Sex Discrimination Act 1975 (repealed)

[F176APublic authorities: general statutory dutyE+W+S

(1)A public authority shall in carrying out its functions have due regard to the need—

(a)to eliminate unlawful discrimination and harassment, and

(b)to promote equality of opportunity between men and women.

(2)In subsection (1)—

(a) “ public authority ” includes any person who has functions of a public nature (subject to subsections (3) and (4)),

(b) “ functions ” means functions of a public nature, and

(c)the reference to unlawful discrimination shall be treated as including a reference to contravention of terms of contracts having effect in accordance with an equality clause within the meaning of section 1 of the Equal Pay Act 1970 (c. 41).

(3)The duty in subsection (1) shall not apply to—

(a)the House of Commons,

(b)the House of Lords,

(c)the Scottish Parliament,

[F2(ca)the National Assembly for Wales,]

(d)the General Synod of the Church of England,

(e)the Security Service,

(f)the Secret Intelligence Service,

(g)the Government Communications Headquarters,

(h)a part of the armed forces of the Crown which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters, or

(i)a person specified for the purpose of this paragraph by order of the [F3Secretary of State](and a person may be specified generally or only in respect of specified functions).

(4)The duty in subsection (1) shall not apply to the exercise of—

(a)a function in connection with proceedings in the House of Commons or the House of Lords,

(b)a function in connection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body),

[F4(ba)a function in connection with proceedings in the National Assembly for Wales (other than a function of the National Assembly for Wales Commission),]

(c)a judicial function (whether in connection with a court or a tribunal),

(d)a function exercised on behalf of or on the instructions of a person exercising a judicial function (whether in connection with a court or a tribunal), or

(e)a function specified for the purpose of this paragraph by order of the [F5Secretary of State].

(5)Subsection (1)(b) is without prejudice to the effect of any exception to or limitation of the law about sex discrimination.

(6)A failure in respect of performance of the duty under subsection (1) does not confer a cause of action at private law.]

Textual Amendments

F1S. 76A inserted (18.4.2006 for certain purposes and 6.4.2007 in so far as not already in force) by Equality Act 2006 (c. 3), ss. 84(1), 93 (with s. 92); S.I. 2006/1082, arts. 2(h), 4(b)

F2S. 76A(3)(ca) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 7(2) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F4S. 76A(4)(ba) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 7(3) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))