C1C2Part II Discrimination in the Employment Field
Pt. II (ss. 6–21): excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(a), 5(1)(2)(a)(3)(4)(7); excluded by S.I. 1989/2420, art. 3; excluded (1.2.1994) by Measure 1993 No. 2, s. 6; Instrument dated 31.1.1994 made by Archbishops of Canterbury and York
Special cases
17 Police.
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 them in relation to a constable or that office.
2
Regulations made under F3section 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.
6
Subsections (1) 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
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 F4the Police Act 1996,
b
in relation to any other person or appointment means the officer 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 F4the Police Act 1996,
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 F4the Police Act 1996, and in any other case means money provided by the police authority;
“specified Act” means the M2Metropolitan Police Act 1829, the M3City of London Police Act 1839 or F4the Police Act 1996.
8
In the application of this section to Scotland, in subsection (7) for any reference to F5the Police Act 1996 there shall be substituted a reference to the M4Police (Scotland) Act 1967, and for the reference to F6sections 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.
18 Prison officers.
1
Nothing in this Part renders unlawful any discrimination between male and female prison officers as to requirements relating to height.
X12
In section 7(2) of the M1Prison Act 1952 the words “and if women only are recieved in a prison the Governor shall be a woman” are repealed.
19 Ministers of religion etc.
1
Nothing in this Part applies to employment for purposes of an organised religion where the employment is limited to one sex so as to comply with the doctrines of the religion or avoid offending the religious susceptibilities of a significant number of its followers.
2
Nothing in section 13 applies to an authorisation or qualification (as defined in that section) for purposes of an organised religion where the authorisation or qualification is limited to one sex so as to comply with the doctrines of the religion or avoid offending the religious susceptibilities of a significant number of its followers.
20 Midwives.
1
F1Until 1st September 1983Section 6(1) does not apply to employment as a midwife.
2
F1Until 1st September 1983Section 6(2)(a) does not apply to promotion, transfer or training as a midwife.
3
F1Until 1st September 1983Section 14 does not apply to training as a midwife.
F24
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X221 Mineworkers.
F71
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F82
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Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)