S. 77 extended (retrosp.) by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 6(1)
S. 77 excluded by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 6(4)
S. 77(4)(aa) inserted (30.8.1993) by 1993 c. 19, s. 39(2), Sch. 6 para. 1(a); S.I. 1993/1908, art. 2(1), Sch. 1
S. 77(4A)-(4C) inserted (30.8.1993) by 1993 c. 19, s. 39(2), Sch. 6 para. 1(b); S.I. 1993/1908, art. 2(1), Sch. 1
Words in s. 77(4A)(c) substituted (1.8.1998) by 1998 c. 8, s. 9(1)(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)
Words in s. 77(4A)(c) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)
Words in s. 77(4A)(d) substituted (1.8.1998) by 1998 c. 8, s. 10(1)(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)
S. 77(4B)(4BA)(4BB)(4BC)(4C) substituted for s. 77(4B)(4C) (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 2; S.I. 1998/1685, art. 2, Sch. 1 (with art. 3)
S. 77(4D) inserted (1.8.1998) by 1998 c. 8, s. 8(1); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)
S. 78: transfer of functions (1.7.1999) by 1999/672, art. 2, Sch. 1
In section 79 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 9(a) for any reference to Part VI of the Education (Scotland) Act 1962 there is substituted a reference to Part VI of the Education (Scotland) Act 1980
In section 79 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 9(a) for any reference to Part VI of the Education (Scotland) Act 1962 there is substituted a reference to Part VI of the Education (Scotland) Act 1980
S. 79(1)(b)(4): by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 9(b) for the references to sections 121(1) and 68 of the Education (Scotland) Act 1962 there are substituted respectively references to sections 108(1) and 67 of the Education (Scotland) Act 1980
By Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 9(b) for the references to sections 121(1) and 68 of the Education (Scotland) Act 1962 there are substituted respectively references to sections 108(1) and 67 of the Education (Scotland) Act 1980
S. 79(6) repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5
S. 80(1)(d) repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9, Sch. Pt. II
“14(2)(d),” repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II
“47(4)(b)” repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9, Sch. Pt. I
Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 10
S. 82(1) modified by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 3(1), Sch. 1 para. 4(1)
In s. 82(1) in the definitions of “education authority” and “educational establishment” by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 11 for the respective references to subsections (16) and (17) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980
In s. 82(1), in the definition of “further education” for the reference to subsection (21) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 11
In s. 82(1) in the definition of “independent school” for the reference to subsection (23) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 11
In s. 82(1), in the definitions of “managers”, “proprietor”, “school” and “school education” by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 11 for the respective references to subsections (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980
S. 82(1): definition of "board of management" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I. 2004/528, art. 2(b)
Definition in s. 82(1) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 4(5); S.I. 1992/817, art. 3(2), Sch. 1.
Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18
S. 82(1): words after definition of "designate" inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 33(2)
S. 82(1): definition of
“
inserted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(a)
In s. 82(1) in the definitions of “education authority” and “educational establishment” by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 11 for the respective references to subsections (16) and (17) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980
S. 82(1): definition of
“
inserted (27.7.2000) by S.I. 2000/ 2040, art. 2, Sch. Pt. I para. 8
S. 82(1): words in definition of
“
substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(b)
In s. 82(1), in the definition of “further education” for the reference to subsection (21) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 11
S. 82(1): definition of “gender reassingnment” inserted (1.5.1999) by S.I. 1999/1102, reg. 2(3)
S. 82(1): words in definition of “genuine occupational qualification” inserted (1.5.1999) by S.I. 1999/1102, reg. 4(6)
S. 82(1): words after definition of "Great Britain" inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 33(3)
S. 82(1): words in definition of
“
substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(c)
In s. 82(1) in the definition of “independent school” for the reference to subsection (23) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 11
Definition of “industrial tribunal” repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), Sch. 4
In s. 82(1), in the definitions of “managers”, “proprietor”, “school” and “school education” by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 11 for the respective references to subsections (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980
S. 82(1): words in definition of
“
substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(d)
S. 82(1): definition of
“
inserted (12.10.2001) by S.I. 2001/2660, reg. 8(4)
S. 82(1): words in definition of
“
substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(e)
S. 82(1): definition of "self-governing school" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I. 2004/528, art. 2(a)
S. 82(1): definition of "vocational training" inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 33(4)
S. 82(1): definition of
“
repealed (1.9.1997) by 1996 c. 56, s. 582(2)(3), Sch. 38 Pt. II (with Sch. 39); S.I. 1997/1623, art. 2(2)
S. 82(1A) inserted by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 2(3)
S. 82(1A) modified by S.I. 1989/901, art. 3, Sch.
S. 82(1A) modified (2.3.1998) by S.I. 1998/218, art. 3, Sch.
S. 82(1A) modified (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2))
S. 82(1A) modified (1.9.1999) by S.I. 1999/2256, art. 1(2)
S. 82(1A) modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch
S. 82(1A) modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.
S. 82(4) modified by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 3(1), Sch. 1 para. 4(1)
Words in s. 82(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261, 263, Sch. 27 para. 54; S.I. 2005/3175, art. 2(2)
Powers of appointment conferred by s. 83(2)(4) fully exercised
S. 85(2)(c) and words in s. 85(2)(b) inserted (1.10.1997) by 1996 c. 46, s. 21(2); S.I. 1997/2164, art. 2
S. 85(4) substituted (1.2.1995) by S.I. 1994/3276, reg. 2(a)
Words in s. 85(4) substituted (1.10.1997) by 1996 c. 46, s. 21(3); S.I. 1997/2164, art. 2
S. 85(5) omitted (1.10.2005) by virtue of The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 34
S. 85(6) repealed (1.2.1995) by S.I. 1994/3276, reg. 2(b)
Words in s. 85(8) repealed by The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 (S.I. 2005/2712), art. 3, Sch. 2 para. 1
Words in s. 85(9B)(9C)(9D) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)
S. 85(10) substituted (1.10.1997) by 1996 c. 46, s. 21(5); S.I. 1997/2164, art. 2
S. 85A inserted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 6
Words in s. 85A(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 6(2)(a)
Words in s. 85A(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 6(2)(b)
S. 85B inserted (30.11.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 9; S.I. 1993/2503, art. 2(2), Sch. 2
Words in s. 85B(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 6(3)(a)
Words in s. 85B(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 6(3)(b)
S. 86 repealed (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 13(2)
S. 76A inserted (18.4.2006 for certain purposes and 6.4.2007 in so far as not already in force) by Equality Act 2006 (c. 3), ss. 84(1), 93 (with s. 92); S.I. 2006/1082, arts. 2(h), 4(b)
S. 76B inserted (18.4.2006 for certain purposes and 6.4.2007 in so far as not already in force) by Equality Act 2006 (c. 3), ss. 85(1), 93 (with s. 92); S.I. 2007/1082, arts. 2, 4
S. 76C inserted (18.4.2006 for certain purposes and 6.4.2007 in so far as not already in force) by Equality Act 2006 (c. 3), ss. 85(1), 93 (with s. 92); S.I. 2007/1082, arts. 2, 4
S. 76D inserted (6.4.2007) by Equality Act 2006 (c. 3), ss. 85(1), 93 (with s. 92); S.I. 2006/1082, art. 4(b)
S. 76E inserted (16.2.2006) by Equality Act 2006 (c. 3), s. 86 (with s. 92)
S. 76E(1) power partly exercised: 6.4.2007 appointed for the "Gender Equality Duty Code of Practice (England and Wales)" by {S.I. 2007/741}, art. 2
A public authority shall in carrying out its functions have due regard to the need—
to eliminate unlawful discrimination and harassment, and
to promote equality of opportunity between men and women.
In subsection (1)—
“
“
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).
The duty in subsection (1) shall not apply to—
the House of Commons,
the House of Lords,
the Scottish Parliament,
the General Synod of the Church of England,
the Security Service,
the Secret Intelligence Service,
the Government Communications Headquarters,
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
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).
The duty in subsection (1) shall not apply to the exercise of—
a function in connection with proceedings in the House of Commons or the House of Lords,
a function in connection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body),
a judicial function (whether in connection with a court or a tribunal),
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
a function specified for the purpose of this paragraph by order of the Secretary of State.
Subsection (1)(b) is without prejudice to the effect of any exception to or limitation of the law about sex discrimination.
A failure in respect of performance of the duty under subsection (1) does not confer a cause of action at private law.
The Secretary of State may by order impose on a person to whom the duty in section 76A(1) applies, or in so far as that duty applies to a person, a duty which the Secretary of State thinks will ensure better performance of the duty under section 76A(1).
Before making an order under subsection (1) the Secretary of State shall consult the Commission.
The Secretary of State—
must consult the National Assembly for Wales before making an order under subsection (1) in respect of a person exercising functions in relation to Wales, and
may not, without the consent of the National Assembly for Wales, make an order under subsection (1) in respect of a person all of whose functions are public functions in relation to Wales.
A failure in respect of performance of a duty imposed under subsection (1) does not confer a cause of action at private law.
Section 76B(1) shall not apply in relation to a person who is a relevant Scottish authority or a cross-border authority.
The Secretary of State may by order impose on a cross-border authority to whom the duty under section 76A(1) applies, or in so far as that duty applies to the cross-border authority, a duty which the Secretary of State thinks will ensure better performance of the duty under section 76A(1), to the extent that the cross-border authority's functions are not Scottish functions.
The Scottish Ministers may by order impose on a relevant Scottish authority to whom the duty under section 76A(1) applies, or in so far as that duty applies to the relevant Scottish authority, a duty which the Scottish Ministers think will ensure better performance of the duty under section 76A(1).
The Scottish Ministers may by order impose on a cross-border authority to whom the duty under section 76A(1) applies, or in so far as that duty applies to the cross-border authority, a duty which the Scottish Ministers think will ensure better performance of the duty under section 76A(1), to the extent that the cross-border authority's functions are Scottish functions.
Before making an order under any of subsections (2) to (4) the person making the order shall consult the Commission.
Before making an order under subsection (2) the Secretary of State shall consult the Scottish Ministers.
Before making an order under subsection (4) the Scottish Ministers shall consult the Secretary of State.
A failure in respect of performance of a duty imposed under this section does not confer a cause of action at private law.
In this section—
“
a member of the Scottish Executive or a junior Scottish Minister,
the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland,
an office of a description specified in an Order in Council under section 126(8)(b) of the Scotland Act 1998 (c. 46) (other non-ministerial offices in the Scottish Administration), or
a public body, public office or holder of a public office—
which is not a cross-border authority or the Scottish Parliamentary Corporate Body,
whose functions are exercisable only in or as regards Scotland, and
some at least of whose functions do not relate to reserved matters (within the meaning of the Scotland Act 1998),
“
“
This section applies where the Commission thinks that a person has failed to comply with a duty imposed under section 76B or 76C.
The Commission may give the person a notice requiring him—
to comply with the duty, and
to give the Commission, within the period of 28 days beginning with the date on which he receives the notice, written information of steps taken for the purpose of complying with the duty.
A notice under this section may require a person to give the Commission information required by the Commission for the purposes of assessing compliance with the duty; in which case the notice shall specify—
the period within which the information is to be given (which shall begin with the date on which the notice is received and shall not exceed three months), and
the manner and form in which the information is to be given.
A person who receives a notice under this section shall comply with it.
But a notice under this section shall not oblige a person to give information that he could not be compelled to give in proceedings before the High Court or the Court of Session.
If the Commission thinks that a person, to whom a notice under this section has been given, has failed to comply with a requirement of the notice, the Commission may apply to a county court (in England and Wales) or to the sheriff (in Scotland) for an order requiring the person to comply.
The Commission may issue a code of practice about the performance of—
the duty under section 76A(1), or
a duty imposed under section 76B or 76C.
Section 56A(2) to (11) shall apply to a code under this section as to a code under that section (for which purpose the reference in section 56A(10) to specified proceedings before an employment tribunal shall be treated as a reference to criminal or civil proceedings before any court or tribunal).
The Secretary of State shall consult the Scottish Ministers and the National Assembly for Wales before—
approving a draft under section 56A(4)(a) as applied by subsection (2) above, or
making an order under section 56A(7) as applied by subsection (2) above.
A term of a contract is void where—
its inclusion renders the making of the contract unlawful by virtue of this Act, or
it is included in furtherance of an act rendered unlawful by this Act, or
it provides for the doing of an act which would be rendered unlawful by this Act.
Subsection (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract, but the term shall be unenforceable against that party.
A term in a contract which purports to exclude or limit any provision of this Act or the
Subsection (3) does not apply—
to a contract settling a complaint to which section 63(1) of this Act or section 2 of the
to a contract settling a complaint to which section 63(1) of this Act or section 2 of the
to a contract settling a claim to which section 66 applies.
The conditions regulating compromise contracts under this Act are that—
the contract must be in writing;
the contract must relate to the particular complaint;
the complainant must have received
there must be in force, when the adviser gives the advice, a
the contract must identify the adviser; and
the contract must state that the conditions regulating compromise contracts under this Act are satisfied.
A person is a relevant independent adviser for the purposes of subsection (4A)(c)—
if he is a qualified lawyer,
if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
if he is a person of a description specified in an order made by the Secretary of State.
But a person is not a relevant independent adviser for the purposes of subsection (4A)(c) in relation to the complainant—
if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,
in the case of a person within subsection (4B)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,
in the case of a person within subsection (4B)(c), if the complainant makes a payment for the advice received from him, or
in the case of a person of a description specified in an order under subsection (4B)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
In subsection (4B)(a) “
as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the
as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
In subsection (4B)(b) “
For the purposes of subsection (4BA) any two persons are to be treated as connected—
if one is a company of which the other (directly or indirectly) has control, or
if both are companies of which a third person (directly or indirectly) has control.
An agreement under which the parties agree to submit a dispute to arbitration—
shall be regarded for the purposes of subsection (4)(a) and (aa) as being a contract settling a complaint if—
the dispute is covered by a scheme having effect by virtue of an order under section 212A of the
the agreement is to submit it to arbitration in accordance with the scheme, but
shall be regarded for those purposes as neither being nor including such a contract in any other case.
On the application of any person interested in a contract to which subsection (2) applies, a county court or sheriff court may make such order as it thinks just for removing or modifying any term made unenforceable by that subsection; but such an order shall not be made unless all persons affected have been given notice of the application (except where under rules of court notice may be dispensed with) and have been afforded an opportunity to make representations to the court.
An order under subsection (5) may include provision as respects any period before the making of the order.
This section applies to any trust deed or other instrument—
which concerns property applicable for or in connection with the provision of education in any establishment in paragraphs 1 to 5 of the Table in section 22, and
which in any way restricts the benefits available under the instrument to persons of one sex.
If on the application of the trustees, or of the responsible body (as defined in section 22), the Secretary of State is satisfied that the removal or modification of the restriction would conduce to the advancement of education without sex discrimination, he may by order make such modifications of the instrument as appear to him expedient for removing or modifying the restrictions, and for any supplemental or incidental purposes.
If the trust was created by gift or bequest, no order shall be made until 25 years after the date on which the gift or bequest took effect, unless the donor or his personal representatives, or the personal representatives of the testator, have consented in writing to the making of the application for the order.
The Secretary of State shall require the applicant to publish notice—
containing particulars of the proposed order, and
stating that representations may be made to the Secretary of State within a period specified in the notice.
The period specified in the notice shall not be less than one month from the date of the notice.
The applicants shall publish the notice in such manner as may be specified by the Secretary of State, and the cost of any publication of the notice may be defrayed out of the property of the trust.
Before making the order the Secretary of State shall take into account any representations duly made in accordance with the notice.
This section does not apply in Scotland.
This section applies to any educational endowment to which
a scheme made or approved for that endowment under that
any endowment which is, by virtue of
a university endowment, the Carnegie Trust, a theological endowment and a new endowment.
If, on the application of the governing body of an educational endowment, the Secretary of State is satisfied that the removal or modification of the provision which restricts the benefit of the endowment to persons of one sex would conduce to the advancement of education without sex discrimination, he may, by order, make such modifications to the endowment as appear to him expedient for removing or modifying the restriction and for any supplemental or incidental purposes.
Where the Secretary of State proposes to make an order under this section, he shall publish a notice, in such manner as he thinks sufficient for giving information to persons whom he considers may be interested in the endowment—
containing particulars of the proposed order; and
stating that representations may be made with respect thereto within such period as may be specified in the notice, not being less than one month from the date of publication of the notice,
and the cost of publication of any such notice shall be paid out of the funds of the endowment to which the notice relates.
Before making any order under this section, the Secretary of State shall consider any representations duly made in accordance with the said notice and he may cause a local inquiry to be held into such representations under
Without prejudice to section 81(5) of this Act, any order made under this section may be varied or revoked in a scheme made or approved under
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section shall be construed as one with
The Secretary of State may by an order the draft of which has been approved by each House of Parliament—
amend any of the following provisions, namely, sections 6(3), 7, 19, 20(1), (2) and (3), 31(2), 32, 34, 35 and 43 to 48 (including any such provision as amended by a previous order under this subsection);
amend or repeal any of the following provisions, namely, sections 11(4), 12(4), 33 and 49 (including any such provision as amended by a previous order under this subsection);
amend Part II, III or IV so as to render lawful an act which, apart from the amendment, would be unlawful by reason of section 6(1) or (2), 29(1), 30 or 31;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State shall not lay before Parliament the draft of an order under subsection (1) unless he has consulted the Commission about the contents of the draft.
An order under subsection (1)(c) may make such amendments to the list of provisions given in subsection (1)(a) as in the opinion of the Secretary of State are expedient having regard to the contents of the order.
Any power of the Secretary of State to make orders under the provisions of this Act (except sections . . .
An order made by the Secretary of State under the preceding provisions of this Act (except sections . . .
Subsections (1) and (2) do not apply to an order under section 78 or 79, but—
an order under section 78 which modifies an enactment, and
any order under section 79 other than one which relates to an endowment to which section
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
An order under this Act may make different provision in relation to different cases or classes of case, may exclude certain cases or classes of case, and may contain transitional provisions and savings.
Any power conferred by this Act to make orders includes power (exercisable in the like manner and subject to the like conditions) to vary or revoke any order so made.
In this Act, unless the context otherwise requires—
“
“
“
“
board of management”, in relation to a self-governing school, has the same meaning as in the Education (Scotland) Act 1980;
“
“
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“
“discrimination” and related terms shall be construed in accordance with section 5(1);
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“
“
“
“
“
“
“
“
“
“
“
“
self-governing school” has the same meaning as in the Education (Scotland) Act 1980;
“
“
“
means all types, and all levels, of—
vocational training, advanced vocational training and retraining, and
vocational guidance, and
includes practical work experience undertaken for a limited period for the purposes of a person's vocational training (as defined by paragraph (a));
“
References in this Act to the dismissal of a person from employment or to the expulsion of a person from a position as partner include references—
to the termination of that person’s employment or partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment or partnership is renewed on the same terms; and
to the termination of that person’s employment or partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer or, as the case may be the conduct of the other partners.
For the purposes of this Act two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control or if both are companies of which a third person (directly or indirectly) has control.
Any power conferred by this Act to designate establishments or persons may be exercised either by naming them or by identifying them by reference to a class or other description.
For the purposes of this Act a non-discrimination notice or a finding by a court or tribunal becomes final when an appeal against the notice or finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; and for this purpose an appeal against a non-discrimination notice shall be taken to be dismissed if, notwithstanding that a requirement of the notice is quashed on appeal, a direction is given in respect of it under section 68(3).
For the purposes of this Act a person is a near relative of another if that person is the wife or husband
Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
In this Act, except where otherwise indicated—
a reference to a numbered Part, section of Schedule is a reference to the Part of or section of, or the Schedule to, this Act so numbered, and
a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and
a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered, and
a reference to any provision of an Act (including this Act) includes a Schedule incorporated in the Act by that provision.
The provisions of Schedule 4 shall have effect for making transitional provision for the purposes of this Act.
Parts II to VII shall come into operation on such day as the Secretary of State may by order appoint, and different days may be so appointed for different provisions and for different purposes.
Subject to subsection (4)—
the enactments specified in Schedule 5 shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential on the preceding provisions of this Act), and
the enactments specified in Schedule 6 are hereby repealed to the extent shown in column 3 of that Schedule.
The Secretary of State shall by order provide for the coming into operation of the amendments contained in Schedule 5 and the repeals contained in Schedule 6, and those amendments and repeals shall have effect only as provided by an order so made.
An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation, including such adaptations of those provisions, or of any provisions of this Act then in operation, as appear to the Secretary of State necessary or expedient in consequence of the partial operation of this Act.
There shall be defrayed out of money provided by Parliament—
sums required by the Secretary of State for making payments under paragraph 5 or 14 of Schedule 3, and for defraying any other expenditure falling to be made by him under or by virtue of this Act;
payments falling to be made under section 66(6)(b) or (7) in respect of the remuneration of assessors; and
any increase attributable to the provisions of this Act in the sums payable out of money provided by Parliament under any other Act.
This Act applies—
to an act done by or for purposes of a Minister of the Crown or government department, or
to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,
as it applies to an act done by a private person.
Parts II and IV apply to—
service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or
service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body,
service in the armed forces,
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.
Subsections (1) and (2) have effect subject to section 17.
Nothing in this Act shall render unlawful an act done for the purpose of ensuring the combat effectiveness of the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (2) of section 10 shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of the United Kingdom as it has effect in relation to a ship, aircraft or hovercraft mentioned in paragraph (a) or (b) of that subsection, and section 10(5) shall apply accordingly.
The provisions of Parts II to IV of the
The provisions of Part V of the
This subsection applies to any complaint by a person (“the complainant”) that another person—
has committed an act of discrimination against the complainant which is unlawful by virtue of section 6; or
is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination against the complainant,
if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination in question relates to his service in those forces.
No complaint to which subsection (9A) applies shall be presented to an
the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and
the Defence Council have made a determination with respect to the complaint.
Regulations may make provision enabling a complaint to which subsection (9A) applies to be presented to an
Where a complaint is presented to an
Regulations under subsection (9C) shall be made by the Secretary of State by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“
“
“
“
Parts II and IV apply to an act done by an employer of a relevant member of the House of Commons staff, and to service as such a member, as they apply to an act done by and to service for the purposes of a Minister of the Crown or government department, and accordingly apply as if references to a contract of employment included references to the terms of service of such a member.
In this section “
Parts II and IV apply in relation to employment as a relevant member of the House of Lords staff as they apply in relation to other employment.
In this section “
This act may be cited as the Sex Discrimination Act 1975.
This Act (except paragraph 16 of Schedule 3) does not extend to Northern Ireland.