Part VIII Supplemental

82 General interpretation provisions.

(1)

In this Act, unless the context otherwise requires—

access” shall be construed in accordance with section 50;

act” includes a deliberate omission;

advertisement” includes every form of advertisement, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films, or in any other way, and references to the publishing of advertisements shall be construed accordingly;

associated employer” shall be construed in accordance with subsection (2);

F1board of management”, in relation to a self-governing school, has the same meaning as in the Education (Scotland) Act 1980;

F2Board of management” in relation to a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, has the same meaning as in that Part;

the Commission” means the Equal Opportunities Commission;

Commissioner” means a member of the Commission;

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designate” shall be construed in accordance with subsection (3);

“discrimination” and related terms shall be construed in accordance with section 5(1);

dispose”, in relation to premises, includes granting a right to occupy the premises, and any reference to acquiring premises shall be construed accordingly;

education” includes any form of training or instruction;

F4the Education Acts” has the meaning given by section 578 of the Education Act 1996;

education authority” and “educational establishment” in relation to Scotland have the same meaning as they have respectively in F5section 135(1) of the Education (Scotland) Act 1980;

employment” means employment under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;

employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;

equality clause” has the meaning given in section 1(2) of the M1Equal Pay Act 1970 (as set out in section 8(1) of this Act);

estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises;

final” shall be construed in accordance with subsection (4);

firm” has the meaning given by section 4 of the M2Partnership Act 1890;

formal investigation” means an investigation under section 57;

further education” has the meaning given by F6section 2 of the Education Act 1996 and in Scotland has the meaning given by F7section 135(1) of the Education (Scotland) Act 1980;

general notice”, in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

genuine occupational qualification” shall be construed in accordance with section 7(2);

Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain;

independent school” has the meaning given by F8section 463 of the Education Act 1996 and in Scotland has the meaning given by F9section 135(1) of the Education (Scotland) Act 1980;

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man” includes a male of any age;

managers” has the same meaning for Scotland as in F11section 135(1) of the Education (Scotland) Act 1980;

near relative” shall be construed in accordance with subsection (5);

non-discrimination notice” means a notice under section 67;

notice” means a notice in writing;

prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;

profession” includes any vocation or occupation;

proprietor”, in relation to any school, has the meaning given by F12section 579 of the Education Act 1996 and in Scotland has the meaning given by F11section 135(1) of the Education (Scotland) Act 1980;

pupil” in Scotland includes a student of any age;

retirement” includes retirement (whether voluntary or not) on grounds of age, length of service, or incapacity;

school” has the meaning given by F13section 4 of the Education Act 1996, and in Scotland has the meaning given by F11section 135(1) of the Education (Scotland) Act 1980;

school education” has the meaning given by F11section 135(1) of the Education (Scotland) Act 1980;

F14self-governing school” has the same meaning as in the Education (Scotland) Act 1980;

trade” includes any business;

training” includes any form of education or instruction;

university” includes a university college and the college, school or hall of a university;

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woman” includes a female of any age.

F16(1A)

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—

(a)

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

(b)

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.

(2)

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.

(3)

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.

(4)

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).

(5)

For the purposes of this Act a person is a near relative of another if that person is the wife or husband, a parent or child, a grandparent or grandchild, or a brother or sister of the other (whether of full blood or half-blood or by affinity), and “child” includes an illegitimate child and the wife or husband of an illegitimate child.

(6)

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.

(7)

In this Act, except where otherwise indicated—

(a)

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

(b)

a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c)

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

(d)

a reference to any provision of an Act (including this Act) includes a Schedule incorporated in the Act by that provision.