Equal Status (Amendment) Act 2012

Equal Status (Amendment) Act 2012 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2012 Equal Status (Amendment) Act 2012 Equal Status (Amendment) Act 2012 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 41 of 2012 EQUAL STATUS (AMENDMENT) ACT 2012 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Amendment of section 5 of Principal Act. 3. Amendment of section 14 of Principal Act. 4. Amendment of section 24 of Principal Act. 5. Amendment of section 41 of Principal Act. 6. Short title, collective citation and construction. Acts Referred to Central Bank Act 1942 1942, No. 22 Central Bank Reform Act 2010 2010, No. 23 Civil Law (Miscellaneous Provisions) Act 2008 2008, No. 14 Equal Status Act 2000 2000, No. 8 Equality Act 2004 2004, No. 24 Number 41 of 2012 EQUAL STATUS (AMENDMENT) ACT 2012 AN ACT TO AMEND THE EQUAL STATUS ACT 2000; AND TO PROVIDE FOR RELATED MATTERS. [20th December, 2012] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.— In this Act— “Act of 2004” means the Equality Act 2004 ; “Principal Act” means the Equal Status Act 2000 . Amendment of section 5 of Principal Act. 2.— Section 5 (as amended by section 76 of the Civil Law (Miscellaneous Provisions) Act 2008 ) of the Principal Act is amended— (a) in subsection (2)— (i) by the substitution of “Subject to subsections (4) and (4A), subsection (1) shall not apply in respect of—” for “Subject to subsection (4), subsection (1) does not apply in respect of—”, and (ii) by the substitution of the following paragraph for paragraph (da): “(da) differences in the treatment of persons on the gender ground, or in any other circumstances to which the Gender Goods and Services Directive is relevant, related to the assessment of risk in respect of classes of insurance to which this paragraph applies pursuant to subsection (3) where the treatment— (i) is effected by reference to— (I) actuarial or statistical data obtained from a source on which it is reasonable to rely, or (II) other relevant underwriting or commercial factors, (ii) is reasonable having regard to the data or other relevant factors, and (iii) is effected, in the case of a class of insurance specified in paragraph (a) or (b) of subsection (3), pursuant to a contract which is concluded before21 December 2012,”, (b) by the insertion of the following subsection after subsection (4): “(4A) (a) With effect on and after 21 December 2012, nothing in subsection (2) shall be construed to permit differences in the treatment of persons on the gender ground, or in any other circumstances to which the Gender Goods and Services Directive is relevant, related to the assessment of risk in respect of contracts of insurance of the classes of insurance specified in paragraph (a) or (b) of subsection (3) where such contracts are concluded on or after that date. (b) For the avoidance of doubt, nothing in paragraph (a) shall be construed as applying to a contract of a class of insurance specified in subsection (3)(a) where the contract concerned is concluded before 21 December 2012 and expires before 21 December 2013, irrespective of whether any adjustment to the insurance cover provided under that contract or any related adjustment to premium is made to the contract concerned during its term and, accordingly, subsection (2)(da) shall continue to apply to that contract during its term.”, and (c) by the insertion of the following subsections after subsection (5): “(6) The obligations imposed on the Central Bank of Ireland (within the meaning of the Central Bank Act 1942 (as amended by the Central Bank Reform Act 2010 )) by virtue of subsection (5), in so far as those obligations relate to the compilation of data referred to in that subsection, shall cease to have effect on and after 21 December 2012. (7) Nothing in subsection (6) shall be construed to affect the obligations imposed on the Central Bank of Ireland by virtue of subsection (5), to continue to maintain and publish data referred to in that subsection compiled before 21 December 2012.”. Amendment of section 14 of Principal Act. 3.— Section 14 (as amended by section 52 of the Act of 2004) of the Principal Act is amended, in subsection (1)— (a) in paragraph (aa)(ii), by the substitution of “where the action arises from an action referred to in subparagraph (i),” for “where the action arises from an action referred to in subparagraph (i), or”, (b) in paragraph (b)(ii), by the substitution of “who do not have those special needs, or” for “who do not have those special needs.”, and (c) by the insertion of the following paragraph after paragraph (b): “(c) the use of gender status or the collection,storage or use of gender-related information by insurance providers that is bona fide intended for any or all of the following purposes: (i) reserving and internal pricing; (ii) reinsurance pricing; (iii) marketing and advertising; (iv) life and health underwriting.”. Amendment of section 24 of Principal Act. 4.— Section 24 (as amended by section 58 of the Act of 2004) of the Principal Act is amended, in subsection (6)(b), by the substitution of “42 days” for “28 days”. Amendment of section 41 of Principal Act. 5.— Section 41 of the Principal Act is amended by the deletion of subsection (2A) (inserted by section 76 of the Act of 2004). Short title, collective citation and construction. 6.— (1) This Act may be cited as the Equal Status (Amendment) Act 2012. (2) The Equal Status Acts 2000 to 2011 and this Act may be cited together as the Equal Status Acts 2000 to 2012 and shall be construed together as one. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. 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