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PART IV |
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OTHER UNLAWFUL ACTS |
| Discriminatory advertisements. |
17. - (1) It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do an act of discrimination, whether the doing of that act by him would be lawful or, by virtue of Part II or III, unlawful.
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(2) Subsection (1) does not apply to an advertisement if the intended act would be lawful by virtue of any other section of this Act.
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(3) The publisher of an advertisement made unlawful by subsection (1) shall not be subject to any liability under that subsection in respect of the publication of the advertisement if he proves-
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(a) that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and |
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(b) that it was reasonable for him to rely on the statement. |
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(4) A person who knowingly or recklessly makes a statement such as is referred to in subsection (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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| Instructions to discriminate. |
18. It is unlawful for a person-
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(a) who has authority over another person; or |
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(b) in accordance with whose wishes that other person is accustomed to act, |
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to instruct him to do any act which is unlawful by virtue of Part II or III, or procure or attempt to procure the doing by him of any such act.
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| Pressure to discriminate. |
19. - (1) It is unlawful to induce, or attempt to induce a person to do any act which contravenes Part II or III.
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(2) An attempted inducement is not prevented from falling within subsection (1) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.
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| Liability of employers and principals. |
20. - (1) Anything done by a person in the course of his employment shall be treated for the purposes of this Act (except as regards offences thereunder) as done by his employer as well as by him, whether or not it was done with the employer's knowledge or approval.
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(2) Anything done by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of this Act (except as regards offences thereunder) as done by that other person as well as by him.
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(3) In proceedings brought under this Act against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his employment acts of that description.
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| Aiding unlawful acts. |
21. - (1) A person who knowingly aids another person to do an act made unlawful by this Act shall be treated for the purposes of the Act as himself doing an unlawful act of the like description.
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(2) For the purposes of subsection (1) an employee or agent for whose act the employer or principal is liable under section 20 (or would be so liable but for section 20(3)) shall be deemed to aid the doing of the act by the employer or principal.
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(3) A person does not under this section knowingly aid another to do an unlawful act if-
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(a) he acts in reliance on a statement made to him by another person that, by reason of any other provision of this act, the act which he aids would not be unlawful; and |
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(b) it is reasonable for him to rely on the statement. |
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(4) A person who knowingly or recklessly makes a statement such as is referred to in subsection (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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| Charities. |
22. - (1) Nothing in Part II or in this Part shall-
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(a) be construed as affecting a provision to which this subsection applies; or |
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(b) render unlawful an act which is done in order to give effect to such a provision. |
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(2) Subsection (1) applies to any provision which is contained in a charitable instrument (whenever that instrument took or takes effect) and which provides for conferring benefits on persons of a class defined by reference to religious belief.
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(3) In this section "charitable instrument" means an enactment or other instrument passed or made for charitable purposes, or an enactment or other instrument so far as it relates to charitable purposes, and in Scotland includes the governing instrument of an endowment as defined in section 135(1) of the Education (Scotland) Act 1962.
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(4) In the application of this section to England and Wales, "charitable purposes" means purposes which are exclusively charitable according to the law of England and Wales.
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