Introductory Title and commencement 1 1 This Order may be cited as the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990. 2 Except as provided by paragraph (3), this Order shall come into operation on the expiration of two months from the day on which it is made. 3 The following provisions shall come into operation on such day or days as the Head of the Department may by order appoint , namely— a Article 11(5); b Article 12(1) and Part II of Schedule 3 so far as they repeal section 117A of the Factories Act (Northern Ireland) 1965 ; c paragraph 5 of Schedule 4 and Article 19(1) so far as relating thereto; d Part II of Schedule 5 and Article 19(2) so far as relating thereto . Interpretation 2 1 The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly. 2 In this Order— “act” includes a deliberate omission; “the Department” means the Department of Economic Development; “enactment” includes an enactment contained in an Act of Parliament or in an Act of the Parliament of Northern Ireland or a Measure or an Order in Council having the same eﬀect as such an Act or a Measure; and “enacted” in relation to such an Order in Council means made; “instrument” has the meaning assigned to it by section 1(c) of the Interpretation Act (Northern Ireland) 1954 ; “the 1976 Order” means the Sex Discrimination (Northern Ireland) Order 1976 ; “vocational training” includes advanced vocational training and retraining. 3 Any reference in this Order to vocational training shall be construed as including a reference to vocational guidance. Overriding of provisions requiring discrimination as respects employment or training Overriding of statutory requirements which conﬂict with certain provisions of the 1976 Order 3 1 Any provision of— a an enactment enacted before the Sex Discrimination (Northern Ireland) Order 1976; or b an instrument made or approved under such an enactment (including one made or approved after the making of the 1976 Order), shall be of no eﬀect in so far as it imposes a requirement to do an act which would be rendered unlawful by any of the provisions of that Order referred to in paragraph (2). 2 Those provisions are— a Part III (discrimination as respects employment); b Part IV (discrimination as respects education, etc. ) so far as it applies to vocational training; and c Part V (other unlawful acts) so far as it has eﬀect in relation to the provisions mentioned in sub‐paragraphs (a) and (b). 3 Where in any legal proceedings (of whatever nature) there falls to be determined the question whether paragraph (1) operates to negative the eﬀect of any provision in so far as it requires the application by any person of a provision, criterion or practice falling within Article 3A(2)(b) or 5(1)(b)(i) of the 1976 Order (indirect discrimination on grounds of sex or marital status)— a it shall be for any party to the proceedings who claims that paragraph (1) does not so operate in relation to that provision to show the provision, criterion or practice in question to be proportionate as mentioned in Article 3A(2)(d) or 5(1)(b)(iii) of that Order ; and b the said Article 3A(2)(d) or 5(1)(b)(iii) shall accordingly have eﬀect in relation to the provision, criterion or practice as if the reference to the person applying it were a reference to any such party to the proceedings. 4 Where an enactment enacted after the 1976 Order, whether before or after this Order, re‐enacts (with or without modiﬁcation) a provision of an enactment enacted before the 1976 Order, that provision as re‐enacted shall be treated for the purposes of paragraph (1) as if it continued to be contained in an enactment enacted before the 1976 Order. Power to repeal statutory provisions requiring discrimination as respects employment or training 4 1 Where it appears to the Department that a relevant provision, namely any provision of— a an enactment enacted before this Order; or b an instrument made or approved under such an enactment (including one made or approved after the making of this Order), requires the doing of an act which would (within the meaning of the 1976 Order) constitute an act of discrimination in circumstances relevant for the purposes of any of the provisions of that Order falling within Article 3(2), it may by order make such provision (whether by amending, repealing or revoking the relevant provision or otherwise) as it considers appropriate for removing any such requirement. 2 Paragraph (1) shall have eﬀect in relation to a provision to which Article 3(1) applies as if the reference to a relevant provision requiring the doing of an act were a reference to its so requiring but for the operation of Article 3(1). 3 Any order under this Article which makes any amendment, repeal or revocation of a relevant provision within the meaning of paragraph (1) may (without prejudice to the generality of Article 18(4)) amend or repeal any provision of this Order by virtue of which acts done in pursuance of the relevant provision are not to be unlawful for the purposes of provisions of the 1976 Order. 4 Where an enactment enacted after this Order re‐enacts (with or without modiﬁcation) a provision of an enactment enacted before this Order, that provision as re‐enacted shall be treated for the purposes of paragraph (1) as if it continued to be contained in an enactment enacted before this Order. Circumstances where discrimination as respects employment or training is permissible Restriction of exemption for discrimination required by or under statute 5 1 The 1976 Order shall be amended as follows. 2 Article 10(2)(f) (exception for jobs held by men because of statutory restrictions on employment of women) shall be omitted. 3 The following Articles shall be substituted for Article 52— Acts done for purposes of protection of women 52 1 Nothing in the following provisions, namely— a Part III; b Part IV so far as it applies to vocational training; or c Part V so far as it has eﬀect in relation to the provisions mentioned in sub‐paragraphs (a) and (b), shall render unlawful any act done by a person in relation to a woman if— i it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision concerning the protection of women; or ii it was necessary for that person to do it in order to comply with a requirement of a relevant statutory provision (within the meaning of Part II of the Health and Safety at Work (Northern Ireland) Order 1978 ) and it was done by that person for the purpose of the protection of the woman in question (or of any class of women that included that woman). 2 In paragraph (1)— a the reference in sub‐paragraph (i) to an existing statutory provision concerning the protection of women is a reference to any such provision having eﬀect for the purpose of protecting women as regards— i pregnancy or maternity; or ii other circumstances giving rise to risks speciﬁcally aﬀecting women, whether the provision relates only to such protection or to the protection of any other class of persons as well; and b the reference in sub‐paragraph (ii) to the protection of a particular woman or class of women is a reference to the protection of that woman or those women as regards any circumstances falling within sub‐paragraph (a)(i) or (ii) of this paragraph. 3 In this Article “existing statutory provision” means (subject to paragraph (4)) any provision of— a an enactment enacted before this Order; or b an instrument made or approved under such an enactment (including one made or approved after the making of this Order). 4 Where an enactment enacted after this Order re‐enacts (with or without modiﬁcation) a provision of an enactment enacted before this Order, that provision as re‐enacted shall be treated for the purposes of paragraph (3) as if it continued to be contained in an enactment enacted before this Order. Acts done under statutory authority to be exempt from certain provisions of Part IV 52A 1 Nothing in— a the relevant provisions of Part IV; or b Part V so far as it has eﬀect in relation to those provisions, shall render unlawful any act done by a person if it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision within the meaning of Article 52. 2 In paragraph (1) “the relevant provisions of Part IV” means the provisions of that Part except so far as they apply to vocational training. . 4 The following Article shall be inserted after Article 53— Construction of references to vocational training 53A In the following provisions, namely— a Articles 52 and 52A; and b the provisions of any Order in Council modifying the eﬀect of Article 53, “vocational training” includes advanced vocational training and retraining; and any reference to vocational training in those provisions shall be construed as including a reference to vocational guidance. . Exemption for discrimination under certain provisions concerned with the protection of women at work 6 1 Without prejudice to the operation of Article 52 of the 1976 Order (as substituted by Article 5(3)), nothing in— a Part III of that Order; b Part IV of that Order so far as it applies to vocational training; or c Part V of that Order so far as it has eﬀect in relation to the provisions mentioned in sub‐paragraphs (a) and (b), shall render unlawful any act done by a person in relation to a woman if it was necessary for that person to do that act in order to comply with any requirement of any of the provisions speciﬁed in Schedule 1 (which are concerned with the protection of women at work). 2 Each of the last two entries in that Schedule shall be construed as including a reference to any provision or provisions for the time being having eﬀect in place of the provision or provisions speciﬁed in that entry. 3 In this Article “woman” means a female person of any age. Exemption for discrimination in connection with certain educational appointments 7 1 Nothing in Parts III to V of the 1976 Order shall render unlawful any act done by a person in connection with the employment of another person as the principal of any educational establishment if it was necessary for that person to do that act in order to comply with any requirement of any instrument relating to the establishment that its principal should be a member of a particular religious order. 2 The Department may by order provide that paragraph (1) shall not have eﬀect in relation to— a any educational establishment speciﬁed in the order; or b any class or description of educational establishments so speciﬁed. 3 In this Article “educational establishment” means— a any school within the meaning of the Education and Libraries (Northern Ireland) Order 1986; b any institution providing further education within the meaning of that Order. 4 Nothing in this Article shall be construed as prejudicing the operation of Article 21 of the 1976 Order (exemption for discrimination in relation to employment of ministers of religion). Power to exempt particular acts of discrimination required by or under statute 8 1 The Department may by order make such provision as it considers appropriate— a for disapplying paragraph (1) of Article 3 in the case of any provision to which it appears to the Department that that paragraph would otherwise apply; b for rendering lawful under any of the provisions of the 1976 Order falling within Article 3(2) acts done in order to comply with any requirement— i of a provision whose eﬀect is preserved by virtue of sub‐paragraph (a); or ii of an instrument made or approved under an enactment enacted after the 1976 Order but before this Order (including one made or approved after the making of this Order). 2 Where an enactment enacted after this Order re‐enacts (with or without modiﬁcation) a provision of an enactment enacted as mentioned in head (ii) of paragraph (1)(b), that provision as re‐enacted shall be treated for the purposes of that head as if it continued to be contained in an enactment enacted as mentioned in that head. Discrimination as respects training Prohibition of discrimination in connection with provision of training 9 The following Article shall be substituted for Article 17 of the 1976 Order— Persons concerned with provision of vocational training 17 1 It is unlawful, in the case of a woman seeking or undergoing training which would help ﬁt her for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against her— a in the terms on which that person aﬀords her access to any training course or other facilities concerned with such training; or b by refusing or deliberately omitting to aﬀord her such access; or c by terminating her training; or d by subjecting her to any detriment during the course of her training. 2 Paragraph (1) does not apply to— a discrimination which is rendered unlawful by Article 8(1) or (2) or Article 24 or 25; or b discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Order. . Power to exempt discrimination in favour of lone parents in connection with training 10 1 The Department for Communities or the Department for the Economy may by order provide with respect to— a any speciﬁed arrangements made under section 1 of the Employment and Training Act (Northern Ireland) 1950 (functions of the Department for Communities or the Department for the Economy as respects employment and training); or b any speciﬁed class or description of training for employment provided otherwise than in pursuance of that section; or c any speciﬁed scheme set up under section 1 of the Employment Subsidies Act 1978 (schemes for ﬁnancing employment), that this Article shall apply to such special treatment aﬀorded to or in respect of lone parents in connection with their participation in those arrangements, or in that training or scheme, as is speciﬁed or referred to in the order. 2 Where this Article applies to any treatment aﬀorded to or in respect of lone parents, neither the treatment so aﬀorded nor any act done in the implementation of any such treatment shall be regarded for the purposes of the 1976 Order as giving rise to any discrimination falling within Article 5 of that Order (discrimination against married persons for purposes of Part III of that Order). 3 An order under paragraph (1) may specify or refer to special treatment aﬀorded as mentioned in that paragraph— a whether it is aﬀorded by the making of any payment or by the ﬁxing of special conditions for participation in the arrangements, training or scheme in question, or otherwise; and b whether it is aﬀorded by the Department for Communities or the Department for the Economy or by some other person; and, without prejudice to the generality of sub‐paragraph (b) of that paragraph, any class or description of training for employment speciﬁed in such an order by virtue of that sub‐paragraph may be framed by reference to the person, or the class or description of persons, by whom the training is provided. 4 In this Article— za “couple” has the meaning given by Article 45(1) of the Welfare Reform (Northern Ireland) Order 2015 a “employment” has the same meaning as in the Industrial Training (Northern Ireland) Order 1984; b “lone parent” means a person who— i is not a member of a couple, and ii is responsible for, and a member of the same household, as a child; c “training” includes any education with a view to employment. Removal of restrictions and other requirements relating to employment Repeal or modiﬁcation of provisions requiring diﬀerent treatment of diﬀerent categories of employees 11 1 In section 21 of the Factories Act (Northern Ireland) 1965 (prohibition on cleaning of machinery by any woman or young person), the words “woman or” shall be omitted in both places where they occur. 2 In section 17 of the Oﬃce and Shop Premises Act (Northern Ireland) 1966 (fencing of exposed parts of machinery)— a subsection (3); b in subsection (4), the words from “, except when any” onwards; and c subsection (5), shall cease to have eﬀect. 3 In sections 42(1), 43 and 44 of the Mines Act (Northern Ireland) 1969 (under which winding and rope haulage apparatus and conveyors are to be operated by or under the supervision of competent male persons who have attained the ages there speciﬁed), the word “male” shall be omitted wherever occurring. 4 In section 93 of that Act (prohibition on heavy work by any woman or young person), the words “woman or young” shall be omitted in both places where they occur. 5 Section 106(1) of that Act (prohibition of employment of woman in job requiring a signiﬁcant proportion of the employee's time to be spent underground) shall cease to have eﬀect. 6 In Schedule 2— a the provisions of the instruments listed in Part I (which require diﬀerent treatment of diﬀerent categories of employees) shall cease to have eﬀect; and b the provisions of the instruments mentioned in Part II shall have eﬀect subject to the amendments there speciﬁed (which assimilate the treatment of diﬀerent categories of employees). Removal of restrictions relating to employment of young persons 12 1 The following enactments, namely— a the enactments listed in Part I of Schedule 3 (which impose prohibitions or requirements with respect to the hours of employment and holidays of young persons and with respect to related matters); and b the enactments listed in Part II of that Schedule (which impose other prohibitions or requirements for, or in connection with, regulating the employment of young persons), shall cease to have eﬀect. 2 The enactments mentioned in Part III of Schedule 3 shall have eﬀect subject to the amendments there speciﬁed (which include amendments by virtue of which certain occupations, instead of being restricted to persons who are 16 or older, are restricted to persons over school‐leaving age). 3 If the Department considers it appropriate to do so, it may by order— a repeal or amend any statutory provision in consequence of paragraph (1) or (2); b repeal any statutory provision relating to the employment of persons, or any class of persons, who have not attained the age of 18 or (as the case may be) some speciﬁed lower age of not less than 16; c amend any statutory provision falling within sub‐paragraph (b) and framed by reference to a speciﬁed age expressed as a number of years so that it is instead framed by reference to school‐leaving age; d repeal any statutory provision appearing to the Department to be unnecessary in view of any other such provision, being a provision relating to the employment of persons under school‐leaving age. 4 Nothing in any order under paragraph (3) (apart from a repeal eﬀected by virtue of sub‐paragraph (d) of that paragraph) shall aﬀect any statutory provision relating to the employment of persons under school‐leaving age. 5 Any reference in paragraph (3)(d) or (4) to a statutory provision relating to the employment of persons under school‐leaving age shall be construed, in relation to a statutory provision which relates to both— a the employment of such persons; and b the employment of persons over that age, as a reference to so much of that provision as relates to the employment of persons under that age. 6 In this Article— “school‐leaving age” means the upper limit of compulsory school age for the purposes of the Education and Libraries (Northern Ireland) Order 1986 ; and “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 . Exemption of Sikhs from requirements as to wearing of safety helmets at workplaces 13 1 Any requirement to wear a safety helmet which (apart from this Article) would, by virtue of any statutory provision or rule of law, be imposed on a Sikh who is at a workplace shall not apply to him at any time when he is wearing a turban. 2 Accordingly, where— a a Sikh who is at a workplace is for the time being wearing a turban; and b (apart from this Article) any associated requirement would, by virtue of any statutory provision or rule of law, be imposed— i on the Sikh; or ii on any other person, in connection with the wearing by the Sikh of a safety helmet, that requirement shall not apply to the Sikh or (as the case may be) to that other person. 3 In paragraph (2) “associated requirement” means any requirement (other than one falling within paragraph (1)) which is related to or connected with the wearing, provision or maintenance of safety helmets. 4 It is hereby declared that, where a person does not comply with any requirement, being a requirement which for the time being does not apply to him by virtue of paragraph (1) or (2), he shall not be liable in tort to any person in respect of any injury, loss or damage caused by his failure to comply with that requirement. 5 If a Sikh who is at a workplace — a does not comply with any requirement to wear a safety helmet, being a requirement which for the time being does not apply to him by virtue of paragraph (1); and b in consequence of any act or omission of some other person sustains any injury, loss or damage which is to any extent attributable to the fact that he is not wearing a safety helmet in compliance with the requirement, that other person shall, if liable to the Sikh in tort, be so liable only to the extent that injury, loss or damage would have been sustained by the Sikh even if he had been wearing a safety helmet in compliance with the requirement. 6 Where— a the act or omission referred to in paragraph (5) causes the death of the Sikh; and b the Sikh would have sustained some injury (other than loss of life) in consequence of the act or omission even if he had been wearing a safety helmet in compliance with the requirement in question, the amount of any damages which, by virtue of that paragraph, are recoverable in tort in respect of that injury shall not exceed the amount of any damages which would (apart from that paragraph) be so recoverable in respect of the Sikh's death. 6A This Article does not apply to a Sikh who— a works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and b is at the workplace— i to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or ii to receive training in how to provide such a response in circumstances of that kind. 6B This Article also does not apply to a Sikh who— a is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and b is at the workplace— i to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or ii to receive training in how to take part in such an operation in circumstances of that kind. 7 In this Article— ... ... “ Her Majesty's forces ” has the same meaning as in the Armed Forces Act 2006; “injury” includes loss of life, any impairment of a person's physical or mental condition and any disease; “safety helmet” means any form of protective headgear; “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 . “ workplace ” means any premises where work is being undertaken, including premises occupied or normally occupied as a private dwelling; and “ premises ” includes any place and, in particular, includes— any vehicle, vessel, aircraft or hovercraft, any installation (including a floating installation or one resting on the seabed or its subsoil or on other land covered with water or its subsoil), and any tent or moveable structure. 8 In this Article— a any reference to a Sikh is a reference to a follower of the Sikh religion; and b any reference to a Sikh being at a workplace is a reference to his being there whether while at work or otherwise. Protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets. 13A 1 Where— a any person applies to a Sikh any provision, criterion or practice relating to the wearing by him of a safety helmet while he is at a workplace ; and b at the time when he so applies the provision, criterion or practice that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when at such a workplace , then, for the purpose of determining whether the application of the provision, criterion or practice to the Sikh constitutes an act of discrimination falling within Article 3(1)(b) or Article 3(1A) of the Race Relations (Northern Ireland) Order 1997 (indirect racial discrimination), the provision, criterion or practice shall be taken to be one which cannot be shown to be justifiable as mentioned in Article 3(1)(b)(ii) , or to be a proportionate means of achieving a legitimate aim as mentioned in Article 3(1A)(c) of, of that Order. 2 Any special treatment afforded to a Sikh in consequence of Article 13(1) or (2) shall not be regarded for the purposes of the Race Relations (Northern Ireland) Order 1997 as giving rise, in relation to any other person, to any discrimination falling within Article 3 of that Order. 3 Paragraphs (6A) to (8) of Article 13 shall apply for the purposes of this Article as they apply for the purposes of that Article. Arts. 14—17 rep. by 1996 NI 16 Orders 18 1 The Department shall consult the Equal Opportunities Commission for Northern Ireland before making— a an order under Article 4 which makes any amendment or repeal of any provision of an enactment; or b an order under Article 8. 2 An order of one of the following descriptions, namely— a such an order under Article 4 as is mentioned in paragraph (1)(a); or b an order under Article 8(1)(a) which preserves the eﬀect of any provision of an enactment, shall not be made unless a draft of it has been laid before and approved by a resolution of the Assembly. 3 Any order under this Order other than— a an order under Article 1(3); or b an order to which paragraph (2) applies, shall be subject to negative resolution. 4 An order under this Order may contain such consequential or transitional provisions or savings as appear to the Department to be necessary or expedient. Minor and consequential amendments, repeals, etc. 19 Para. (1)—Amendments Para. (2)—Repeals Para. (3)—Instruments revoked 4 The transitional provisions and savings contained in Schedule 7 shall have eﬀect.