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4(1)A person (A) does not contravene this Act, so far as relating to nationality, only by providing a non-resident (B) with training, if A thinks that B does not intend to exercise in Great Britain skills B obtains as a result.E+W+S
(2)A non-resident is a person who is not ordinarily resident in [F1Great Britain].
(3)The reference to providing B with training is—
(a)if A employs B in relevant employment, a reference to doing anything in or in connection with the employment;
(b)if A as a principal allows B to do relevant contract work, a reference to doing anything in or in connection with allowing B to do the work;
(c)in a case within paragraph (a) or (b) or any other case, a reference to affording B access to facilities for education or training or ancillary benefits.
(4)Employment or contract work is relevant if its sole or main purpose is the provision of training in skills.
(5)In the case of training provided by the armed forces or Secretary of State for purposes relating to defence, sub-paragraph (1) has effect as if—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in sub-paragraph (4), for “its sole or main purpose is” there were substituted “ it is for purposes including ”.
(6)“Contract work” and “principal” each have the meaning given in section 41.
Textual Amendments
F1Words in Sch. 23 para. 4(2) substituted (31.12.2020) by The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)
F2Sch. 23 para. 4(5)(a) omitted (31.12.2020) by virtue of The Equality (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305), regs. 1, 5(9)(c); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Sch. 23 para. 4 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g)
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