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Equality Act 2004 (No. 24)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-2)1. Short title, collective citations and construction.2. Interpretation.Part 2 Amendments to Employment Equality Act 1998 (ss. 3-46)3. Amendment of section 2.4. Amendment of section 6.5. Amendment of section 10.6. Amendment of section 12.7. New section 13A.8. New section 14A.9. Amendment of section 16.10. Amendment of section 17.11. Amendment of section 18.12. Amendment of section 19.13. Amendment of section 22.14. Repeal of section 23.15. Amendment of section 24.16. Substitution of section 25.17. Amendment of section 26.18. Amendment of section 27.19. Amendment of section 29.20. Amendment of section 31.21. Repeal of section 32.22. Substitution of section 33.23. Amendment of section 34.24. Amendment of section 35.25. Amendment of section 37.26. Amendment of section 44.27. Amendment of section 51.28. Amendment of section 67.29. Amendment of section 74.30. Amendment of section 75.31. Amendment of section 76.32. Amendment of section 77.33. New section 77A.34. Amendment of section 78.35. Amendment of section 79.36. Amendment of section 82.37. Amendment of section 85.38. New section 85A.39. Amendment of section 91.40. Amendment of section 98.41. New section 99A.42. Amendment of section 101.43. New section 101A.44. Amendment of section 102.45. Amendment of section 105.46. Cesser of Labour Court jurisdiction to deal with claims for redress.Part 3 Amendments to Equal Status Act 2000 (ss. 47-65)47. Amendment of section 2.48. Amendment of section 3.49. Amendment of section 6.50. Amendment of section 7.51. Amendment of section 11.52. Amendment of section 14.53. Amendment of section 20.54. Amendment of section 21.55. New section 21A.56. Substitution of section 22.57. Amendment of section 23.58. Amendment of section 24.59. Amendment of section 25.60. New section 25A.61. Amendment of section 27.62. Amendment of section 31.63. New section 37A.64. New section 38A.65. Amendment of section 41.Part 4 Amendment of Pensions Act 1990 (s. 66)66. Amendment of Pensions Act 1990.Schedule - Amendments of Act of 1998 Referred to in Section 46
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Version status: In force | Document consolidation status: No known changes
Version date: 18 July 2004 - onwards

64. New section 38A.

The Act of 2000 is amended by inserting the following section after section 38, but in Part III:

"38A. Burden of proof.

(1) Where in any proceedings facts are established by or on behalf of a person from which it may be presumed that prohibited conduct has occurred in relation to him or her, it is for the respondent to prove the contrary.

(2) This section is without prejudice to any other enactment or rule of law in relation to the burden of proof in any proceedings which may be more favourable to the person.

(3) Where, in any proceedings arising from a reference of a matter by the Authority to the Director under section 23(1), facts are established by or on behalf of the Authority from which it may be presumed that prohibited conduct or a contravention mentioned in that provision has occurred, it is for the respondent to prove the contrary.".

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