The Automated Vehicles (Marketing Restrictions) Regulations 2026

Published: Tue 7th Jul 26

This Order designates the Independent Commission for Reconciliation and Information Recovery and the Independent Reporting Commission as excluded public authorities for the purposes of section 75 of the Northern Ireland Act 1998.

By doing so, it removes the statutory obligation for these two bodies to comply with the duty to promote equality of opportunity and good relations between specified groups.

The Order applies to the administration of these commissions within the legal framework of Northern Ireland.

Arguments For

The Explanatory Note states that the Order specifies the Independent Commission for Reconciliation and Information Recovery (ICRIR) and the Independent Reporting Commission (IRC) as bodies to which the statutory equality duties in section 75 of the Northern Ireland Act 1998 do not apply.
The document frames this exclusion as a targeted measure focusing on specific intergovernmental or independent bodies established by international agreement or specific legislation.
Statutory instruments of this type are authorized under section 75(3)(d) of the Northern Ireland Act 1998, which allows the Secretary of State to designate specific public authorities as exempt from the requirement to have due regard to the need to promote equality of opportunity.

Arguments Against

Legal commentators have noted that excluding public bodies from section 75 duties may reduce the level of transparency and external scrutiny regarding how these organizations impact marginalized groups in Northern Ireland.
Human rights organizations have raised concerns that the ICRIR, which deals with sensitive legacy issues from the Troubles, should be subject to the highest standards of equality monitoring rather than being exempt.
Critics may argue that the use of secondary legislation to limit the scope of statutory equality duties narrows the protections originally intended by the Good Friday Agreement framework.

This Order may be cited as the Northern Ireland Act 1998 (Section 75—Exclusion of Specified Public Authorities) Order 2024 and comes into force on 1st October 2024.

This section establishes the official title of the legal instrument and sets the date of October 1, 2024, for its commencement.

It ensures the legal provisions are identifiable and provides a definitive timeline for when the exclusions take effect.

The following are specified for the purposes of section 75(3)(d) of the Northern Ireland Act 1998 (statutory duty on public authorities)— (a) the Independent Commission for Reconciliation and Information Recovery; (b) the Independent Reporting Commission.

This provision lists the Independent Commission for Reconciliation and Information Recovery and the Independent Reporting Commission as excluded authorities.

For these specific bodies, the legal requirement to promote equality of opportunity between various groups—such as those of different religious beliefs, political opinions, or racial groups—does not apply.

This designation relies on the Secretary of State's power to exempt certain authorities from the general statutory duty found in the 1998 Act.

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