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PART VII |
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SUPPLEMENTAL |
| Application to Crown etc. |
30. - (1) This Act applies-
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(a) to an act done by or for purposes of a Minister of the Crown or government department; or |
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(b) to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office, |
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as it applies to an act done by a private person.
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(2) Parts II and IV apply to-
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(a) service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office; or |
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(b) service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body; or |
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(c) service in the armed forces |
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as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service.
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(3) Nothing in this Act shall-
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(a) invalidate any rules (whether made before or after the passing of this Act) restricting employment in the service of the Crown or by any public body prescribed for the purposes of this subsection by regulations made by the Minister for the Civil Service to persons of particular birth, nationality, descent or residence; or |
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(b) render unlawful the publication, display or implementation of any such rules, or the publication of advertisements stating the gist of any such rules. |
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(4) in this section "employment" includes service of any kind, and "public body" means a body or persons, whether corporate or unincorporate, carrying on a service or undertaking of a public nature.
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(5) The provisions of Parts II to IV of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, except that in their application to proceedings under this Act section 20 of that Act (removal of proceedings from county court to High Court) shall not apply.
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(6) The provisions of Part V of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of the said Part are treated as civil proceedings by or against the Crown, except that in their application to proceedings under this Act the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) shall not apply.
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| Application to House of Commons staff. |
31. - (1) Parts II to IV apply to an act done by a relevant member of the House of Commons staff as they apply to an act done by and to service for the purposes of a Minister of the Crown or government department.
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(2) In this section "relevant member of the House of Commons staff" has the same meaning as in section 195 of the Employment Rights Act 1996 and subsections (6) to (12) of that section apply, with any necessary modifications, for the purposes of Parts II to IV as they apply by virtue of this section.
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| Application to House of Lords staff. |
32. - (1) Parts II to IV apply to an act done by a relevant member of the House of Lords staff as they apply in relation to other employment.
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(2) In this section "relevant member of the House of Lords staff" has the same meaning as in section 194 of the Employment Rights Act 1996 and subsection (7) of that section applies for the purposes of this section.
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| Government appointments outside s. 4. |
33. - (1) This section applies to any appointment by a Minister of the Crown or government department to an office or post where section 4 does not apply in relation to the appointment.
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(2) In making the appointment, and in making the arrangements for determining who should be offered the office or post, the Minister of the Crown or government department shall not do an act which would be unlawful under section 4 if the Crown were the employer for the purposes of this Act.
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| Short title and extent. |
34. - (1) This Act may be cited as the Religious Discrimination and Remedies Act 1998.
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(2) This Act does not extend to Northern Ireland.
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