Modifications etc. (not altering text)
C1Part IV extended by Employment Protection Act 1975 (c. 71), s. 122(2)
C2Pt. IV (ss. 37–42) excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(c), 5(1)(2)(b)(3)(4)(7)
C3Pt. IV (ss. 37–42) excluded by S.I. 1989/2420, art. 3
(1)It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do any act which is or might be unlawful by virtue of Part II or III.
(2)Subsection (1) does not apply to an advertisement if the intended act would not in fact be unlawful.
(3)For the purposes of subsection (1), use of a job description with a sexual connotation (such as “waiter”, “salesgirl”, “postman” or “stewardess”) shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary.
(4)The publisher of an advertisement made unlawful by subsection (1) shall not be subject to any liability under that subsection in respect of the publication of the advertisement if he proves—
(a)that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful, and
(b)that it was reasonable for him to rely on the statement.
(5)A person who knowingly or recklessly makes a statement such as is referred to in subsection (4) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F1level 5 on the standard scale].
Textual Amendments
F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G