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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 261

AGE DISCRIMINATION

The Employment Equality (Age) Regulations (Northern Ireland) 2006

  Made 13th June 2006 
  Coming into operation in accordance with regulation 1


ARRANGEMENT OF REGULATIONS


PART 1

GENERAL
1. Citation and commencement
2. Interpretation
3. Discrimination on grounds of age
4. Discrimination by way of victimisation
5. Instructions to discriminate
6. Harassment on grounds of age

PART 2

DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING
7. Applicants and employees
8. Discrimination by persons with statutory power to select employees for others
9. Exception for genuine occupational requirement etc.
10. Contract workers
11. Meaning of employment and contract work at establishment in Northern Ireland
12. Pension schemes
13. Office-holders etc.
14. Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
15. Other police bodies
16. Serious Organised Crime Agency
17. Barristers
18. Partnerships
19. Trade organisations
20. Qualifications bodies
21. The provision of vocational training
22. Employment agencies, careers guidance etc.
23. Assisting persons to obtain employment etc.
24. Institutions of further and higher education
25. Relationships which have come to an end

PART 3

OTHER UNLAWFUL ACTS
26. Liability of employers and principals
27. Aiding unlawful acts

PART 4

GENERAL EXCEPTIONS FROM PARTS 2 AND 3
28. Exception for statutory authority
29. Exception for national security etc.
30. Effect of certificates by Secretary of State
31. Exceptions for positive action
32. Exception for retirement
33. Exception for the national minimum wage
34. Exception for provision of certain benefits based on length of service
35. Exception for provision of enhanced redundancy payments to employees
36. Exception for provision of life assurance cover to retired workers

PART 5

FUNCTIONS OF THE EQUALITY COMMISSION
37. General duty of Commission
38. Research and education
39. Codes of practice

PART 6

ENFORCEMENT
40. Restriction of proceedings for breach of Regulations
41. Jurisdiction of industrial tribunals
42. Burden of proof: industrial tribunals
43. Remedies on complaints in industrial tribunals
44. Jurisdiction of county courts
45. Burden of proof: county courts
46. Help for persons in obtaining information etc.
47. Assistance by Commission
48. Period within which proceedings to be brought

PART 7

SUPPLEMENTAL
49. Validity of contracts, collective agreements and rules of undertakings
50. Application to the Crown etc.
51. Duty to consider working beyond retirement
52. Duty to consider working beyond retirement – transitional provisions
53. Amendments, transitionals, repeals and revocations

  SCHEDULE 1— Pension schemes
 Part 1— Pension schemes - general
 Part 2— Excepted rules, practices, actions and decisions relating to occupational pension schemes
 Part 3— Excepted rules, practices, actions and decisions relating to contributions by employers to personal pension schemes

  SCHEDULE 2— Questionnaire of person aggrieved

  SCHEDULE 3— Reply by respondent

  SCHEDULE 4— Validity of contracts, collective agreements and rules of undertaking
 Part 1— Validity and revision of contracts
 Part 2— Collective agreements and rules of undertakings

  SCHEDULE 5— Duty to consider working beyond retirement

  SCHEDULE 6— Duty to consider working beyond retirement – transitional provisions

  SCHEDULE 7— Amendments to legislation and related transitional provisions
 Part 1— Primary legislation
 Part 2— Subordinate legislation

  SCHEDULE 8— Repeals and revocations

The Office of the First Minister and deputy First Minister, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972[
1] in relation to discrimination [2], in exercise of the powers conferred by section 2(2) of that Act makes the following Regulations:



PART 1

GENERAL

Citation and commencement
     1. —(1) These Regulations may be cited as the Employment Equality (Age) Regulations (Northern Ireland) 2006 and with the exception of this regulation and regulations 2, 37, 38 and 39 shall come into operation on 1st October 2006.

    (2) This regulation and regulations 2, 37, 38 and 39 shall come into operation on 14th June 2006.

Interpretation
    
2. —(1) The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it applies to an Act of the Assembly.

    (2) In these Regulations, references to discrimination are to any discrimination falling within regulation 3 (discrimination on grounds of age), regulation 4 (discrimination by way of victimisation), or regulation 5 (instructions to discriminate), and related expressions shall be construed accordingly, and references to harassment shall be construed in accordance with regulation 6 (harassment on grounds of age).

    (3) In these Regulations—

    (4) In these Regulations, references to "employer", in their application to a person at any time seeking to employ another, include a person who has no employees at that time.

Discrimination on grounds of age
     3. —(1) For the purposes of these Regulations, a person ("A") discriminates against another person ("B") if —

and A cannot show the treatment or, as the case may be, provision, criterion or practice to be a proportionate means of achieving a legitimate aim.


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