12.—(1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person—
(a)in the arrangements which are made for the purpose of determining to whom the pupillage or tenancy should be offered;
(b)in respect of any terms on which it is offered; or
(c)by refusing, or deliberately not offering, it to him.
(2) It is unlawful for a barrister or barrister’s clerk, in relation to a pupil or tenant in the set of chambers in question, to discriminate against him—
(a)in respect of any terms applicable to him as a pupil or tenant;
(b)in the opportunities for training, or gaining experience, which are afforded or denied to him;
(c)in the benefits which are afforded or denied to him; or
(d)by terminating his pupillage, or by subjecting him to any pressure to leave the chambers or other detriment.
(3) It is unlawful for a barrister or barrister’s clerk, in relation to a pupillage or tenancy in the set of chambers in question, to subject to harassment a person who is, or has applied to be, a pupil or tenant.
(4) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person by subjecting him to a detriment, or to subject him to harassment.
(5) In this regulation—
“barrister’s clerk” includes any person carrying out any of the functions of a barrister’s clerk;
“pupil”, “pupillage” and “set of chambers” have the meanings commonly associated with their use in the context of barristers practising in independent practice; and
“tenancy” and “tenant” have the meanings commonly associated with their use in the context of barristers practising in independent practice, but also include reference to any barrister permitted to work in a set of chambers who is not a tenant.
(6) This regulation extends to England and Wales only.