Modifications etc. (not altering text)
C1Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)
(1)In relation to racial discrimination [F1in cases where section 4A does not apply]—
(a)section 4(1)(a) or (c) does not apply to any employment where being of a particular racial group is a genuine occupational qualification for the job; and
(b)section 4(2)(b) does not apply to opportunities for promotion or transfer to, or training for, such employment.
(2)Being of a particular racial group is a genuine occupational qualification for a job only where—
(a)the job involves participation in a dramatic performance or other entertainment in a capacity for which a person of that racial group is required for reasons of authenticity; or
(b)the job involves participation as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of that racial group is required for reasons of authenticity; or
(c)the job involves working in a place where food or drink is (for payment or not) provided to and consumed by members of the public or a section of the public in a particular setting for which, in that job, a person of that racial group is required for reasons of authenticity; or
(d)the holder of the job provides persons of that racial group with personal services promoting their welfare, and those services can most effectively be provided by a person of that racial group.
(3)Subsection (2) applies where some only of the duties of the job fall within paragraph (a), (b), (c) or (d) as well as where all of them do.
(4)Paragraph (a), (b), (c) or (d) of subsection (2) does not apply in relation to the filling of a vacancy at a time when the employer already has employees of the racial group in question—
(a)who are capable of carrying out the duties falling within that paragraph; and
(b)whom it would be reasonable to employ on those duties; and
(c)whose numbers are sufficient to meet the employer’s likely requirements in respect of those duties without undue inconvenience.
Textual Amendments
F1Words in s. 5(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 8
Modifications etc. (not altering text)
C2S. 5 modified by S.I. 1989/901, art. 3, Sch.
S. 5 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.
S. 5 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. (which S.I. is revoked (E.) (1.9.2003) by S.I. 2003/1964, art. 1(3) and (W.) 12.5.2006 by S.I. 2006/1073, art. 1(3))
S. 5 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. 5 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.