Equality Act 2004

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Amendment of section 14.

52.—Section 14 (certain measures or activities not prohibited) of the Act of 2000 is amended—

(a) by inserting the following paragraph after “State,” in paragraph (a):

“(aa) on the basis of nationality—

(i) any action taken by a public authority in relation to a non-national—

(I) who, when the action was taken, was either outside the State or, for the purposes of the Immigration Act 2004 , unlawfully present in it, or

(II) in accordance with any provision or condition made by or under any enactment and arising from his or her entry to or residence in the State,

or

(ii) any action taken by the Minister in relation to a non-national where the action arises from an action referred to in subparagraph (i),”,

and

(b) by adding the following subsections:

“(2) In subsection (1)(aa)—

‘non-national’ has the meaning given to it by the Immigration Act 1999 and includes a category of nonnationals;

‘public authority’ means—

 (a) a Minister of the Government,

 (b) an immigration officer appointed or deemed to have been appointed under section 3 of the Immigration Act 2004 ,

 (c) the Commissioners of Public Works in Ireland,

 (d) a local authority within the meaning of the Local Government Act 2001 ,

 (e) the Eastern Regional Health Authority,

 (f) an area health board within the meaning of the Health (Eastern Regional Health Authority) Act 1999 ,

 (g) a health board,

 (h) a harbour authority within the meaning of the Harbours Act 1946 ,

 (i) a board or other body (not being a company) established by or under statute,

 (j) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

 (k) a company in which all the shares are held by a board or other body referred to in paragraph (i), or by a company referred to in paragraph (j).

(3) Nothing in subsection (1)(aa) shall derogate from any of the obligations of the State under the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003 or any act adopted by an institution of those Communities.”.