Sex Discrimination Act 1975 (repealed)

Changes over time for: Section 17

Version Superseded: 01/10/2010

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Point in time view as at 06/04/2007. This version of this provision has been superseded.

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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 [F1it] 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 [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, [F4by virtue of subsection (1) or (1A)], 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.

[F5(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) [F6, (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)[F7Subject 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 [F8the Police Act 1996],

(aa)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to any other person or appointment means the officer [F10or 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 [F8the Police Act 1996],

(aa)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F8the Police Act 1996]. . . , and in any other case means money provided by the police authority;
“specified Act” means the M1Metropolitan Police Act 1829, the M2City of London Police Act 1839 or [F8the Police Act 1996].

(8)In the application of this section to Scotland, in subsection (7) for any reference to [F12the Police Act 1996] there shall be substituted a reference to the M3Police (Scotland) Act 1967, and for the reference to [F13sections 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.

[F14(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

F1Word 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)

F2S. 17(1A) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(3)

F3Words in s. 17(2) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(2)

F4Words in s. 17(5) substituted (6.4.2007) by Equality Act 2006 (c. 3), ss. 83(2), 93 (with s. 92); S.I. 2006/1082, art. 4(a)

F5S. 17(5A) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(4)

F6Word in s. 17(6) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(5)

F7Words in s. 17(7) inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(6)

F8Words in s. 17(7) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(3)

F9S. 17(7): para. (aa) in definition of "chief officer of police" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 28, Sch. 17; S.I. 2006/378, art. 4, Sch. para. 13(l)