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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Race Relations (Northern Ireland) Order 1997 (N.I. 6) URL: http://www.bailii.org/nie/legis/num_orders/1997/19970869(i).html |
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District councils: general statutory duty 67. Without prejudice to its obligation to comply with any other provision of this Order, it shall be the duty of a district council to make appropriate arrangements with a view to securing that its various functions are carried out with due regard to the need -
(b) to promote equality of opportunity, and good relations, between persons of different racial groups. Validity and revision of contracts 68,(1) A term of a contract is void where - (a) its inclusion renders the making of the contract unlawful by virtue of this Order; or (b) it is included in furtherance of an act rendered unlawful by this Order; or (c) it provides for the doing of an act which would be rendered unlawful by this Order.
(2) Paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract, but the term shall be unenforceable against that party.
(b) to a contract settling a complaint to which Article 52(1) applies if the conditions regulating compromise contracts under this Order are satisfied in relation to the contract; or (c) to a contract settling a claim to which Article 54 applies.
(7) The conditions regulating compromise contracts under this Order are that -
(b) the contract must relate to the particular complaint; (c) the complainant must have received independent legal advice from a qualified lawyer as to the terms and effect of the proposed contract and in particular its effect on his ability to pursue his complaint before an industrial tribunal; (d) there must be in force, when the adviser gives the advice, a policy of insurance covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; (e) the contract must identify the adviser; and (f) the contract must state that the conditions regulating compromise contracts under this Order are satisfied.
(8) In paragraph (7) -
(9) For the purposes of paragraph (7) any two persons are to be treated as "connected" if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control.
(b) amend or repeal Article 11; (c) amend Part II, III or IV so as to render lawful an act which, apart from the amendment, would be unlawful by reason of Article 6(1) or (2), 21(1), 22 or 25; (d) amend Article 12(1) or 25(1)(a) so as to alter the number of partners or members specified in that provision.
(2) The Department may by order provide that Articles 10(5) and 11(3) shall have effect -
(b) with the insertion after "1964" of the words "or specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982".
(3) The Department shall not make an order under paragraph (1) unless a draft of the order has been laid before and approved by a resolution of the Assembly.
(b) Article 10(5) or 69(1) (orders subject to approval in draft by Assembly).
(5) Regulations and orders under this Order may contain incidental, supplementary, consequential and transitional provisions.
(b) to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,
as it applies to an act done by a private person.
(b) service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body; or (c) service in the armed forces,
as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service.
(b) render unlawful the publication, display or implementation of any such rules, or the publication of advertisements stating the gist of any such rules.
(6) The provisions of Parts II to IV of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Order as they apply to proceedings in Northern Ireland which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, except that in their application to proceedings under this Order section 20 of that Act (removal of proceedings from county court to High Court) shall not apply.
(b) is by virtue of Article 32 or 33 to be treated as having committed such an act of discrimination against the complainant,
if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination in question relates to his service in those forces.
(b) the Defence Council has made a determination with respect to the complaint.
(9) The Secretary of State may by regulations make provision enabling a complaint to which paragraph (7) applies to be presented to an industrial tribunal under Article 52 in such circumstances as may be prescribed by the regulations, notwithstanding that paragraph (8) would otherwise preclude the presentation of the complaint to an industrial tribunal.
Government appointments outside Article 6 |
| © Crown copyright 1997 | Prepared
30 June 1997
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