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Legislation
Fair Employment (Northern Ireland) Act 1989 (repealed 1.3.1999)

Crossheading Undertakings or directions for promoting equality of opportunity

  • Section 12 Undertaking following investigation under section 11.
  • Section 13 Voluntary undertakings.
  • Section 14 Directions under sections 12 and 13.
  1. Undertakings or directions for promoting equality of opportunity
  2. Directions under sections 12 and 13.

Section 14 | Directions under sections 12 and 13.

From legislation.gov.uk

(1)The directions contained in a notice under section 12(3)(a) or (b)(i) or section 13(3)(a) of this Act shall be those which the Commission considers to be, in all the circumstances, reasonable and appropriate for promoting equality of opportunity, and the directions may in particular include—

(a)directions for the abandonment, or for the modification in accordance with any instructions given in the directions, of any practice or for the substitution or adoption of new practices specified by the Commission, and

(b)such directions as the Commission considers necessary to ensure that other directions are duly carried out,

but the terms of the directions contained in a notice under section 12(3)(b)(i) or 13(3)(a) shall be such as, in the opinion of the Commission, are not substantially more onerous than the terms of the undertaking which they supersede.

(2)A notice under section 12(3)(a) or (b)(i) or section 13(3)(a) of this Act shall inform the person on whom it is served of the right of appeal against the directions which is conferred by section 15 of this Act.

(3)The Commission, on the written application of the person on whom a notice under section 12(3)(a) or (b)(i) or section 13(3)(a) of this Act is served, may—

(a)revoke all of the directions, or

(b)modify the directions in accordance with the application—

(i)by revoking any of them, or

(ii)by substituting new directions for all or any of them,

and, in substitution for any directions which are revoked under paragraph (a) above, may accept from that person an undertaking such as is mentioned in section 12(2)(b) or 13(2) of this Act.

(4)The Commission shall serve notice of the revocation or modification on the person concerned.

(5)The directions—

(a)are binding on the person concerned (except to the extent that they are quashed, or other directions are substituted for them, by the Tribunal under section 15 of this Act), and

(b)are enforceable only in accordance with section 16 of this Act.

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