Sex Discrimination Act 1975 (repealed) (c. 65)

Part VIII E+W+S Supplemental

82 General interpretation provisions. E+W+S

(1) In this Act, unless the context otherwise requires—

• “access” shall be construed in accordance with section 50;

• “act” includes a deliberate omission;

• “advertisement” includes every form of advertisement, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films, or in any other way, and references to the publishing of advertisements shall be construed accordingly;

• “associated employer” shall be construed in accordance with subsection (2);

• [F1 “board of management”, in relation to a self-governing school, has the same meaning as in the Education (Scotland) Act 1980;]

• “Board of management” in relation to a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, has the same meaning as in that Part;

• “the Commission” means the Equal Opportunities Commission;

• “Commissioner” means a member of the Commission;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• “designate” shall be construed in accordance with subsection (3);

• [F3 references in Parts 2 and 3 to subjecting a person to a detriment do not include subjecting a person to harassment;]

• “discrimination” and related terms shall be construed in accordance with section 5(1);

• “dispose”, in relation to premises, includes granting a right to occupy the premises, and any reference to acquiring premises shall be construed accordingly;

• “education” includes any form of training or instruction;

• [F4 “the Education Acts” has the meaning given by section 578 of the Education Act 1996;]

• “education authority” and “educational establishment” in relation to Scotland have the same meaning as they have respectively in [F5 section 135(1) of the Education (Scotland) Act 1980];

• “employment” means employment under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;

• “employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;

• [F6 “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;]

  • “equality clause” has the meaning given in section 1(2) of the M1 Equal Pay Act 1970 (as set out in section 8(1) of this Act);

  • “estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises;

  • “final” shall be construed in accordance with subsection (4);

  • “firm” has the meaning given by section 4 of the M2 Partnership Act 1890;

  • “formal investigation” means an investigation under section 57;

  • “further education” has the meaning given by [F7 section 2 of the Education Act 1996] and in Scotland has the meaning given by [F8 section 135(1) of the Education (Scotland) Act 1980];

  • [F9 “gender reassignment” means a process which is undertaken under medical supervision for the purpose of reassigning a person’s sex by changing physiological or other characteristics of sex, and includes any part of such a process;]

  • “general notice”, in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

  • “genuine occupational qualification” shall be construed in accordance with section 7(2); [F10 , except in the expression “supplementary genuine occupational qualification”, which shall be construed in accordance with section 7B(2);]

  • “Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain;

  • [F11 references to subjecting a person to harassment, and to acts of harassment, shall be construed in accordance with section 4A;]

  • “independent school” has the meaning given by [F12 section 463 of the Education Act 1996] and in Scotland has the meaning given by [F13 section 135(1) of the Education (Scotland) Act 1980];

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

  • “man” includes a male of any age;

  • “managers” has the same meaning for Scotland as in [F15 section 135(1) of the Education (Scotland) Act 1980];

  • “near relative” shall be construed in accordance with subsection (5);

  • “non-discrimination notice” means a notice under section 67;

  • “notice” means a notice in writing;

  • “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;

  • “profession” includes any vocation or occupation;

  • “proprietor”, in relation to any school, has the meaning given by [F16 section 579 of the Education Act 1996] and in Scotland has the meaning given by [F15 section 135(1) of the Education (Scotland) Act 1980];

• [F17 “provision, criterion or practice” includes “requirement or condition;”.]

  • “pupil” in Scotland includes a student of any age;

  • “retirement” includes retirement (whether voluntary or not) on grounds of age, length of service, or incapacity;

  • “school” has the meaning given by [F18 section 4 of the Education Act 1996], and in Scotland has the meaning given by [F15 section 135(1) of the Education (Scotland) Act 1980];

  • “school education” has the meaning given by [F15 section 135(1) of the Education (Scotland) Act 1980];

  • [F19 “self-governing school” has the same meaning as in the Education (Scotland) Act 1980;]

  • “trade” includes any business;

  • “training” includes any form of education or instruction;

  • “university” includes a university college and the college, school or hall of a university;

  • [F20 “vocational training”—

    (a)

    means all types, and all levels, of—

    (i)

    vocational training, advanced vocational training and retraining, and

    (ii)

    vocational guidance, and

    (b)

    includes practical work experience undertaken for a limited period for the purposes of a person's vocational training (as defined by paragraph (a));]

  • F21 . . .

  • “woman” includes a female of any age.

[F22 (1A) References in this Act to the dismissal of a person from employment or to the expulsion of a person from a position as partner include references—

(a) to the termination of that person’s employment or partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment or partnership is renewed on the same terms; and

(b) to the termination of that person’s employment or partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer or, as the case may be the conduct of the other partners.]

(2) For the purposes of this Act two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control or if both are companies of which a third person (directly or indirectly) has control.

(3) Any power conferred by this Act to designate establishments or persons may be exercised either by naming them or by identifying them by reference to a class or other description.

(4) For the purposes of this Act a non-discrimination notice or a finding by a court or tribunal becomes final when an appeal against the notice or finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; and for this purpose an appeal against a non-discrimination notice shall be taken to be dismissed if, notwithstanding that a requirement of the notice is quashed on appeal, a direction is given in respect of it under section 68(3).

(5) For the purposes of this Act a person is a near relative of another if that person is the wife or husband, a parent or child, a grandparent or grandchild, or a brother or sister of the other (whether of full blood or half-blood or by affinity), and “child” includes an illegitimate child and the wife or husband of an illegitimate child.

(6) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(7) In this Act, except where otherwise indicated—

(a) a reference to a numbered Part, section of Schedule is a reference to the Part of or section of, or the Schedule to, this Act so numbered, and

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered, and

(d) a reference to any provision of an Act (including this Act) includes a Schedule incorporated in the Act by that provision.

Textual Amendments

F1 S. 82(1): definition of "board of management" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I. 2004/528, art. 2(b)

F2 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F3 S. 82(1): words after definition of "designate" inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 33(2)

F4 S. 82(1): definition of

“the Education Acts”

inserted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(a)

F5 In s. 82(1) in the definitions of “education authority” and “educational establishment” by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 11 for the respective references to subsections (16) and (17) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980

F6 S. 82(1): definition of

“enactment”

inserted (27.7.2000) by S.I. 2000/ 2040, art. 2, Sch. Pt. I para. 8

F7 S. 82(1): words in definition of

“further education”

substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(b)

F8 In s. 82(1), in the definition of “further education” for the reference to subsection (21) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 11

F9 S. 82(1): definition of “gender reassingnment” inserted (1.5.1999) by S.I. 1999/1102, reg. 2(3)

F10 S. 82(1): words in definition of “genuine occupational qualification” inserted (1.5.1999) by S.I. 1999/1102, reg. 4(6)

F11 S. 82(1): words after definition of "Great Britain" inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 33(3)

F12 S. 82(1): words in definition of

“independent school”

substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(c)

F13 In s. 82(1) in the definition of “independent school” for the reference to subsection (23) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 11

F14 Definition of “industrial tribunal” repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), Sch. 4

F15 In s. 82(1), in the definitions of “managers”, “proprietor”, “school” and “school education” by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 11 for the respective references to subsections (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980

F16 S. 82(1): words in definition of

“proprietor”

substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(d)

F17 S. 82(1): definition of

“provision, criterion or practice”

inserted (12.10.2001) by S.I. 2001/2660, reg. 8(4)

F18 S. 82(1): words in definition of

“school”

substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 36(e)

F19 S. 82(1): definition of "self-governing school" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I. 2004/528, art. 2(a)

F20 S. 82(1): definition of "vocational training" inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 33(4)

F21 S. 82(1): definition of

“upper limit of compulsory school age”

repealed (1.9.1997) by 1996 c. 56, s. 582(2)(3), Sch. 38 Pt. II (with Sch. 39); S.I. 1997/1623, art. 2(2)

F22 S. 82(1A) inserted by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 2(3)

Modifications etc. (not altering text)

C1 S. 82(1) modified by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 3(1), Sch. 1 para. 4(1)

C2 In s. 82(1) in the definitions of “education authority” and “educational establishment” by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 11 for the respective references to subsections (16) and (17) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980

C3 In s. 82(1), in the definition of “further education” for the reference to subsection (21) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 11

C4 In s. 82(1) in the definition of “independent school” for the reference to subsection (23) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 11

C5 In s. 82(1), in the definitions of “managers”, “proprietor”, “school” and “school education” by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 11 for the respective references to subsections (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980

C6 S. 82(1A) modified by S.I. 1989/901, art. 3, Sch.

S. 82(1A) modified (2.3.1998) by S.I. 1998/218, art. 3, Sch.

C7 S. 82(1A) modified (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2))

S. 82(1A) modified (1.9.1999) by S.I. 1999/2256, art. 1(2)

C8 S. 82(1A) modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch

C9 S. 82(4) modified by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 3(1), Sch. 1 para. 4(1)

Marginal Citations

M1 1970 c. 41.

M2 1890 c. 39.