation to an employment, the opportunity to be considered, and to be submitted for consideration, for the employment, and to have and hold it on any terms, with access to all benefits connected with it and without being subjected to any detriment, and
(b) in relation to an employment or an occupation—
(i) the opportunity to become, and remain, on any terms a member of any vocational organisation which exists for purposes of the employment or the occupation (or for purposes of employments or occupations of any class which includes the employment or occupation), with access to all the benefits of membership and without being subjected to any detriment, and
(ii) where services in connection with training for the employment are provided by a person other than the employer, or where services in connection with training for the occupation are provided by any person, the opportunity to have those services on any terms, with access to all benefits connected with them, and
(iii) the opportunity to have conferred on him, and to hold, on any terms any qualification which is needed for, or facilitates, his engagement in the employment or the occupation.
(1) In this Part of this Act—
“affirmative action” has the meaning given by section 58 of this Act,
“the Commission” means the Fair Employment Commission for Northern Ireland,
“equality of opportunity” has the meaning given by section 20 of this Act,
“the President” means the President of the Industrial Tribunals and the Fair Employment Tribunal,
“the Tribunal” means the Fair Employment Tribunal for Northern Ireland,
“the Vice-President” means the Vice-President of the Industrial Tribunals and the Fair Employment Tribunal;
and other expressions used in this Part and in the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976 have the same meaning as in that Act.
(2) Any reference in this Part of this Act to the promotion of equality of opportunity includes a reference to the promotion of affirmative action and, accordingly, any reference to action for promoting equality of opportunity includes a reference to affirmative action.
Fair Employment (Northern Ireland) Act 1989