Commentary on Sections Part 3: Discrimination on Grounds of Sexual Orientation Section 82: Northern Ireland Regulations
271.Section 82 provides a power under which the Office of the First Minister and deputy First Minister can make regulations that prohibit sexual orientation discrimination (including indirect discrimination, victimisation and harassment). The regulations may make provision similar to Part 3 of the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)), which means that the regulations may prohibit – either generally or in specified circumstances – discrimination in the provision of goods, facilities and services; the exercise of public functions; education and the disposal of premises.
272.Section 82 also makes clear that the regulations will be able to prohibit discriminatory advertisements and instructing or causing discrimination or harassment. It will also be possible to provide general or specific exceptions to the prohibition on sexual orientation discrimination in the areas covered by the regulations.
273.The regulations will be subject to the affirmative procedure in the Northern Ireland Assembly. They will set out the remedies available to those who consider that their rights have been breached and otherwise provide for enforcement. Regulations will be able to allow individuals to bring cases via the county courts in Northern Ireland. Judicial review could also be made available in appropriate cases. The regulations will also be able to create criminal offences corresponding to those in other enactments relating to discrimination or equality and with the same maximum penalties.