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40.—(1) Nothing in Parts II to IV shall render unlawful any act of discrimination done—
(a)in pursuance of any statutory provision; or
(b)in order to comply with any condition or requirement imposed by a Minister of the Crown or government department by virtue of any statutory provision.
(2) Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other’s nationality or place of ordinary residence or the length of time for which he has been present or resident in or outside the United Kingdom or an area within the United Kingdom, if that act is done—
(a)in pursuance of any arrangement made by or with the approval of, or for the time being approved by, a Minister of the Crown or government department; or
(b)in order to comply with any condition imposed by a Minister of the Crown or government department.
(3) This Article applies whether the statutory provision, condition, requirement or arrangement in question was passed, made or imposed (as the case may be) before or after the making of this Order.
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