Sex Discrimination Act 1975 (repealed)

Special case E+W+S

17 Police. E+W+S

(1) For the purposes of this Part, the holding of the office of constable shall be treated as employment—

(a) by the chief officer of police as respects any act done by him in relation to a constable or that office;

(b) by the police authority as respects any act done by [F1 it] in relation to a constable or that office.

[F2 (1A) For the purposes of section 41—

(a) the holding of the office of constable shall be treated as employment by the chief officer of police (and as not being employment by any other person); and

(b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.]

(2) Regulations made under [F3 section 50, 51 or 52 of the Police Act 1996] shall not treat men and women differently except—

(a) as to requirements relating to height, uniform or equipment, or allowances in lieu of uniform or equipment, or

(b) so far as special treatment is accorded to women in connection with pregnancy or childbirth, or

(c) in relation to pensions to or in respect of special constables or police cadets.

(3) Nothing in this Part renders unlawful any discrimination between male and female constables as to matters such as are mentioned in subsection (2)(a).

(4) There shall be paid out of the police fund—

(a) any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under this Act, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b) any sum required by a chief officer of police for the settlement of any claim made against him under this Act if the settlement is approved by the police authority.

(5) Any proceedings under this Act which, by virtue of subsection (1), would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in subsection (4) to the chief officer of police shall be construed accordingly.

[F4 (5A) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—

(a) any compensation, costs or expenses awarded in proceedings under this Act against a person under the direction and control of the chief officer of police;

(b) any costs or expenses incurred and not recovered by such a person in such proceedings; and

(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.]

(6) Subsections (1) [F5 , (1A)] and (3) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.

(7) [F6 Subject to subsection (9),] In this section—

• “chief officer of police”—

(a) in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in [F7 the Police Act 1996],

[F8 (aa) in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad,]

(b) in relation to any other person or appointment means the officer [F9 or other person] who has the direction and control of the body of constables or cadets in question;

• “police authority”—

(a) in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in [F7 the Police Act 1996],

[F10 (aa) in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 F11 , means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad,]

(b) in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;

• “police cadet” means any person appointed to undergo training with a view to becoming a constable;

• “police fund” in relation to a chief officer of police within paragraph (a) of the above definition of that term has the same meaning as in [F7 the Police Act 1996][F12 , in relation to a chief officer of police within paragraph (aa) of that definition means the service fund established under section 16 or, as the case may be, 61 of the Police Act 1997], and in any other case means money provided by the police authority;

• “specified Act” means the M1 Metropolitan Police Act 1829, the M2 City of London Police Act 1839 or [F7 the Police Act 1996].

(8) In the application of this section to Scotland, in subsection (7) for any reference to [F13 the Police Act 1996] there shall be substituted a reference to the M3 Police (Scotland) Act 1967, and for the reference to [F14 sections 50, 51 and 52] of the former Act in subsection (2) there shall be substituted a reference to sections 26 and 27 of the latter Act.

[F15 (9) In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer for the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.]

Textual Amendments

F1 Word in s. 17(1)(b) substituted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(2)

F2 S. 17(1A) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(3)

F3 Words in s. 17(2) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(2)

F4 S. 17(5A) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(4)

F5 Word in s. 17(6) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(5)

F6 Words in s. 17(7) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(6)

F7 Words in s. 17(7) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(3)

F8 S. 17(7): in the definition of

“chief officer of police”

para (aa) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 31(a); S.I. 1998/354, art. 2(2)(bc)

F9 S: 17(7): words in para. (b) of definition of "chief officer of police" inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(7)

F10 S. 17(7): words in para. (aa) of definition of "police authority" inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(2)

F11 1997 c. 50.

F12 S. 17(7): words in definition of

“police fund”

inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para. 31(b); S.I. 1998/354, art. 2(2)(bc)

F13 Words in s. 17(8) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(4)

F14 Words in s. 17(8) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(4)

F15 S. 17(9) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(9)

Marginal Citations

M1 1829 c. 44.

M2 1839 c. xciv.

M3 1967 c. 77.

18 Prison officers. E+W+S

(1) Nothing in this Part renders unlawful any discrimination between male and female prison officers as to requirements relating to height.

X1 (2) In section 7(2) of the M4 Prison Act 1952 the words “and if women only are recieved in a prison the Governor shall be a woman” are repealed.

Editorial Information

X1 The text of ss. 8(1)(6), 18(2), 21(2), Sch. 1 Pt. I paras. 1–5, 6(1), Sch. 1 Pt. II, Sch. 3 para. 16(1)(2), Sch. 5 para. 1 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1952 c. 52.

[F16 19 Ministers of religion etc. E+W+S

(1) Nothing in this Part shall make it unlawful to apply a requirement in relation to employment where—

(a) the employment is for purposes of an organised religion,

(b) the requirement is one to which subsection (3) applies, and

(c) the requirement is applied—

(i) so as to comply with the doctrines of the religion, or

(ii) because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly-held religious convictions of a significant number of the religion's followers.

(2) Nothing in section 13 shall make it unlawful to apply a requirement in relation to an authorisation or qualification (as defined in that section) where—

(a) the authorisation or qualification is for purposes of an organised religion,

(b) the requirement is one to which subsection (3) applies, and

(c) the requirement is applied—

(i) so as to comply with the doctrines of the religion, or

(ii) by the authority or body concerned, or by the person by whom the authority or body acts in a particular case, so as to avoid conflicting with the strongly-held religious convictions of a significant number of the religion's followers.

(3) This subsection applies to—

(a) a requirement to be of a particular sex,

(b) a requirement not to be undergoing or to have undergone gender reassignment,

(c) a requirement relating to not being married or to not being a civil partner,

(d) a requirement, applied in relation to a person who is married, or is a civil partner, that relates—

(i) to the person, or the person's spouse or civil partner, not having a living former spouse or a living former civil partner, or

(ii) to how the person, or the person's spouse or civil partner, has at any time ceased to be married or ceased to be a civil partner.]

Textual Amendments

F16 S. 19 substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 20(1)

20 Midwives. E+W+S

(1) [F17 Until 1st September 1983]Section 6(1) does not apply to employment as a midwife.

(2) [F17 Until 1st September 1983]Section 6(2)(a) does not apply to promotion, transfer or training as a midwife.

(3) [F17 Until 1st September 1983]Section 14 does not apply to training as a midwife.

F18 (4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words inserted by S.I. 1983/1202, art. 2

F18 S. 20(4)(5), Sch. 5 para. 2 repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8