|
| |
|
| |
| |
(1) | It is unlawful knowingly to help another person (whether or not as his |
| |
employee or agent) to do anything which is unlawful under this Part. |
| |
(2) | A person commits an offence if he knowingly or recklessly makes a false |
| 5 |
statement, in connection with assistance sought from another, that a proposed |
| |
act is not unlawful under this Part. |
| |
(3) | A person guilty of an offence under subsection (2) shall be liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
74 | Employers’ and principals’ liability |
| 10 |
(1) | Anything done by a person in the course of his employment shall be treated for |
| |
the purposes of this Part as done by the employer as well as by the person. |
| |
(2) | Anything done by a person as agent for another shall be treated for the |
| |
purposes of this Part as done by the principal as well as by the agent. |
| |
(3) | It is immaterial for the purposes of this section whether an employer or |
| 15 |
principal knows about or approves of an act. |
| |
(4) | In proceedings under this Part against a person in respect of an act alleged to |
| |
have been done by his employee it shall be a defence for the employer to |
| |
provide that he took such steps as were reasonably practicable to prevent the |
| |
| 20 |
(a) | from doing the act, or |
| |
(b) | from doing acts of that kind in the course of his employment. |
| |
(5) | Subsections (1) and (2) shall not apply to the commission of an offence under |
| |
| |
| 25 |
(1) | This section applies to— |
| |
(a) | a constable who is a member of a police force maintained under the |
| |
Police Act 1996 (c. 16) or the Police (Scotland) Act 1967 (c. 77), |
| |
(b) | a special constable appointed for a police area in accordance with either |
| |
| 30 |
(c) | a person appointed as a police cadet in accordance with either of those |
| |
| |
(2) | A person to whom this section applies shall be treated for the purposes of this |
| |
Part as the employee of his chief officer of police; and anything done by the |
| |
person in the performance or purported performance of his functions shall be |
| 35 |
treated as done in the course of that employment. |
| |
(3) | There shall be paid out of the police fund— |
| |
(a) | compensation, costs or expenses awarded against a chief officer of |
| |
police in proceedings brought against him under this Part; |
| |
(b) | costs or expenses incurred by a chief officer of police in proceedings |
| 40 |
brought against him under this Part so far as not recovered in the |
| |
| |
|
| |
|
| |
|
(c) | sums required by a chief officer of police for the settlement of a claim |
| |
made against him under this Part if the settlement is approved by the |
| |
| |
(4) | A police authority may pay out of the police fund— |
| |
(a) | damages or costs awarded in proceedings under this Part against a |
| 5 |
person under the direction and control of the chief officer of police; |
| |
(b) | costs incurred and not recovered by such a person in such proceedings; |
| |
(c) | sums required in connection with the settlement of a claim that has or |
| |
might have given rise to such proceedings. |
| |
76 | Indirect provision of benefit, &c. |
| 10 |
A reference in this Part to providing a service, facility or benefit of any kind |
| |
includes a reference to facilitating access to the service, facility or benefit. |
| |
77 | Employment Equality Regulations |
| |
For regulation 2(1) of the Employment Equality (Religion or Belief) |
| |
Regulations 2003 (S.I. 2003/1660) (definition of “religion or belief”) |
| 15 |
| |
“(1) | In these Regulations— |
| |
(a) | “religion” means any religion, |
| |
(b) | “belief” means any religious or philosophical belief, |
| |
(c) | a reference to religion includes a reference to lack of religion, |
| 20 |
| |
(d) | a reference to belief includes a reference to lack of belief.” |
| |
| |
(1) | Section 54 binds the Crown. |
| |
(2) | The remainder of this Part applies to an act done on behalf of the Crown as it |
| 25 |
applies to an act done by a private person. |
| |
(3) | For the purposes of subsection (2) an act is done on behalf of the Crown if (and |
| |
| |
(a) | by or on behalf of a Minister of the Crown, |
| |
(b) | by or on behalf of the Scottish Ministers, |
| 30 |
(c) | by a government department, |
| |
(d) | by a body established by an enactment (including an enactment in or |
| |
under an Act of the Scottish Parliament) acting on behalf of the Crown, |
| |
(e) | by or on behalf of the holder of an office established by an enactment |
| |
(including an enactment in or under an Act of the Scottish Parliament) |
| 35 |
acting on behalf of the Crown, or |
| |
(f) | by or on behalf of an office-holder in the Scottish Administration |
| |
(within the meaning of section 126(7) of the Scotland Act 1998 (c. 46)). |
| |
| |
(1) | In this Part “charity”— |
| 40 |
|
| |
|
| |
|
(a) | in relation to England and Wales, has the meaning given by the |
| |
| |
(b) | in relation to Scotland, means a recognised body within the meaning |
| |
given by section 1(7) of the Law Reform (Miscellaneous Provisions) |
| |
(Scotland) Act 1990 (c. 40). |
| 5 |
| |
(a) | a reference to action includes a reference to deliberate omission, and |
| |
(b) | a reference to refusal includes a reference to deliberate omission. |
| |
80 | Territorial application |
| |
(1) | This Part applies in relation to anything done in Great Britain. |
| 10 |
(2) | This Part also applies to the provision of— |
| |
(a) | facilities for travel on a British ship, a British hovercraft or a British |
| |
| |
(b) | benefits, facilities or services provided on a British ship, a British |
| |
hovercraft or a British aircraft. |
| 15 |
(3) | Section 54, in so far as it relates to granting entry clearance (within the meaning |
| |
of the Immigration Acts), applies to anything done whether inside or outside |
| |
| |
| |
“British aircraft” means an aircraft registered in Great Britain, |
| 20 |
“British hovercraft” means a hovercraft registered in Great Britain, and |
| |
“British ship” means a ship which is— |
| |
(a) | registered in Great Britain, or |
| |
(b) | owned by or used for purposes of the Crown. |
| |
(5) | This section shall not make it unlawful to do anything in or over a country |
| 25 |
other than the United Kingdom, or in or over the territorial waters of a country |
| |
other than the United Kingdom, for the purpose of complying with a law of the |
| |
| |
| |
Public Functions: Sex Discrimination |
| 30 |
81 | Prohibition of discrimination |
| |
(1) | In the Sex Discrimination Act 1975 (c. 65) the following shall be inserted at the |
| |
beginning of Part III (discrimination in non-employment fields)— |
| |
| |
(1) | It is unlawful for a public authority exercising a function to do any act |
| 35 |
which constitutes discrimination. |
| |
| |
(a) | “public authority” includes any person who has functions of a |
| |
public nature (subject to subsections (3) and (4)), and |
| |
(b) | “function” means function of a public nature. |
| 40 |
(3) | The prohibition in subsection (1) shall not apply to— |
| |
|
| |
|
| |
|
(a) | the House of Commons, |
| |
| |
(c) | the Security Service, |
| |
(d) | the Secret Intelligence Service, |
| |
(e) | the Government Communications Headquarters, or |
| 5 |
(f) | a part of the armed forces of the Crown which is, in accordance |
| |
with a requirement of the Secretary of State, assisting the |
| |
Government Communications Headquarters. |
| |
(4) | The prohibition in subsection (1) shall not apply to the functions and |
| |
actions listed in the Table of Exceptions in subsection (9). |
| 10 |
(5) | The Secretary of State may by order amend the Table of Exceptions. |
| |
(6) | In an action under section 66 in respect of a contravention of this |
| |
| |
(a) | the court shall not grant an injunction or interdict unless |
| |
satisfied that it will not prejudice criminal proceedings or a |
| 15 |
criminal investigation, and |
| |
(b) | the court shall grant any application to stay or sist the section 66 |
| |
proceedings on the grounds of prejudice to criminal |
| |
proceedings or to a criminal investigation, unless satisfied that |
| |
the proceedings or investigation will not be prejudiced. |
| 20 |
(7) | Section 74(2)(b) shall not apply in relation to a respondent’s reply, or a |
| |
failure to reply, to a question in connection with an alleged |
| |
contravention of this section— |
| |
(a) | if the respondent reasonably asserts that to have replied |
| |
differently or at all might have prejudiced criminal proceedings |
| 25 |
or a criminal investigation, |
| |
(b) | if the respondent reasonably asserts that to have replied |
| |
differently or at all would have revealed the reason for not |
| |
instituting or not continuing criminal proceedings, |
| |
(c) | where the reply is of a kind specified for the purposes of this |
| 30 |
paragraph by order of the Secretary of State, |
| |
(d) | where the reply is given in circumstances specified for the |
| |
purposes of this paragraph by order of the Secretary of State, or |
| |
(e) | where the failure occurs in circumstances specified for the |
| |
purposes of this paragraph by order of the Secretary of State. |
| 35 |
(8) | In this section “criminal investigation” means— |
| |
(a) | an investigation into the commission of an alleged offence, and |
| |
(b) | a decision whether to institute criminal proceedings. |
| |
(9) | The following is the Table of Exceptions referred to in subsection (4). |
| |
| | | | 40 | | | Preparing, making, or considering— |
| | | | | (a) | an Act of Parliament, |
| | | | | (b) | a Bill for an Act of Parliament, |
| | | | | (c) | an Act of the Scottish Parliament, or |
| | | | | (d) | a Bill for an Act of the Scottish Parliament. |
| | 45 |
|
|
| |
|
| |
|
| | The provision of separate services for each sex in different ways or to |
| | | | | | | | | | (a) | if the service were provided for both sexes jointly it would or |
| | | | | might be less effective, and |
| | | | | (b) | the extent to which the service is required by one sex makes it |
| | 5 | | | not reasonably practicable to provide the service for that sex in |
| | | | | the same way or to the same extent as for the other sex. |
| | | | | Action taken for the purpose of assisting one sex to overcome— |
| | | | | (a) | a disadvantage (as compared with the other sex), or |
| | | | | (b) | the effects of discrimination. |
| | 10 | | | | | | | | The exercise of a function of the Charity Commissioners for England |
| | | | | and Wales in relation to an instrument in relation to which section 43 |
| | | | | | | | | | Action which is unlawful by virtue of another provision of this Act. |
| | 15 | | | Action which would be unlawful by virtue of another provision of this |
| | | | | Act but for an express exception.” |
| | |
|
|
(2) | In section 17(5) of the Sex Discrimination Act 1975 (c. 65) (police) for “by virtue |
| |
of subsection (1)” substitute “by virtue of subsection (1) or (1A)”. |
| |
(3) | In section 81 of that Act (orders)— |
| 20 |
(a) | in subsection (2) after “sections” insert “21A,”, and |
| |
(b) | after subsection (2) insert— |
| |
“(2A) | An order under section 21A(5) may not be made unless— |
| |
(a) | the Secretary of State has consulted the Commission, |
| |
| 25 |
(b) | a draft has been laid before and approved by resolution |
| |
of each House of Parliament.” |
| |
(4) | In section 85 of that Act (Crown application) after subsection (3) insert— |
| |
“(3A) | Section 21A binds the Crown.” |
| |
82 | General duty to promote equality, &c. |
| 30 |
(1) | In the Sex Discrimination Act 1975 the following shall be inserted at the |
| |
beginning of Part VIII (supplemental)— |
| |
“76A | Public authorities: general statutory duty |
| |
(1) | A public authority shall in carrying out its functions have due regard to |
| |
| 35 |
(a) | to eliminate unlawful discrimination, and |
| |
(b) | to promote equality of opportunity between men and women. |
| |
| |
(a) | “public authority” includes any person who has functions of a |
| |
public nature (subject to subsections (3) and (4)), |
| 40 |
(b) | “functions” means functions of a public nature, and |
| |
|
| |
|
| |
|
(c) | the reference to unlawful discrimination shall be treated as |
| |
including a reference to contravention of terms of contracts |
| |
having effect in accordance with an equality clause within the |
| |
meaning of section 1 of the Equal Pay Act 1970 (c. 41). |
| |
(3) | The duty in subsection (1) shall not apply to— |
| 5 |
(a) | the House of Commons, |
| |
| |
(c) | the Scottish Parliament, |
| |
(d) | the General Synod of the Church of England, |
| |
(e) | the Security Service, |
| 10 |
(f) | the Secret Intelligence Service, |
| |
(g) | the Government Communications Headquarters, |
| |
(h) | a part of the armed forces of the Crown which is, in accordance |
| |
with a requirement of the Secretary of State, assisting the |
| |
Government Communications Headquarters, or |
| 15 |
(i) | a person specified for the purpose of this paragraph by order of |
| |
the Secretary of State (and a person may be specified generally |
| |
or only in respect of specified functions). |
| |
(4) | The duty in subsection (1) shall not apply to the exercise of— |
| |
(a) | a function in connection with proceedings in the House of |
| 20 |
Commons or the House of Lords, |
| |
(b) | a function in connection with proceedings in the Scottish |
| |
Parliament (other than a function of the Scottish Parliamentary |
| |
| |
(c) | a judicial function (whether in connection with a court or a |
| 25 |
| |
(d) | a function exercised on behalf of or on the instructions of a |
| |
person exercising a judicial function (whether in connection |
| |
with a court or a tribunal), or |
| |
(e) | a function specified for the purpose of this paragraph by order |
| 30 |
of the Secretary of State. |
| |
(5) | Subsection (1)(b) is without prejudice to the effect of any exception to |
| |
or limitation of the law about sex discrimination. |
| |
(6) | A failure in respect of performance of the duty under subsection (1) |
| |
does not confer a cause of action at private law.” |
| 35 |
(2) | In section 81 of the Sex Discrimination Act 1975 (c. 65) (orders) after subsection |
| |
(2A) (inserted by section 81 above) insert— |
| |
“(2B) | An order under section 76A(3)(i) or (4)(e) may not be made unless the |
| |
Secretary of State has consulted the Commission.” |
| |
(3) | In section 85 of that Act (Crown application) after subsection (3A) (inserted by |
| 40 |
section 81 above) insert— |
| |
“(3B) | Section 76A binds the Crown.” |
| |
| |
(1) | In the Sex Discrimination Act 1975 the following shall be inserted after section |
| |
|
| |
|