Irish Human Rights and Equality Commission Act 2014

29.

Definitions for purposes of this Part

29. In this Part—

“equality clause” has the meaning it has in the Act of 1998;

“equality action plan” means a programme of actions that is prepared by an undertaking or, as the case may be, by the Commission, to be implemented in the undertaking to further the promotion of equality of opportunity therein;

“equality and human rights compliance notice” means a notice under section 36 (or where such notice is appealed, the notice as confirmed (with or without amendment) by the Labour Court or the District Court, or the Circuit Court as may be appropriate);

“equal remuneration term” has the meaning it has in the Act of 1998;

“equality review” means—

(a) an audit of the level of equality of opportunity which exists in a particular undertaking, group of undertakings or the undertakings making up a particular industry or sector thereof, and

(b) an examination of the practices of, procedures in, and other relevant factors (including the working environment) material to that undertaking or those undertakings to determine whether those practices, procedures or other relevant factors are conducive to the promotion of equality of opportunity in that undertaking;

“group of undertakings” includes a group of undertakings so defined by reference to any number of relevant factors including geographical location or control;

“human rights” means—

(a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution,

(b) the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party and which has been given the force of law in the State or by a provision of any such agreement, treaty or convention which has been given such force, and

(c) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Convention provisions within the meaning of the European Convention on Human Rights Act 2003;

“substantive notice” means a notice under section 33(1) or (2) (or where such notice is appealed, the notice as confirmed (with or without amendment) by the Labour Court or the District Court, or the Circuit Court, as may be appropriate);

“undertaking” includes—

(a) an activity giving rise to employment, whether or not in the industrial or commercial sector and whether or not with a view to profit, and

(b) subject to subparagraph (ii), the provision of services by the provider of a service within the meaning of section 4(6) of the Act of 2000 and accordingly this Part shall apply in relation to the provision of such services with the modifications that—

(i) the reference in paragraph (a) of the definition of “equality review” to a particular undertaking shall include a reference to the provision of particular services, and

(ii) the references in section 32(2) to an undertaking shall include a reference to a provider of a service (within the meaning of the said section 4(6) other than paragraph (f) thereof),

and any other necessary modifications.