51 Acts done for purposes of protection of women.E+W+S
(1)Nothing in the following provisions, namely—
(a)Part II,
(b)Part III so far as it applies to vocational training, or
(c)Part IV so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b),
shall render unlawful any act done by a person in relation to a woman if—
(i)it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision concerning the protection of women, or
(ii)it was necessary for that person to do it in order to comply with a requirement of a relevant statutory provision (within the meaning of Part I of the Health and Safety at Work etc. Act 1974) and it was done by that person for the purpose of the protection of the woman in question (or of any class of women that included that woman).
(2)In subsection (1)—
(a)the reference in paragraph (i) of that subsection to an existing statutory provision concerning the protection of women is a reference to any such provision having effect for the purpose of protecting women as regards—
(i)pregnancy or maternity, or
(ii)other circumstances giving rise to risks specifically affecting women,
whether the provision relates only to such protection or to the protection of any other class of persons as well; and
(b)the reference in paragraph (ii) of that subsection to the protection of a particular woman or class of women is a reference to the protection of that woman or those women as regards any circumstances falling within paragraph (a)(i) or (ii) above.
(3)In this section “existing statutory provision” means (subject to subsection (4) ) any provision of—
(a)an Act passed before this Act, or
(b)an instrument approved or made by or under such an Act (including one approved or made after the passing of this Act).
(4)Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed before this Act, that provision as re-enacted shall be treated for the purposes of subsection (3) as if it continued to be contained in an Act passed before this Act.