Valid from 01/10/2010

Race Relations Act 1976 (Repealed)

1976 CHAPTER 74

An Act to make fresh provision with respect to discrimination on racial grounds and relations between people of different racial groups; and to make in the Sex Discrimination Act 1975 amendments for bringing provisions in that Act relating to its administration and enforcement into conformity with the corresponding provisions in this Act.

[22nd November 1976]

Modifications etc. (not altering text)

C1 Act: transfer of functions (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 3(2)(c)

C2 Act applied (14.11.2007) by S.I. 1994/1405, art. 4(1A) (as inserted by The Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/2908), art. 2(3))

C3 Act: A reference to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) to be construed as a reference to a removal centre within the meaning of that Part (10.2.2003) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(4), 162(2) (with s. 159); S.I. 2003/1, art. 2, Sch.

C4 Act modified by Employment Act 1989 (c. 38, SIF 43:1), s. 12(2)

Act extended (2.5.2001) by 1996 c. 49, s. 8A(10) (as inserted by 1999 c. 33, s. 22; S.I. 2001/1394, art. 2, Sch.)

Act applied (10.12.2001) by S.I. 1993/1813, art. 4(1C) (as inserted by S.I. 2001/3707, art. 4)

C5 Act: functions transferred (18.8.2010) byThe Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 3(1)(c)

Commencement Information

I1 Act not in force at Royal Assent see s. 79(2); Act wholly in force at 1.9.1977

Part I E+W+S Discrimination To Which Act Applies

1 Racial discrimination. E+W+S

(1) A person discriminates against another in any circumstances relevant for the purposes of any provision of this Act if—

(a) on racial grounds he treats that other less favourably than he treats or would treat other persons; or

(b) he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same racial group as that other but—

(i) which is such that the proportion of persons of the same racial group as that other who can comply with it is considerably smaller than the proportion of persons not of that racial group who can comply with it; and

(ii) which he cannot show to be justifiable irrespective of the colour, race, nationality or ethnic or national origins of the person to whom it is applied; and

(iii) which is to the detriment of that other because he cannot comply with it.

[F1 (1A) A person also discriminates against another if, in any circumstances relevant for the purposes of any provision referred to in subsection (1B), he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other, but—

(a) which puts or would put persons of the same race or ethnic or national origins as that other at a particular disadvantage when compared with other persons,

(b) which puts [F2 or would put] that other at that disadvantage, and

(c) which he cannot show to be a proportionate means of achieving a legitimate aim.

(1B) The provisions mentioned in subsection (1A) are—

(a) Part II;

(b) sections 17 to 18D;

(c) section 19B, so far as relating to -

(i) any form of social security;

(ii) health care;

(iii) any other form of social protection; and

(iv) any form of social advantage;

which does not fall within section 20;

(d) sections 20 to 24;

(e) sections 26A and 26B;

(f) sections 76 and 76ZA; and

(g) Part IV, in its application to the provisions referred to in paragraphs (a) to (f).

(1C) Where, by virtue of subsection (1A), a person discriminates against another, subsection (1)(b) does not apply to him.]

(2) It is hereby declared that, for the purposes of this Act, segregating a person from other persons on racial grounds is treating him less favourably than they are treated.

Textual Amendments

F1 S. 1(1A)-(1C) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 3

F2 Words in s. 1(1A)(b) inserted (22.12.2008) by The Race Relations Act 1976 (Amendment) Regulations 2008 (S.I. 2008/3008), reg. 2

Modifications etc. (not altering text)

C6 S. 1(1)(b) modified by Employment Act 1989 (c. 38, SIF 43:1), s. 12(1)

2 Discrimination by way of victimisation. E+W+S

(1) A person (“the discriminator") discriminates against another person (“the person victimised") in any circumstances relevant for the purposes of any provision of this Act if he treats the person victimised less favourably than in those circumstances he treats or would treat other persons, and does so by reason that the person victimised has—

(a) brought proceedings against the discriminator or any other person under this Act; or

(b) given evidence or information in connection with proceedings brought by any person against the discriminator or any other person under this Act; or

(c) otherwise done anything under or by reference to this Act in relation to the discriminator or any other person; or

(d) alleged that the discriminator or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of this Act,

or by reason that the discriminator knows that the person victimised intends to do any of those things, or suspects that the person victimised has done, or intends to do, any of them.

(2) Subsection (1) does not apply to treatment of a person by reason of any allegation made by him if the allegation was false and not made in good faith.

3 Meaning of “racial grounds", “racial group" etc. E+W+S

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

• “racial grounds” means any of the following grounds, namely colour, race, nationality or ethnic or national origins;

• “racial group” means a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to a person’s racial group refer to any racial group into which he falls.

(2) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this Act.

(3) In this Act—

(a) references to discrimination refer to any discrimination falling within section 1 or 2; and

(b) references to racial discrimination refer to any discrimination falling within section 1,

and related expressions shall be construed accordingly.

(4) A comparison of the case of a person of a particular racial group with that of a person not of that group under section 1(1) [F3 or (1A)] must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

Textual Amendments

F3 Words in s. 3(4) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 4

3A Harassment E+W+S

(1) A person subjects another to harassment in any circumstances relevant for the purposes of any provision referred to in section 1(1B) where, on grounds of race or ethnic or national origins, he engages in unwanted conduct which has the purpose or effect of—

(a) violating that other person’s dignity, or

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

(2) Conduct shall be regarded as having the effect specified in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of that other person, it should reasonably be considered as having that effect.

Part II E+W+S Discrimination in the Employment Field

Modifications etc. (not altering text)

C7 Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)

Discrimination by employers E+W+S

4 F4 . . . applicants and employees. E+W+S

(1) It is unlawful for a person, in relation to employment by him at an establishment in Great Britain, to discriminate against another—

(a) in the arrangements he makes for the purpose of determining who should be offered that employment; or

(b) in the terms on which he offers him that employment; or

(c) by refusing or deliberately omitting to offer him that employment.

(2) It is unlawful for a person, in the case of a person employed by him at an establishment in Great Britain, to discriminate against that employee—

(a) in the terms of employment which he affords him; or

(b) in the way he affords him access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(c) by dismissing him, or subjecting him to any other detriment.

[F5 (2A) It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment a person whom he employs or who has applied to him for employment.]

(3) Except in relation to discrimination falling within section 2 [F6 or discrimination on grounds of race or ethnic or national origins] , subsections (1) and (2) do not apply to employment for the purposes of a private household.

(4) Subsection (2) does not apply to benefits, facilities or services of any description if the employer is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public comprising the employee in question, unless—

(a) that provision differs in a material respect from the provision of the benefits, facilities or services by the employer to his employees; or

(b) the provision of the benefits, facilities or services to the employee in question is regulated by his contract of employment; or

(c) the benefits, facilities or services relate to training.

[F7 (4A) In subsection (2)(c) reference to the dismissal of a person from employment includes, where the discrimination is on grounds of race or ethnic or national origins, reference—

(a) to the termination of that person’s employment 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 is renewed on the same terms; and

(b) to the termination of that person’s employment 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.]

Textual Amendments

F4 S. 4: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 6(1)

F5 S. 4(2A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 6(2)(a)

F6 Words in s. 4(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 6(2)(b)

F7 S. 4(4A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 6(2)(c)

Modifications etc. (not altering text)

C8 S. 4 modified by S.I. 1989/901, art. 3, Sch.

S. 4 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

S. 4 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. (which S.I. is revoked (E.) (1.9.2003) by S.I. 2003/1964, art. 1(3) and (W.) 12.5.2006 by S.I. 2006/1073, art. 1(3))

S. 4 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

S. 4 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.

4A Exception for genuine occupational requirement E+W+S

(1) In relation to discrimination on grounds of race or ethnic or national origins—

(a) section 4(1)(a) or (c) does not apply to any employment; and

(b) section 4(2)(b) does not apply to promotion or transfer to, or training for, any employment; and

(c) section 4(2)(c) does not apply to dismissal from any employment;

where subsection (2) applies.

(2) This subsection applies where, having regard to the nature of the employment or the context in which it is carried out—

(a) being of a particular race or of particular ethnic or national origins is a genuine and determining occupational requirement;

(b) it is proportionate to apply that requirement in the particular case; and

(c) either—

(i) the person to whom that requirement is applied does not meet it, or

(ii) the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it.

5 Exceptions for genuine occupational qualifications. E+W+S

(1) In relation to racial discrimination [F8 in cases where section 4A does not apply]—

(a) section 4(1)(a) or (c) does not apply to any employment where being of a particular racial group is a genuine occupational qualification for the job; and

(b) section 4(2)(b) does not apply to opportunities for promotion or transfer to, or training for, such employment.

(2) Being of a particular racial group is a genuine occupational qualification for a job only where—

(a) the job involves participation in a dramatic performance or other entertainment in a capacity for which a person of that racial group is required for reasons of authenticity; or

(b) the job involves participation as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of that racial group is required for reasons of authenticity; or

(c) the job involves working in a place where food or drink is (for payment or not) provided to and consumed by members of the public or a section of the public in a particular setting for which, in that job, a person of that racial group is required for reasons of authenticity; or

(d) the holder of the job provides persons of that racial group with personal services promoting their welfare, and those services can most effectively be provided by a person of that racial group.

(3) Subsection (2) applies where some only of the duties of the job fall within paragraph (a), (b), (c) or (d) as well as where all of them do.

(4) Paragraph (a), (b), (c) or (d) of subsection (2) does not apply in relation to the filling of a vacancy at a time when the employer already has employees of the racial group in question—

(a) who are capable of carrying out the duties falling within that paragraph; and

(b) whom it would be reasonable to employ on those duties; and

(c) whose numbers are sufficient to meet the employer’s likely requirements in respect of those duties without undue inconvenience.

Textual Amendments

F8 Words in s. 5(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 8

Modifications etc. (not altering text)

C9 S. 5 modified by S.I. 1989/901, art. 3, Sch.

S. 5 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

S. 5 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. (which S.I. is revoked (E.) (1.9.2003) by S.I. 2003/1964, art. 1(3) and (W.) 12.5.2006 by S.I. 2006/1073, art. 1(3))

S. 5 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

S. 5 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.

6 Exception for employment intended to provide training in skills to be exercised outside Great Britain. E+W+S

—Nothing in section 4 shall render unlawful any act done by an employer [F9 , on grounds other than those of race or ethnic or national origins,] for the benefit of a person not ordinarily resident in Great Britain in or in connection with employing him at an establishment in Great Britain, where the purpose of that employment is to provide him with training in skills which he appears to the employer to intend to exercise wholly outside Great Britain.

Textual Amendments

F9 Words in s. 6 inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 9

7 F10 . . . contract workers. E+W+S

(1) This section applies to any work for a person (“the principal") which is available for doing by individuals (“contract workers") who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal.

(2) It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker—

(a) in the terms on which he allows him to do that work; or

(b) by not allowing him to do it or continue to do it; or

(c) in the way he affords him access to any benefits, facilities or services or by refusing or deliberately omitting to afford him access to them; or

(d) by subjecting him to any other detriment.

(3) The principal does not contravene subsection (2)(b) by doing any act in relation to a person not of a particular racial group [F11 , or not of a particular race or particular ethnic or national origins,] at a time when, if the work were to be done by a person taken into the principal’s employment, being of that racial group [F12 or of that race or those origins] would be a genuine occupational qualification [F13 or, as the case may be, that act would be lawful by virtue of section 4A] for the job.

[F14 (3A) It is unlawful for the principal, in relation to work to which this section applies, to subject a contract worker to harassment.]

(4) Nothing in this section shall render unlawful any act done by the principal [F15 on grounds other than those of race or ethnic or national origins,] for the benefit of a contract worker not ordinarily resident in Great Britain in or in connection with allowing him to do work to which this section applies, where the purpose of his being allowed to do that work is to provide him with training in skills which he appears to the principal to intend to exercise wholly outside Great Britain.

(5) Subsection (2)(c) does not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his contract workers.

Textual Amendments

F10 S. 7: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(1)

F11 Words in s. 7(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(a)(i)

F12 Words in s. 7(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(a)(ii)

F13 Words in s. 7(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(a)(iii)

F14 S. 7(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(b)

F15 Words in s. 7(4) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(c)

Modifications etc. (not altering text)

C10 S. 7 modified by S.I. 1989/901, art. 3, Sch.

S. 7 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

S. 7 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. (which S.I. is revoked (E.) (1.9.2003) by S.I. 2003/1964, art. 1(3) and (W.) 12.5.2006 by S.I. 2006/1073, art. 1(3))

S. 7 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

S. 7 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.

8 Meaning of employment at establishment in Great Britain. E+W+S

(1) For the purposes of this Part (“the relevant purposes"), employment is to be regarded as being at an establishment in Great Britain [F16 if the employee—

(a) does his work wholly or partly in Great Britain; or

(b) does his work wholly outside Great Britain and subsection (1A) applies]

[F17 (1A) This subsection applies if, in a case involving discrimination on grounds of race or ethnic or national origins, or harassment—

(a) the employer has a place of business at an establishment in Great Britain;

(b) the work is for the purposes of the business carried on at that establishment; and

(c) the employee is ordinarily resident in Great Britain—

(i) at the time when he applies for or is offered the employment, or

(ii) at any time during the course of the employment.]

F18 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of employment on board a ship registered at a port of registry in Great Britain (except where the employee does his work wholly outside Great Britain) the ship shall for the relevant purposes be deemed to be the establishment.

(4) Where work is not done at an establishment it shall be treated for the relevant purposes as done at the establishment from which it is done or (where it is not done from any establishment) at the establishment with which it has the closest connection.

(5) In relation to employment concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources, Her Majesty may by Order in Council provide that subsections (1) to (3) shall have effect as if in both subsection (1) and subsection (3) the last reference to Great Britain included any area for the time being designated under section 1(7) of the M1 Continental Shelf Act 1964, except an area or part of an area in which the law of Northern Ireland applies.

(6) An Order in Council under subsection (5) may provide that, in relation to employment to which the Order applies, this Part is to have effect with such modifications as are specified in the Order.

(7) An Order in Council under subsection (5) shall be of no effect unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

F16 Words in s. 8(1) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 11(1)

F17 S. 8(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 11(2)

F18 S. 8(2) omitted (16.12.1999) by virtue of S.I. 1999/3163, reg. 3

Modifications etc. (not altering text)

C11 S. 8(1)–(3) extended by S.I. 1987/929, art. 2

C12 S. 8(5) extended by Employment (Continental Shelf) Act 1978 (c. 46), s. 1(2)

Marginal Citations

M1 1964 c. 29.

9 Exception for seamen recruited abroad. E+W+S

(1) Nothing in section 4 shall render unlawful any act done by an employer in or in connection with employment by him on any ship in the case of a person who applied or was engaged for that employment outside Great Britain [F19 to the extent that the act—

(a) relates to the pay the person receives in respect of his employment, and

(b) amounts to discrimination against the person on the basis of his nationality.]

(2) Nothing in section 7 shall, as regards work to which that section applies, render unlawful any act done by the principal in or in connection with such work on any ship in the case of a contract worker who was engaged outside Great Britain by the person by whom he is supplied [F20 to the extent that the act—

(a) relates to the pay the person receives in respect of the work, and

(b) amounts to discrimination against the person on the basis of his nationality.]

(3) Subsections (1) and (2) do not apply to employment or work concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources in any area for the time being designated under section 1(7) of the M2 Continental Shelf Act 1964, not being an area or part of an area in which the law of Northern Ireland applies.

(4) For the purposes of subsection (1) a person brought to Great Britain with a view to his entering into an agreement in Great Britain to be employed on any ship shall be treated as having applied for the employment outside Great Britain.

[F21 (5) In this section—

• “pay” includes retirement or death benefit;

• “retirement or death benefit” means a pension, annuity, lump sum, gratuity or other similar benefit which will be paid or given to the employee or contract worker or a member of his family or household in the event of his retirement or death.]

Textual Amendments

F19 Words in s. 9(1) added (19.7.2003) by The Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003 (S.I. 2003/1651), art. 2(2)

F20 Words in s. 9(2) added (19.7.2003) by The Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003 (S.I. 2003/1651), art. 2(3)

F21 S. 9(5) added (19.7.2003) by The Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003 (S.I. 2003/1651), art. 2(4)

Marginal Citations

M2 1964 c. 29.

Discrimination by other bodies E+W+S

10 Partnerships. E+W+S

(1) It is unlawful for a firm consisting of six or more partners, in relation to a position as partner in the firm, to discriminate against a person—

(a) in the arrangements they make for the purpose of determining who should be offered that position; or

(b) in the terms on which they offer him that position; or

(c) by refusing or deliberately omitting to offer him that position; or

(d) in a case where the person already holds that position—

(i) in the way they afford him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(ii) by expelling him from that position, or subjecting him to any other detriment.

[F22 (1A) The limitation of subsection (1) to six or more partners does not apply in relation to discrimination on grounds of race or ethnic or national origins.

(1B) It is unlawful for a firm, in relation to a position as a partner in the firm, to subject to harassment a person who holds or has applied for that position.]

(2) [F23 Subsections (1), (1A) and (1B)] shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.

(3) Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, [F24 section 4A or 5 would apply to such employment].

(4) In the case of a limited partnership references in this section to a partner shall be construed as references to a general partner as defined in section 3 of the M3 Limited Partnerships Act 1907.

[F25 (5) This section applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.]

[F26 (6) In subsection (1)(d)(ii) reference to the expulsion of a person from a position as partner includes, where the discrimination is on grounds of race or ethnic or national origins, reference—

(a) to the termination of that person’s 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 partnership is renewed on the same terms; and

(b) to the termination of that person’s 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 other partners.]

Textual Amendments

F22 S. 10(1A)(1B) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 12(a)

F23 Words in s. 10(2) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 12(b)

F24 Words in s. 10(3) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 12(c)

F25 S. 10(5) inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 7.

F26 S. 10(6) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 12(d)

Marginal Citations

M3 1907 c. 24.

11 Trade unions etc. E+W+S

(1) This section applies to an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

(2) It is unlawful for an organisation to which this section applies, in the case of a person who is not a member of the organisation, to discriminate against him—

(a) in the terms on which it is prepared to admit him to membership; or

(b) by refusing or deliberately omitting to accept, his application for membership.

(3) It is unlawful for an organisation to which this section applies, in the case of a person who is a member of the organisation, to discriminate against him—

(a) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(b) by depriving him of membership, or varying the terms on which he is a member; or

(c) by subjecting him to any other detriment.

[F27 (4) It is unlawful for an organisation to which this section applies, in relation to a person’s membership or application for membership of that organisation, to subject him to harassment.]

Textual Amendments

F27 S. 11(4) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 13

12 Qualifying bodies. E+W+S

(1) It is unlawful for an authority or body which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a person—

(a) in the terms on which it is prepared to confer on him that authorisation or qualification; or

(b) by refusing, or deliberately omitting to grant, his application for it; or

(c) by withdrawing it from him or varying the terms on which he holds it.

[F28 (1A) It is unlawful for an authority or body to which subsection (1) applies, in relation to an authorisation or qualification conferred by it, to subject to harassment a person who holds or applies for such an authorisation or qualification.]

(2) In this section—

(a) “authorisation or qualification” includes recognition, registration, enrolment, approval and certification;

(b) “confer” includes renew or extend.

[F29 (3) Subsections (1) and (1A) do not apply to discrimination or harassment which is rendered unlawful by section 17 or 18.]

Textual Amendments

F28 S. 12(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 14(a)

F29 S. 12(3) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 14(b)

[F30 13 Persons concerned with provision of vocational training. E+W+S

(1) It is unlawful, in the case of an individual seeking or undergoing training which would help fit him for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against him–

(a) in the terms on which that person affords him access to any training course or other facilities concerned with such training; or

(b) by refusing or deliberately omitting to afford him such access; or

(c) by terminating his training; or

(d) by subjecting him to any detriment during the course of his training.

(2) Subsection (1) does not apply to—

(a) discrimination which is rendered unlawful by section 4(1) or (2) or section 17 or 18; or

(b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act.

[F31 (3) It is unlawful for any person who provides, or makes arrangements for the provision of, facilities for training to which subsection (1) applies, in relation to such facilities or training, to subject to harassment a person to whom he provides such training or who is seeking to undergo such training.

(4) Subsection (3) does not apply to harassment which is rendered unlawful by section 4(2A) or by section 17 or 18.]]

Textual Amendments

F30 S. 13 substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(2)

F31 S. 13(3)(4) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 15

14 Employment agencies. E+W+S

(1) It is unlawful for an employment agency to discriminate against a person—

(a) in the terms on which the agency offers to provide any of its services; or

(b) by refusing or deliberately omitting to provide any of its services; or

(c) in the way it provides any of its services.

[F32 (1A) It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a person to whom it provides such services or who requests the provision of such services.]

[F33 (2) It is unlawful for a [F34 local authority] or education authority or any other person to do any act in providing services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 which constitutes discrimination [F35 or harassment] .]

(3) References in [F36 subsections (1) and (1A)] to the services of an employment agency include guidance on careers and any other services related to employment.

(4) This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person in question.

(5) An employment agency or [F34 local authority][F37 , education authority or other person] shall not be subject to any liability under this section if it proves—

(a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (4), its action would not be unlawful; and

(b) that it was reasonable for it to rely on the statement.

(6) A person who knowingly or recklessly makes a statement such as is referred to in subsection (5)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F38 level 5 on the standard scale].

Textual Amendments

F32 S. 14(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(a)

F33 S. 14(2) substituted (1.4.1994 for E. and S. and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 9(a); S.I. 1993/2503, art. 2(3), Sch. 3.

F34 Words in s. 14 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 30(2)

F35 Words in s. 14(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(b)

F36 Words in s. 14(3) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(c)

F37 Words in s. 14(5) substituted (1.4.1994 for E. and S. and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 9(b); S.I. 1993/2503, art. 2(3), Sch. 3.

F38 Words 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

15 Manpower Services Commission etc. E+W+S

[F39 (1) It is unlawful for the [F40 Secretary of State F41 . . . F42 . . . ] to discriminate [F43 or to subject a person to harassment] in the provision of facilities or services under section 2 of the Employment and Training Act 1973]

[F44 (1A) It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate [F43 or to subject a person to harassment] in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements analogous to arrangements in pursuance of section 2 of the said Act of 1973).]

(2) This section does not apply in a case where—

(a) section 13 applies; or

(b) the [F45 Secretary of State] is acting as an employment agency.

Textual Amendments

F39 S. 15(1) substituted by Employment and Training Act 1981 (c. 57, SIF 43:1), s. 9, Sch. 2 para. 20

F40 Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 3 Pt. II para. 12(2)

F41 Words in s. 15(1) repealed (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(2)

F42 Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I

F43 Words in s. 15(1)(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 17

F44 S. 15(1A) inserted (S.) (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 18

F45 Words substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 29(3), Sch. 6 para. 15

Police E+W+S

F46 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F46 S. 16 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Part III E+W+S Discrimination in other fields

Modifications etc. (not altering text)

C13 Pt. III (ss. 17-27) applied (1.9.1999) by 1998 c. 31, ss. 24, Sch. 4 para. 8(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Education E+W+S

17 F47 . . . bodies in charge of educational establishments. E+W+S

[F48 (1)] It is unlawful, in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body") to discriminate against a person—

(a) in the terms on which it offers to admit him to the establishment as a pupil; or

(b) by refusing or deliberately omitting to accept an application for his admission to the establishment as a pupil; or

(c) where he is a pupil of the establishment—

(i) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(ii) by excluding him from the establishment or subjecting him to any other detriment.

Table

Establishment	Responsible body
ENGLAND AND WALES
1. Educational establishment maintained by a [F49 local authority].	[F49 local authority] or [F50 managers or][F51 governing body], according to which of them has the function in question.
2. Independent school not being a special school.	Proprietor.
3. Special school not maintained by a [F49 local authority].	Proprietor.
F52 . . .	F52 . . ..
[F53 3B. Institution within the further education sector (within the meaning of section 91(3) of the further and Higher Education Act 1992).]	[F53 Governing body]
4. University.	Governing body.
[F54 4A. Institution , other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).]	[F54 Governing body.]
5. Establishment (not falling within paragraphs 1 [F55 to 4A]) providing full-time or part-time education, being an establishment designated under section 24(1) of the Sex Discrimination Act 1975 for the purposes of paragraph 5 of the corresponding table in section 22 of that Act.	Governing body.
SCOTLAND
6. Educational establishment managed by an education authority.	Education authority.
7. Educational establishment in respect of which the managers are for the time being receiving grants under section [F56 [F57 73 (d)]of the Education (Scotland) Act 1980].	Managers of the educational establishment.
[F58 7AA. A grant aided school, within the meaning of section 135 of the Education (Scotland) Act 1980.]	[F58 The managers of the school.]
[F59 7A. Self-governing school.]	[F59 Board of management.]
[F60 7B. College of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management.]	[F60 Board of management.]
[F61 7C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.]	[F61 Governing body.]
8. University	Governing body.
9. Independent school.	Proprietor.
10. Any other educational establishment (not falling within paragraphs 6, 7 and 9) providing full or part-time school education or further education.	Managers of the educational establishment.

[F62 (2) It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in subsection (1), to subject to harassment—

(a) a person who applies for admission to the establishment as a pupil; or

(b) a pupil at the establishment.]

Textual Amendments

F47 S. 17: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(1)

F48 S. 17 renumbered (19.7.2003) as s. 17(1) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(2)

F49 Words in s. 17 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 30(2)

F50 Words repealed (E.W.) by Education Act 1980 (c. 20, SIF 41:1), Sch. 1 para. 28

F51 Words in s. 17 Table substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 7 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F52 Words in s. 17 Table repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F53 S. 17 Table para. 3B inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(1)(2); S.I. 1992/831, art. 2, Sch. 1.

F54 S. 17 Table para. 4A substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(3); S.I. 1992/831, art. 2, Sch. 1.

F55 Words in s. 17 Table para. 5 substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(4); S.I. 1992/831, art. 2, Sch. 1.

F56 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 12

F57 Words in para. 7 of Table in s. 17 substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F58 Para. 7AA of Table in s. 17 inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F59 Para. 7A of Table in s. 17 repealed (S.) (31.12.2004) by 2000 asp. 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2

F60 S. 17 Table para. 7B inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(a); S.I. 1992/817, art. 3(2), Sch. 1.

F61 S. 17 Table para. 7C inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(b); S.I. 1992/817, art. 3(2), Sch. 1.

F62 S. 17(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(2)

Modifications etc. (not altering text)

C14 S. 17 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 17 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

[F63 17A Meaning of pupil in section 17. E+W+S

For the purposes of section 17, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.]

Textual Amendments

F63 S. 17A inserted (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para.86; S.I. 1992/831, art. 2, Sch.4.

18 Other discrimination [F64 etc.] by local education authorities. E+W+S

(1) It is unlawful for a [F65 local authority], in carrying out such of its functions under [F66 the Education Acts]as do not fall under section 17, to do any act which constitutes racial discrimination [F67 or harassment] .

(2) It is unlawful for an education authority, in carrying out such of its functions under [F68 the Education (Scotland) [F69 Act 1980]] as do not fall under section 17, to do any act which constitutes racial discrimination [F67 or harassment] .

Textual Amendments

F64 S. 18: word in heading inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(1)

F65 Words in s. 18 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 30(2)

F66 Words in s. 18(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 39 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)

F67 Words in s. 18 inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)

F68 Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 33(2)

F69 Words substituted (S.) by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 13

[F70 18A [F71 Discrimination by further and higher education funding bodies] E+W+S

It is unlawful for [F72 the [F73 Young People's Learning Agency for England, the Chief Executive of Skills Funding], ] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [F74 the Education Acts]. . . to do any act which constitutes racial discrimination [F75 or harassment] .]

Textual Amendments

F70 S. 18A inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 87; S.I. 1992/831, art. 2, Sch. 1.

F71 S. 18A title substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 10(c) (with art. 2(3))

F72 Words in s. 18A substituted (28.7.2000 for specified purposes and 1.4.2001 otherwise so far as relating to England and Wales) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 9(a); S.I. 2001/654, art. 2(2), Sch. Pt. II (subject to savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to savings and transitional provisions in art. 3)

F73 Words in s. 18A substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 10(a) (with art. 2(3))

F74 Words in s. 18A substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 40 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)

F75 Words in s. 18A inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)

18B F76 . . . Scottish Further and Higher Education Funding Councils. E+W+S

F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 S. 18B: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)

F77 S. 18B repealed (S.) (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 32, Sch. 3 para. 4(a); S.S.I. 2005/419, art. 2(1)

[F78 18BA Scottish Further and Higher Education Funding Council E+W+S

It is unlawful for the Scottish Further and Higher Education Funding Council in carrying out any of its functions to do any act which constitutes racial discrimination or harassment.]

Textual Amendments

F78 S. 18BA inserted (3.10.2005) by The Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077), art. 5(a)

F79 18C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F79 S. 18C repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

[F82 18D F80 . . . [F81 Training and Development Agency for Schools]. E+W+S

It is unlawful for the [F81 Training and Development Agency for Schools] in carrying out their functions under [F83 any enactment] to do any act which constitutes racial discrimination [F84 or harassment] .]

Textual Amendments

F80 S. 18D: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)

F81 Words in s. 18D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 7(a)

F82 S. 18D inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 6(3); S.I. 1994/2204, art. 2(1)

F83 Words in s. 18D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 7(b)

F84 Words in s. 18D inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)

F85 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F85 S. 19 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F86 19ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F86 S. 19ZA repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

[F87 Planning] E+W+S

Textual Amendments

F87 S. 19A inserted by Housing and Planning Act 1986 (c. 63, SIF 106:1), s. 55

19A Discrimination by planning authorities. E+W+S

(1) It is unlawful for a planning authority to discriminate against a person in carrying out their planning functions.

(2) In this section “planning authority”means—

(a) in England and Wales, a county [F88 county borough,], district or London borough council [F89 the Broads Authority [F90 a National Park authority or]], a joint planning board F91 . . . and

(b) in Scotland, a planning authority or regional planning authority,

and includes an urban development corporation and a body having functions (whether as an enterprise zone authority or a body invited to prepare a scheme) under Schedule 32 to the Local Government, Planning and Land Act 1980.

(3) In this section “planning functions”means—

(a) in England and Wales, functions under [F92 the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990]and such other functions as may be prescribed, and

(b) in Scotland, functions under [F93 the Town and Country Planning (Scotland) Act 1997, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the Planning (Hazardous Substances) (Scotland) Act 1997] or Part IX of the Local Government (Scotland) Act 1973, and such other functions as may be prescribed,

and includes, in relation to an urban development corporation, planning functions under Part XVI of the Local Government, Planning and Land Act 1980 and, in relation to an enterprise zone authority or body invited to prepare an enterprise zone scheme, functions under Part XVIII of that Act.

Textual Amendments

F88 Words in s. 19A(2)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 52 (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1) 23(2)); S.I. 1996/396, art. 4, Sch. 2

F89 Words inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), Sch. 3 para. 29, Sch. 7

F90 Words in s. 19A(2)(a) inserted (E.W.) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 15(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F91 Words in s. 19A(2)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F92 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 36

F93 Words in s. 19A(3)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 26 (with s. 5, Sch. 3)

Modifications etc. (not altering text)

C15 S. 19A(3): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch.1

[F94 Public authorities] E+W+S

Textual Amendments

F94 Ss. 19B-19F and cross-heading inserted (26.3.2001 for specified purposes otherwise 2.4.2001) by 2000 c. 34, s. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)(2)

F96 19B F95 . . . public authorities. E+W+S

(1) It is unlawful for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination.

[F97 (1A) It is unlawful for a public authority to subject a person to harassment in the course of carrying out any functions of the authority which consist of the provision of—

(a) any form of social security;

(b) healthcare;

(c) any other form of social protection; or

(d) any form of social advantage,

which does not fall within section 20.]

(2) In this section “public authority”—

(a) includes any person certain of whose functions are functions of a public nature; but

(b) does not include any person mentioned in subsection (3).

(3) The persons mentioned in this subsection are—

(a) either House of Parliament;

(b) a person exercising functions in connection with proceedings in Parliament;

(c) the Security Service;

(d) the Secret Intelligence Service;

(e) the Government Communications Headquarters; and

(f) any unit or part of a unit of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

(4) In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.

(5) This section is subject to sections 19C to 19F.

(6) Nothing in this section makes unlawful any act of discrimination [F98 or harassment] which—

(a) is made unlawful by virtue of any other provision of this Act; or

(b) would be so made but for any provision made by or under this Act.

Textual Amendments

F95 S. 19B: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 20(1)

F96 Ss. 19B-19F and cross-heading inserted (26.3.2001 for specified purposes otherwise 2.4.2001) by 2000 c. 34, s. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)(2)

F97 S. 19B(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 20(2)(a)

F98 Words in s. 19B(6) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 20(2)(b)

Modifications etc. (not altering text)

C16 S. 19B extended (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), arts. 1(2), 11(3)

F99 19C Exceptions or further exceptions from section 19B for judicial and legislative acts etc. E+W+S

(1) Section 19B does not apply to—

(a) any judicial act (whether done by a court, tribunal or other person); or

(b) any act done on the instructions, or on behalf, of a person acting in a judicial capacity.

(2) Section 19B does not apply to any act of, or relating to, making, confirming or approving any enactment or Order in Council or any instrument made by a Minister of the Crown under an enactment.

(3) Section 19B does not apply to any act of, or relating to, making or approving arrangements, or imposing requirements or conditions, of a kind [F100 excepted by] section 41.

(4) Section 19B does not apply to any act of, or relating to, imposing a requirement, or giving an express authorisation, of a kind mentioned in section 19D(3) in relation to the carrying out of [F101 immigration functions] .

(5) In this section—

• “ [F102 immigration functions]” has the meaning given in section 19D; and

• “Minister of the Crown” includes the [F103 Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government] and a member of the Scottish Executive.

Textual Amendments

F99 Ss. 19B-19F and cross-heading inserted (26.3.2001 for specified purposes otherwise 2.4.2001) by 2000 c. 34, s. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)(2)

F100 Words in s. 19C(3) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 21

F101 Words in s. 19C(4) substituted (4.4.2003) by The Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003 (S.I. 2003/1016), art. 3, Sch. para. 2

F102 Words in s. 19C(5) substituted (4.4.2003) by The Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003 (S.I. 2003/1016), art. 3, Sch. para. 2

F103 Words in s. 19C(5) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 11

F104 19D Exception from section 19B for certain acts in immigration and nationality cases. E+W+S

(1) Section 19B does not make it unlawful for a relevant person to discriminate against another person on grounds of nationality or ethnic or national origins in carrying out [F105 immigration functions].

(2) For the purposes of subsection (1), “relevant person” means—

(a) a Minister of the Crown acting personally; or

(b) any other person acting in accordance with a relevant authorisation.

(3) In subsection (2), “relevant authorisation” means a requirement imposed or express authorisation given—

(a) with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b) with respect to a particular class of case—

(i) by any of the enactments mentioned in subsection (5); or

(ii) by any instrument made under or by virtue of any of those enactments.

[F106 (4) In subsection (1) “immigration functions” means functions exercisable by virtue of any of the enactments mentioned in subsection (5).

(5) Those enactments are—

(a) the Immigration Acts [F107 (within the meaning of section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004)] excluding sections 28A to 28K of the Immigration Act 1971 (c. 77) so far as they relate to offences under Part III of that Act [F108 and excluding section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004] ;

(b) the Special Immigration Appeals Commission Act 1997 (c. 68);

(c) provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to immigration or asylum; and

(d) any provision of Community law which relates to immigration or asylum.]

Textual Amendments

F104 Ss. 19B-19F and cross-heading inserted (26.3.2001 for specified purposes otherwise 2.4.2001) by 2000 c. 34, s. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)(2)

F105 Words in s. 19D(1) substituted (7.11.2002) by 2002 c. 41, s. 6(2), (with s. 159)

F106 S. 19D(4)(5) substituted (7.11.2002) by 2002 c. 41, s. 6(3), (with s. 159)

F107 Words in s. 19D(5)(a) substituted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 14(4)(a); S.I. 2004/2999, art. 2, Sch.

F108 Words in s. 19D(5)(a) inserted (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 14(4)(b); S.I. 2004/2999, art. 2, Sch.

Modifications etc. (not altering text)

C17 S. 19D extended (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), arts. 1(2), 11(3)

F109 19E Monitoring of exception in relation to immigration and nationality cases. E+W+S

F110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Ss. 19B-19F and cross-heading inserted (26.3.2001 for specified purposes otherwise 2.4.2001) by 2000 c. 34, s. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)(2)

F110 S. 19E repealed (1.4.2008) by UK Borders Act 2007 (c. 30), ss. 54, 58, 59, Sch.; S.I. 2008/309, art. 4(e)(h)

F111 19F Exceptions from section 19B for decisions not to prosecute etc. E+W+S

Section 19B does not apply to—

(a) a decision not to institute criminal proceedings and, where such a decision has been made, any act done for the purpose of enabling the decision whether to institute criminal proceedings to be made;

(b) where criminal proceedings are not continued as a result of a decision not to continue them, the decision and, where such a decision has been made—

(i) any act done for the purpose of enabling the decision whether to continue the proceedings to be made; and

(ii) any act done for the purpose of securing that the proceedings are not continued.

Textual Amendments

F111 Ss. 19B-19F and cross-heading inserted (26.3.2001 for specified purposes otherwise 2.4.2001) by 2000 c. 34, s. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)(2)

Goods, facilities, services and premises E+W+S

20 F112 . . . provision of goods, facilities or services. E+W+S

(1) It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a person who seeks to obtain or use those goods, facilities or services—

(a) by refusing or deliberately omitting to provide him with any of them; or

(b) by refusing or deliberately omitting to provide him with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in the first-mentioned person’s case in relation to other members of the public or (where the person so seeking belongs to a section of the public) to other members of that section.

(2) The following are examples of the facilities and services mentioned in subsection (1)—

(a) access to and use of any place which members of the public are permitted to enter;

(b) accommodation in a hotel, boarding house or other similar establishment;

(c) facilities by way of banking or insurance or for grants, loans, credit or finance;

(d) facilities for education;

(e) facilities for entertainment, recreation or refreshment;

(f) facilities for transport or travel;

(g) the services of any profession or trade, or any local or other public authority.

[F113 (3) It is unlawful for any person concerned with the provision of goods, facilities or services as mentioned in subsection (1), in relation to such provision, to subject to harassment—

(a) a person who seeks to obtain or use those goods, facilities or services, or

(b) a person to whom he provides those goods, facilities or services.]

Textual Amendments

F112 S. 20: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 22(1)

F113 S. 20(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 22(2)

21 F114 . . . disposal or management of premises. E+W+S

(1) It is unlawful for a person, in relation to premises in Great Britain of which he has power to dispose, to discriminate against another—

(a) in the terms on which he offers him those premises; or

(b) by refusing his application for those premises; or

(c) in his treatment of him in relation to any list of persons in need of premises of that description.

(2) It is unlawful for a person, in relation to premises managed by him, to discriminate against a person occupying the premises—

(a) in the way he affords him access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or

(b) by evicting him, or subjecting him to any other detriment.

[F115 (2A) It is unlawful for a person, in relation to such premises as are referred to in subsection (1) or (2), to subject to harassment a person who applies for or, as the case may be, occupies such premises.]

(3) Subsection (1) does not apply to [F116 discrimination, on grounds other than those of race or ethnic or national origins, by] a person who owns an estate or interest in the premises and wholly occupies them unless he uses the services of an estate agent for the purposes of the disposal of the premises, or publishes or causes to be published an advertisement in connection with the disposal.

Textual Amendments

F114 S. 21: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 23(1)

F115 S. 21(2A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 23(2)(a)

F116 Words in s. 21(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 23(2)(b)

22 Exception from ss. 20(1) and 21: small dwellings. E+W+S

(1) Sections 20(1) and 21 do not apply to [F117 discrimination on grounds other than those of race or ethnic or national origins in either] the provision by a person of accommodation in any premises, or the disposal of premises by him, if—

(a) that person or a near relative of his (“the relevant occupier") resides, and intends to continue to reside, on the premises; and

(b) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household; and

(c) the premises are small premises.

(2) Premises shall be treated for the purposes of this section as small premises if—

(a) in the case of premises comprising residential accommodation for one or more households (under separate letting or similar agreements) in addition to the accommodation occupied by the relevant occupier, there is not normally residential accommodation for more than two such households and only the relevant occupier and any member of his household reside in the accommodation occupied by him;

(b) in the case of premises not falling within paragraph (a), there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

Textual Amendments

F117 Words in s. 22(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 24

23 Further exceptions from [F118 ss 20] and 21. E+W+S

(1) Sections [F119 20] and 21 do not apply—

(a) to discrimination [F120 or harassment] which is rendered unlawful by any provision of Part II or section 17 or 18; or

(b) to discrimination which would be rendered unlawful by any provision of Part II but for any of the following provisions, namely sections 4(3) [F121 , 4A(1)(b)] , 5(1)(b), 6, 7(4), 9 and 14(4).

(2) Section 20(1) does not apply to anything done by a person as a participant in arrangements under which he (for reward or not) takes into his home, and treats as if they were members of his family, children, elderly persons, or persons requiring a special degree of care and attention.

Textual Amendments

F118 S. 23: words in heading substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 25(1)

F119 Words in s. 23(1) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 25(2)(a)

F120 Words in s. 23(1)(a) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 25(2)(b)

F121 Words in s. 23(1)(b) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 25(2)(c)

24 F122 . . . consent for assignment or sub-letting. E+W+S

(1) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Great Britain comprised in a tenancy, it is unlawful for the landlord or other person

[F123 (a) to discriminate against a person by withholding the licence or consent for disposal of the premises to him, or

(b) in relation to such a licence or consent, to subject to harassment a person who applies for the licence or consent, or from whom the licence or consent is withheld.]

(2) Subsection (1) does not apply [F124 to discrimination on grounds other than those of race or ethnic or national origins] if—

(a) the person withholding a licence of consent, or a near relative of his (“the relevant occupier") resides, and intends to continue to reside, on the premises; and

(b) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household; and

(c) the premises are small premises.

(3) Section 22(2) (meaning of “small premises") shall apply for the purposes of this as well as of that section.

(4) In this section “tenancy” means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any enactment; and “disposal”, in relation to premises comprised in a tenancy, includes assignment or assignation of the tenancy and sub-letting or parting with possession of the premises or any part of the premises.

(5) This section applies to tenancies created before the passing of this Act, as well as to others.

Textual Amendments

F122 S. 24: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 26(1)

F123 S. 24(1)(a)(b) substituted (19.7.2003) for words by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 26(2)(a)

F124 Words in s. 24(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 26(2)(b)

25 Discrimination: associations not within s. 11. E+W+S

(1) This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—

(a) it has twenty-five or more members; and

(b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 20(1); and

(c) it is not an organisation to which section 11 applies.

(2) It is unlawful for an association to which this section applies, in the case of a person who is not a member of the association, to discriminate against him—

(a) in the terms on which it is prepared to admit him to membership; or

(b) by refusing or deliberately omitting to accept his application for membership.

(3) It is unlawful for an association to which this section applies, in the case of a person who is a member or associate of the association, to discriminate against him—

(a) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(b) in the case of a member, by depriving him of membership, or varying the terms on which he is a member; or

(c) in the case of an associate, by depriving him of his rights as an associate, or varying those rights; or

(d) in either case, by subjecting him to any other detriment.

(4) For the purposes of this section—

(a) a person is a member of an association if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly;

(b) a person is an associate of an association to which this section applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).

26 Exception from s. 25 for certain associations. E+W+S

(1) An association to which section 25 applies is within this subsection if the main object of the association is to enable the benefits of membership (whatever they may be) to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour; and in determining whether that is the main object of an association regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons primarily enjoying the benefits of membership are of the racial group in question.

(2) In the case of an association within subsection (1), nothing in section 25 shall render unlawful any act not involving discrimination on the ground of colour.

[F125 Barristers] E+W+S

Textual Amendments

F125 Ss. 26A, 26B inserted by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 64(2), 65(2), Sch. 19 para. 1

26A F126 . . . barristers. E+W+S

(1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person—

(a) in the arrangements which are made for the purpose of determining to whom it should be offered;

(b) in respect of any terms on which it is offered; or

(c) by refusing, or deliberately omitting, to offer it to him.

(2) It is unlawful for a barrister or barrister’s clerk, in relation to a pupil or tenant in the chambers in question, to discriminate against him—

(a) in respect of any terms applicable to him as a pupil or tenant;

(b) in the opportunities for training, or gaining experience which are afforded or denied to him;

(c) in the benefits, facilities or services which are afforded or denied to him; or

(d) by terminating his pupillage or by subjecting him to any pressure to leave the chambers or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person [F127 or to subject any person to harassment].

[F128 (3A) It is unlawful for a barrister or barrister’s clerk, in relation to a pupillage or tenancy in the set of chambers in question, to subject to harassment a person who is, or has applied to be, a pupil or tenant.]

(4) In this section— “barrister’s clerk” includes any person carrying out any of the functions of a barrister’s clerk; and “pupil”, “pupillage”, “tenancy” and “tenant” have the meanings commonly associated with their use in the context of a set of barristers’ chambers.

(5) This section does not apply to Scotland.

Textual Amendments

F126 S. 26A: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 27(1)

F127 Words in s. 26A(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 27(2)(a)

F128 S. 26A(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 27(2)(b)

Advocates E+W+S

26B F129 . . . advocates. E+W+S

(1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person—

(a) in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

(b) in respect of any terms on which he offers to take any person as his pupil; or

(c) by refusing, or deliberately omitting, to take a person as his pupil.

(2) It is unlawful for an advocate, in relation to a person who is a pupil, to discriminate against him—

(a) in respect of any terms applicable to him as a pupil;

(b) in the opportunities for training, or gaining experience, which are afforded or denied to him;

(c) in the benefits, facilities or services which are afforded or denied to him; or

(d) by terminating the relationship or by subjecting him to any pressure to terminate the relationship or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against any person [F130 or to subject any person to harassment] .

[F131 (3A) It is unlawful for an advocate, in relation to taking any person as his pupil, to subject to harassment a person who has applied to be, or is, a pupil.]

(4) In this section— “advocate” means a member of the Faculty of Advocates practising as such; and “pupil” has the meaning commonly associated with its use in the context of a person training to be an advocate.

(5) This section does not apply to England and Wales.

Textual Amendments

F129 S. 26B: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 28(1)

F130 Words in s. 26B(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 28(2)(a)

F131 S. 26B(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 28(2)(b)

Extent E+W+S

27 Extent of Part III. E+W+S

(1) Sections 17 to [F132 18D] do not apply to benefits, facilities or services outside Great Britain except—

(a) travel in a ship registered at a port of registry in Great Britain; and

(b) benefits, facilities or services provided on a ship so registered.

[F133 (1A) In its application in relation to granting entry clearance (within the meaning of the M4 Immigration Act 1971) section 19B applies in relation to acts done outside the United Kingdom, as well as those done within Great Britain.]

(2) Section 20(1)—

(a) does not apply to goods, facilities or services outside Great Britain except as provided in subsections (3) and (4); and

(b) does not apply to facilities by way of banking or insurance or for grants, loans, credit or finance, where the facilities are for a purpose to be carried out, or in connection with risks wholly or mainly arising, outside Great Britain.

(3) Section 20(1) applies to the provision of facilities for travel outside Great Britain where the refusal or omission occurs in Great Britain or on a ship, aircraft or hovercraft within subsection (4).

(4) Section 20(1) applies on and in relation to—

(a) any ship registered at a port of registry in Great Britain; and

(b) any aircraft or hovercraft registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain,

even if the ship, aircraft or hovercraft is outside Great Britain.

(5) This section shall not render unlawful an act done in or over a country outside the United Kingdom, or in or over that country’s territorial waters, for the purpose of complying with the laws of that country.

Textual Amendments

F132 Words in s. 27(1) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 2 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F133 S. 27(1A) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Marginal Citations

M4 1971 c. 77.

Part IV E+W+S Other Unlawful Acts

Modifications etc. (not altering text)

C18 Part IV extended by Employment Protection Act 1975 (c. 71), s. 122(2)

27A Relationships which have come to an end E+W+S

(1) In this section a “relevant relationship” is a relationship during the course of which, by virtue of any provision referred to in section 1(1B), taken with section 1(1) or (1A), or (as the case may be) by virtue of section 3A—

(a) an act of discrimination by one party to the relationship (“the relevant party”) against another party to the relationship, on grounds of race or ethnic or national origins, or

(b) harassment of another party to the relationship by the relevant party,

is unlawful.

(2) Where a relevant relationship has come to an end it is unlawful for the relevant party—

(a) to discriminate against another party, on grounds of race or ethnic or national origins, by subjecting him to a detriment, or

(b) to subject another party to harassment,

where the discrimination or harassment arises out of and is closely connected to that relationship.

(3) In subsection (1) reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before 19th July 2003, reference to such an act which would, after that date, be unlawful.

(4) For the purposes of any proceedings in respect of an unlawful act under subsection (2), that act shall be treated as falling within circumstances relevant for the purposes of such of the provisions, or Parts, referred to in subsection (1) as determine most closely the nature of the relevant relationship.

28 Discriminatory practices. E+W+S

(1) In this section “discriminatory practice” means —

[F134 (a)] the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of Part II or III taken with section 1(1)(b), or which would be likely to result in such an act of discrimination if the persons to whom it is applied included persons of any particular racial group as regards which there has been no occasion for applying it

[F135 or

(b) the application of a provision, criterion or practice which results in an act of discrimination which is unlawful by virtue of any provision referred to in section 1(1B), taken with section 1(1A), or which would be likely to result in such an act of discrimination, if the persons to whom it is applied included persons of any particular race or of any particular ethnic or national origins, as regards which there has been no occasion for applying it].

(2) A person acts in contravention of this section if and so long as—

(a) he applies a discriminatory practice; or

(b) he operates practices or other arrangements which in any circumstances would call for the application by him of a discriminatory practice.

(3) Proceedings in respect of a contravention of this section shall be brought only by the Commission in accordance with [F136 sections 20 to 24 of the Equality Act 2006] .

Textual Amendments

F134 Word in s. 28(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 30(a)

F135 S. 28(1)(b) and preceding word inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 30(b)

F136 Words in s. 28(3) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 22 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

29 Discriminatory advertisements. E+W+S

(1) It is unlawful to publish or to cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do an act of discrimination, whether the doing of that act by him would be lawful or, by virtue of Part II or III, unlawful.

(2) Subsection (1) does not apply to an advertisement—

(a) if the intended act would be lawful by virtue of any of sections 5, 6, 7(3) and (4), 10(3), 26, 34(2)(b), 35 to 39 and 41; or

(b) if the advertisement relates to the services of an employment agency (within the meaning of section 14(1)) and the intended act only concerns employment which the employer could by virtue of section 5, 6 or 7(3) or (4) lawfully refuse to offer to persons against whom the advertisement indicates an intention to discriminate.

(3) Subsection (1) does not apply to an advertisement which indicates that persons of any class defined otherwise than by reference to colour, race or ethnic or national origins are required for employment outside Great Britain.

(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) or (3), 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 mentioned in subsection (4)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F137 level 5 on the standard scale].

[F138 (6) Proceedings in respect of a contravention of subsection (1) may be brought only—

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006.]

Textual Amendments

F137 Words 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

F138 S. 29(6) added (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 23 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

30 Instructions to [F139 commit unlawful acts]. E+W+S

[F140 (1)] It is unlawful for a person—

(a) who has authority over another person; or

(b) in accordance with whose wishes that other person is accustomed to act,

to instruct him to do any act which is unlawful by virtue of Part II or III, [F141 section 76ZA or, where it renders an act unlawful on grounds of race or ethnic or national origins, section 76,] or procure or attempt to procure the doing by him of any such act.

[F142 (2) Proceedings in respect of a contravention of subsection (1) may be brought only—

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006.]

Textual Amendments

F139 S. 30: words in heading substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 31(1)

F140 S. 30 renumbered (1.10.2007) as s. 30(1) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 24 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F141 Words in s. 30 inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 31(2)

F142 S. 30(2) added (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 24 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

31 Pressure to [F143 commit unlawful acts]. E+W+S

(1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part II or III [F144 section 76ZA or, where it renders an act unlawful on grounds of race or ethnic or national origins, section 76] .

(2) An attempted inducement is not prevented from falling within subsection (1) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.

[F145 (3) Proceedings in respect of a contravention of subsection (1) may be brought only—

(a) by the Commission, and

(b) in accordance with section 25 of the Equality Act 2006.]

Textual Amendments

F143 S. 31: words in heading substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 32(1)

F144 Words in s. 31(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 32(2)

F145 S. 31(3) added (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 25 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

32 Liability of employers and principals. E+W+S

(1) Anything done by a person in the course of his employment shall be treated for the purposes of this Act (except as regards offences thereunder) as done by his employer as well as by him, whether or not it was done with the employer’s knowledge or approval.

(2) Anything done by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of this Act (except as regards offences thereunder) as done by that other person as well as by him.

(3) In proceedings brought under this Act against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his employment acts of that description.

Modifications etc. (not altering text)

C19 S.32 modified by S.I. 1989/901, art. 3, Sch.

C20 S. 32 modified (2.3.1998) by S.I. 1998/218, art. 3, Sch.

S. 32 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. (which S.I. is revoked (E.) (1.9.2003) by S.I. 2003/1964, art. 1(3) and (W.) 12.5.2006 by S.I. 2006/1073, art. 1(3))

S. 32 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

S. 32 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.

33 Aiding unlawful acts. E+W+S

(1) A person who knowingly aids another person to do an act made unlawful by this Act shall be treated for the purposes of this Act as himself doing an unlawful act of the like description.

(2) For the purposes of subsection (1) an employee or agent for whose act the employer or principal is liable under section 32 (or would be so liable but for section 32(3)) shall be deemed to aid the doing of the act by the employer or principal.

(3) A person does not under this section knowingly aid another to do an unlawful act if—

(a) he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Act, the act which he aids would not be unlawful; and

(b) it is reasonable for him to rely on the statement.

(4) A person who knowingly or recklessly makes a statement such as is mentioned in subsection (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F146 level 5 on the standard scale].

Textual Amendments

F146 Words 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

Part V E+W+S Charities

34 Charities. E+W+S

(1) A provision which is contained in a charitable instrument (whenever that instrument took or takes effect) and which provides for conferring benefits on persons of a class defined by reference to colour shall have effect for all purposes as if it provided for conferring the like benefits—

(a) on persons of the class which results if the restriction by reference to colour is disregarded; or

(b) where the original class is defined by reference to colour only, on persons generally;

but nothing in this subsection shall be taken to alter the effect of any provision as regards any time before the coming into operation of this subsection.

(2) Nothing in Parts II to IV shall—

(a) be construed as affecting a provision to which this subsection applies; or

(b) render unlawful an act which is done in order to give effect to such a provision.

(3) Subsection (2) applies to any provision which is contained in a charitable instrument (whenever that instrument took or takes effect) and which provides for conferring benefits on persons of a class defined otherwise than by reference to colour (including a class resulting from the operation of subsection (1)).

[F147 (3A) subsection (2)(b) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of section 4 or 7.]

(4) In this section “charitable instrument” means an enactment or other instrument passed or made for charitable purposes, or an enactment or other instrument so far as it relates to charitable purposes, and in Scotland includes the governing instrument of an endowment or of an educational endowment as those expressions are defined in section 135(1) of the M5 Education (Scotland) Act 1962.

In the application of this section to England and Wales, “charitable purposes” means purposes which are exclusively charitable according to the law of England and Wales.

Textual Amendments

F147 S. 34(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 33

Marginal Citations

M5 1962 c. 47.

Part VI E+W+S General Exceptions From Parts II to IV

35 Special needs of racial groups in regard to education, training or welfare. E+W+S

—Nothing in Parts II to IV shall render unlawful any act done in affording persons of a particular racial group access to facilities or services to meet the special needs of persons of that group in regard to their education, training or welfare, or any ancillary benefits.

36 Provision of education or training for persons not ordinarily resident in Great Britain. E+W+S

—Nothing in Parts II to IV shall render unlawful any act done by a person [F148 , on grounds other than race or ethnic or national origins,] for the benefit of persons not ordinarily resident in Great Britain in affording them access to facilities for education or training or any ancillary benefits, where it appears to him that the persons in question do not intend to remain in Great Britain after their period of education or training there.

Textual Amendments

F148 Words in s. 36 inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 34

37 Discriminatory training by certain bodies. E+W+S

(1) Nothing in Parts II to IV shall render unlawful any act done in relation to particular work by [F149 any person] in or in connection with—

(a) affording only persons of a particular racial group access to facilities for training which would help to fit them for that work; or

(b) encouraging only persons of a particular racial group to take advantage of opportunities for doing that work,

where [F149 it reasonably appears to that person] that at any time within the twelve months immediately preceding the doing of the act—

(i) there were no persons of that group among those doing that work in Great Britain; or

(ii) the proportion of persons of that group among those doing that work in Great Britain was small in comparison with the proportion of persons of that group among the population of Great Britain.

(2) Where in relation to particular work [F150 it reasonably appears to any person] that although the condition for the operation of subsection (1) is not met for the whole of Great Britain it is met for an area within Great Britain, nothing in Parts II to IV shall render unlawful any act done by [F150 that person] in or in connection with—

(a) affording persons who are of the racial group in question, and who appear likely to take up that work in that area, access to facilities for training which would help to fit them for that work; or

(b) encouraging persons of that group to take advantage of opportunities in the area for doing that work.

[F151 (3) The preceding provisions of this section shall not apply to any discrimination which is rendered unlawful by section 4(1) or (2).]

Textual Amendments

F149 Words substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(3)(a)

F150 Words substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(3)(b)

F151 S. 37(3) substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(3)(c)

38 Other discriminatory training etc. E+W+S

(1) Nothing in Parts II to IV shall render unlawful any act done by an employer in relation to particular work in his employment at a particular establishment in Great Britain, being an act done in or in connection with—

(a) affording only those of his employees working at that establishment who are of a particular racial group access to facilities for training which would help to fit them for that work; or

(b) encouraging only persons of a particular racial group to take advantage of opportunities for doing that work at that establishment,

where any of the conditions in subsection (2) was satisfied at any time within the twelve months immediately preceding the doing of the act.

(2) Those conditions are—

(a) that there are no persons of the racial group in question among those doing that work at that establishment; or

(b) that the proportion of persons of that group among those doing that work at that establishment is small in comparison with the proportion of persons of that group—

(i) among all those employed by that employer there; or

(ii) among the population of the area from which that employer normally recruits persons for work in his employment at that establishment.

(3) Nothing in section 11 shall render unlawful any act done by an organisation to which that section applies in or in connection with—

(a) affording only members of the organisation who are of a particular racial group access to facilities for training which would help to fit them for holding a post of any kind in the organisation; or

(b) encouraging only members of the organisation who are of a particular racial group to take advantage of opportunities for holding such posts in the organisation,

where either of the conditions in subsection (4) was satisfied at any time within the twelve months immediately preceding the doing of the act.

(4) Those conditions are—

(a) that there are no persons of the racial group in question among persons holding such posts in that organisation; or

(b) that the proportion of persons of that group among those holding such posts in that organisation is small in comparison with the proportion of persons of that group among the members of the organisation.

(5) Nothing in Parts II to IV shall render unlawful any act done by an organisation to which section 11 applies in or in connection with encouraging only persons of a particular racial group to become members of the organisation where at any time within the twelve months immediately preceding the doing of the act—

(a) no persons of that group were members of the organisation; or

(b) the proportion of persons of that group among members of the organisation was small in comparison with the proportion of persons of that group among those eligible for membership of the organisation.

(6) Section 8 (meaning of employment at establishment in Great Britain) shall apply for the purposes of this section as if this section were contained in Part II.

39 Sports and competitions. E+W+S

—Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other’s nationality or place of birth or the length of time for which he has been resident in a particular area or place, if the act is done—

(a) in selecting one or more persons to represent a country, place or area, or any related association, in any sport or game; or

(b) in pursuance of the rules of any competition so far as they relate to eligibility to compete in any sport or game.

40 Indirect access to benefits etc. E+W+S

(1) References in this Act to the affording by any person of access to benefits, facilities or services are not limited to benefits, facilities or services provided by that person himself, but include any means by which it is in that person’s power to facilitate access to benefits, facilities or services provided by any other person (the “actual provider").

(2) Where by any provision of this Act the affording by any person of access to benefits, facilities or services in a discriminatory way is in certain circumstances prevented from being unlawful, the effect of the provision shall extend also to the liability under this Act of any actual provider.

41 Acts done under statutory authority etc. E+W+S

(1) Nothing in Parts II to IV shall render unlawful any act of discrimination done—

(a) in pursuance of any enactment or Order in Council; or

(b) in pursuance of any instrument made under any enactment by a Minister of the Crown; or

(c) in order to comply with any condition or requirement imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment.

References in this [F152 section] to an enactment, Order in Council or instrument include an enactment, Order in Council or instrument passed or made after the passing of this Act.

[F153 (1A) Subsection (1) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of a provision referred to in section 1(1B).]

(2) Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other’s nationality or place of ordinary residence or the length of time for which he has been present or resident in or outside the United Kingdom or an area within the United Kingdom, if that act is done—

[F154 (a) in pursuance of any enactment or Order in Council; or

(b) in pursuance of any instrument made under any enactment by a Minister of the Crown; or

(c) in order to comply with any requirement imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment; or

(d) in pursuance of any arrangements made (whether before or after the passing of this Act) by or with the approval of, or for the time being approved by, a Minister of the Crown; or

(e) in order to comply with any condition imposed (whether before or after the passing of this Act) by a Minister of the Crown]

Textual Amendments

F152 Word in s. 41(1) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 35(a)

F153 S. 41(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 35(b)

F154 S. 41(2)(a)-(e) substituted (19.7.2003) for s. 41(2)(a)(b) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 35(c)

Modifications etc. (not altering text)

C21 S. 41: amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

42 Acts safeguarding national security. E+W+S

—Nothing in Parts II to IV shall render unlawful an act done for the purpose of safeguarding national security [F155 if the doing of the act was justified by that purpose].

Textual Amendments

F155 Words in s. 42 added (2.4.2001) by 2000 c. 34, s. 7(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)

Part VIII E+W+S Enforcement

General E+W+S

53 Restriction of proceedings for breach of Act. E+W+S

(1) Except as provided by this Act [F173 or the M7 Special Immigration Appeals Commission Act 1997 or [F174 Part 5 of the Nationality, Immigration and Asylum Act 2002]] no proceedings, whether civil or criminal, shall lie against any person in respect of an act by reason that the act is unlawful by virtue of a provision of this Act.

(2) Subsection (1) does not preclude the making of an order of certiorari, mandamus or prohibition.

(3) In Scotland, subsection (1) does not preclude the exercise of the jurisdiction of the Court of Session to entertain an application for reduction or suspension of any order or determination or otherwise to consider the validity of any order or determination, or to require reasons for any order or determination to be stated.

[F175 (4) Subsections (2) and (3) do not, except so far as provided by section 76, apply to any act which is unlawful by virtue of section 76(5) or (9) or by virtue of section 76(10)(b) [F176 , (11) and (11B)] .]

Textual Amendments

F173 Words in s. 53(1) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 4 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F174 Words in s. 53(1) substituted (1.4.2003) by 2002 c. 41, s. 141, Sch. 7, para. 11 (with s. 159); S.I. 2003/754, art. 2, Sch.

F175 S. 53(4) added (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 5 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F176 Words in s. 53(4) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 39

Modifications etc. (not altering text)

C26 S. 53 restricted by Estate Agents Act 1979 (c. 38), ss. 5(3), 36(2)

Marginal Citations

M7 1997 c. 68.

Enforcement in employment field E+W+S

54 Jurisdiction of [F177 employment tribunals]. E+W+S

(1) A complaint by any person (“the complainant") that another person (“the respondent")—

(a) has committed an act F178 . . . against the complainant which is unlawful by virtue of Part II [F179 , section 76ZA or, in relation to discrimination on grounds of race or ethnic or national origins, or harassment, section 26A, 26B or 76] ; or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act F178 . . . against the complainant,

may be presented to an [F180 employment tribunal].

(2) Subsection (1) does not apply to a complaint under section 12(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment, F181 . . ..

Textual Amendments

F177 Words in s. 54 sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b); S.I. 1998/1658, art. 2(1), Sch. 1

F178 Words in s. 54(1) omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulation 2003 (S.I. 2003/1626), reg. 40(a)

F179 Words in s. 54(1)(a) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 40(b)

F180 Words in s. 54(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1

F181 Words in s. 54(2) repealed (1.5.2001) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 2001/1519, art. 2

54A Burden of proof: employment tribunals E+W+S

(1) This section applies where a complaint is presented under section 54 and the complaint is that the respondent—

(a) has committed an act of discrimination, on grounds of race or ethnic or national origins, which is unlawful by virtue of any provision referred to in section 1(1B)(a), (e) or (f), or Part IV in its application to those provisions, or

(b) has committed an act of harassment.

(2) Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this section, conclude in the absence of an adequate explanation that the respondent—

(a) has committed such an act of discrimination or harassment against the complainant, or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination or harassment against the complainant,

the tribunal shall uphold the complaint unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed, that act.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F182 S. 55 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) and subject to an amendment (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

56 Remedies on complaint under s. 54. E+W+S

(1) Where an [F183 employment tribunal] finds that a complaint presented to it under section 54 is well-founded, the tribunal shall make such of the following as it considers just and equitable—

(a) an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates;

(b) an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a county court or by a sheriff court to pay to the complainant if the complaint had fallen to be dealt with under section 57;

(c) a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination to which the complaint relates.

F184 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F185 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an [F183 employment tribunal] under subsection (1)(c), then, if it thinks it just and equitable to do so—

(a) the tribunal may F186 . . . increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under subsection (1)(b); or

(b) if an order under subsection (1)(b) could have been made but was not, the tribunal may make such an order.

[F187 (5) The [F188 Secretary of State] may by regulations make provision—

(a) for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (1)(b), to include in the award interest on that amount; and

(b) specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined;

and the regulations may contain such incidental and supplementary provisions as the [F188 Secretary of State] considers appropriate.

(6) The [F188 Secretary of State] may by regulations modify the operation of any order made under [F189 section 14 of the [F190 Employment Tribunals Act 1996]] (power to make provision as to interest on sums payable in pursuance of [F183 employment tribunal] decisions) to the extent that it relates to an award of compensation under subsection (1)(b).]

Textual Amendments

F183 Words in s. 56(1)(4)(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F184 S. 56(2) repealed (3.7.1994) by 1994 c. 10, ss. 1(1), 3(2)(3), Sch.

F185 S. 56(3) repealed (22.11.1993) by S.I. 1993/2798, reg. 1(3), Sch. para. 1

F186 Words in s. 56(4) repealed (3.7.1994) by 1994 c. 10, ss. 3(2)(3), Sch.

F187 S. 56(5)(6) inserted (3.7.1994) by 1994 c. 10, ss. 2(1), 3(3)

F188 Words in s. 56(5)(6) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(3)(a)

F189 Words in s. 56(6) substituted (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 (with s. 38)

F190 Words in s. 56(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C27 S. 56 amended by Employment Protection (Consolidation) Act 1978 (c. 44), s. 76.

Enforcement of Part III E+W+S

57 Claims under Part III [F191 etc.]. E+W+S

(1) A claim by any person (“the claimant") that another person (“the respondent")—

(a) has committed an act F192 . . . against the claimant which is unlawful by virtue of Part III [F193 other than, in relation to discrimination on grounds of race or ethnic or national origins, or harassment, section 26A or 26B] ; or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act F192 . . . against the claimant,

may be made the subject of civil proceedings in like manner as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2) Proceedings under subsection (1)—

(a) shall, in England and Wales, be brought only in a designated county court; and

(b) shall, in Scotland, be brought only in a sheriff court;

but all such remedies shall be obtainable in such proceedings as, apart from this subsection and section 53(1), would be obtainable in the High Court or the Court of Session, as the case may be.

(3) As respects an unlawful act of discrimination falling within section 1(1)(b), no award of damages shall be made if the respondent proves that the requirement or condition in question was not applied with the intention of treating the claimant unfavourably on racial grounds.

(4) For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act of discrimination may include compensation for injury to feelings whether or not they include compensation under any other head.

[F194 (4A) As respects an act which is done, or by virtue of section 32 or 33 is treated as done, by a person in carrying out public investigator functions or functions as a public prosecutor and which is unlawful by virtue of section 19B, no remedy other than—

(a) damages; or

(b) a declaration or, in Scotland, a declarator;

shall be obtainable unless the court is satisfied that the remedy concerned would not prejudice a criminal investigation, a decision to institute criminal proceedings or any criminal proceedings.

(4B) In this section—

• “criminal investigation” means—

  (a)

  any investigation which a person in carrying out functions to which section 19B applies has a duty to conduct with a view to it being ascertained whether a person should be charged with, or in Scotland prosecuted for, an offence, or whether a person charged with or prosecuted for an offence is guilty of it;

  (b)

  any investigation which is conducted by a person in carrying out functions to which section 19B applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct; or

  (c)

  any investigation which is conducted by a person in carrying out functions to which section 19B applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted; and

• “public investigator functions” means functions of conducting criminal investigations or charging offenders;

and in this subsection “offence” includes [F195 any service offence within the meaning of the Armed Forces Act 2006] (and “offender” shall be construed accordingly).

(4C) Subsection (4D) applies where a party to proceedings under subsection (1) which have arisen by virtue of section 19B has applied for a stay or sist of those proceedings on the grounds of prejudice to—

(a) particular criminal proceedings;

(b) a criminal investigation; or

(c) a decision to institute criminal proceedings.

(4D) The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under subsection (1) would not result in the prejudice alleged.]

(5) Civil proceedings in respect of a claim by any person that he has been discriminated against in contravention of section 17 or 18 by a body to which [F196 subsection (5A)] applies shall not be instituted unless the claimant has given notice of the claim to the Secretary of State F197 . . ..

[F198 (5A) This subsection applies to—

(a) [F199 local authorities] in England and Wales;

(b) education authorities in Scotland; and

(c) any body which is a responsible body in relation to an establishment falling within paragraph 3, 3B or 7B of the table in section 17.]

(6) In Scotland, when any proceedings are brought under this section, in addition to the service on the defender of a copy of the summons or initial writ initiating the action a copy thereof shall be sent as soon as practicable to the Commission in a manner to be prescribed by Act of Sederunt.

[F200 (7) This section has effect subject to section 57A.]

Textual Amendments

F191 S. 57: word in heading inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 42(1)

F192 Words in s. 57(1) omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 42(2)(a)

F193 Words in s. 57(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 42(2)(b)

F194 S. 57(4A)-(4D) inserted (2.4.2001) by 2000 c. 34, s. 5(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F195 Words in s. 57(4B) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 79; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F196 Words in s. 57(5) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 6(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F197 Words in s. 57(5) repealed (2.4.2001) by 2000 c. 34, s. 9(1)(2), Sch. 2 para. 6(b), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F198 S. 57(5A) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 7 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F199 Words in s. 57(5A) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 30(3)

F200 S. 57(7) added (2.4.2001) by 2000 c. 34, s. 6(1)(with s. 10(5)); S.I. 2001/566, art. 2(1)

Modifications etc. (not altering text)

C28 S. 57(4B) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 16(1)

C29 S. 57(5): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

S. 57(5): transfer of functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

57ZA Burden of proof : County and Sheriff Courts E+W+S

(1) This section applies where a claim is brought under section 57 and the claim is that the respondent—

(a) has committed an act of discrimination, on grounds of race or ethnic or national origins, which is unlawful by virtue of any provision referred to in section 1(1B)(b) to (d), or Part IV in its application to those provisions, or

(b) has committed an act of harassment.

(2) Where, on the hearing of the claim, the claimant proves facts from which the court could, apart from this section, conclude in the absence of an adequate explanation that the respondent—

(a) has committed such an act of discrimination or harassment against the claimant, or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination or harassment against the claimant,

the court shall uphold the claim unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed, that act.

[F201 57A Claims under section 19B in immigration cases. E+W+S

(1) No proceedings may be brought by a claimant under section 57(1) in respect of an immigration claim if—

(a) the act to which the claim relates was done in the taking by an immigration authority of a relevant decision and the question whether that act was unlawful by virtue of section 19B has been or could be raised in proceedings on an appeal which is pending, or could be brought, under the 1997 Act or [F202 Part 5 of the 2002 Act]; or

(b) it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that section.

(2) For the purposes of this section an immigration claim is a claim that a person—

(a) has committed a relevant act of discrimination against the claimant which is unlawful by virtue of section 19B; or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the claimant.

(3) Where it has been decided in relevant immigration proceedings that an act to which an immigration claim relates was unlawful by virtue of section 19B, any court hearing that claim under section 57 shall treat that act as an act which is unlawful by virtue of section 19B for the purposes of the proceedings before it.

(4) No relevant decision of an immigration authority involving an act to which an immigration claim relates and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision of a court hearing the immigration claim under section 57.

(5) In this section—

• [F203 “the Immigration Acts” has the same meaning given by section 158 of the 2002 Act ;]

• “immigration appellate body” means [F204 the First-tier Tribunal,] the Special Immigration Appeals Commission, [F205 the Upper Tribunal,] the Court of Appeal, the Court of Session or the [F206 Supreme Court];

• [F207 “immigration authority” means the Secretary of State, an immigration officer or a person responsible for the grant or refusal of entry clearance (within the meaning of section 33(1) of the Immigration Act 1971 (c. 77));]

• “immigration claim” has the meaning given by subsection (2) above;

• “pending” has the same meaning as in the 1997 Act or, as the case may be, [F208 Part 5 of the 2002 Act];

• “relevant act of discrimination” means an act of discrimination done by an immigration authority in taking any relevant decision;

• “relevant decision” means—

  (a)

  in relation to an immigration authority, any decision under the Immigration Acts relating to the entitlement of the claimant to enter or remain in the United Kingdom; and

  (b)

  in relation to an immigration appellate body, any decision on an appeal under the 1997 Act [F209 , Part 5 of the 2002 Act or section 11 or 13 of the 2007 Act] in relation to a decision falling within paragraph (a);

• “relevant immigration proceedings” means proceedings on an appeal under the 1997 Act [F210 , Part 5 of the 2002 Act or section 11 or 13 of the 2007 Act];

• “the 1997 Act” means the M8 Special Immigration Appeals Commission Act 1997;

• [F211 “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;]

• [F212 “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;]

and, for the purposes of subsection (1)(a), any power to grant leave to appeal out of time shall be disregarded.]

Textual Amendments

F201 S. 57A inserted (2.4.2001) by 2000 c. 34, s. 6(2) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F202 Words in s. 57A(1)(a) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7, para. 12(a); S.I. 2003/754, art. 2(1), Sch.

F203 Definition in s. 57A(5) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7, para. 12(b) (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F204 Words in s. 57A(5) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(a)(i) (with Sch. 4)

F205 Words in s. 57A(5) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(a)(ii) (with Sch. 4)

F206 Words in definiton in s. 57A(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 28; S.I. 2009/1604, art. 2

F207 Definition in s. 57A(5) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(1), Sch. 7, para. 12(d) (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F208 Words in definition in s. 57A(5) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(1), Sch. 7, para. 12(e) (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F209 S. 57A(5): words in definition of "relevant decision" substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(b) (with Sch. 4)

F210 S. 57A(5): words in definition of "relevant immigration proceedings" substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(c) (with Sch. 4)

F211 Definition in s. 57A(5) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(1), Sch. 7, para. 12(h) (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F212 S. 57A(5): definition of "the 2007 Act" inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(d) (with Sch. 4)

Marginal Citations

M8 1997 c. 68.

Non-discrimination notices E+W+S

58 Issue of non-discrimination notice. E+W+S

F213 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F213 S. 58 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

59 Appeal against non-discrimination notice. E+W+S

F214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F214 S. 59 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

60 Investigation as to compliance with non-discrimination notice. E+W+S

F215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F215 S. 60 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

61 Register of non-discrimination notices. E+W+S

F216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F216 S. 61 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Other enforcement by Commission E+W+S

62 Persistent discrimination. E+W+S

F217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F217 S. 62 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

63 Enforcement of ss. 29 to 31. E+W+S

F218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F218 S. 63 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

64 Preliminary action in employment cases. E+W+S

F219 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F219 S. 64 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Help for persons suffering discrimination E+W+S

65 Help for aggrieved persons in obtaining information etc. E+W+S

(1) With a view to helping a person (“the person aggrieved") who considers he may have been discriminated against [F220 or subjected to harassment] in contravention of this Act to decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the [F221 Secretary of State] shall by order prescribe—

(a) forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and

(b) forms by which the respondent may if he so wishes reply to any questions.

(2) Where the person aggrieved questions the respondent (whether in accordance with an order under subsection (1) or not)—

(a) the question, and any reply by the respondent (whether in accordance with such an order or not) shall, subject to the following provisions of this section, be admissible as evidence in the proceedings;

(b) if it appears to the court or tribunal that the respondent deliberately, and without reasonable excuse, omitted to reply within a reasonable period [F222 or, where the question relates to discrimination on grounds of race or ethnic or national origins, or to harassment, the period of eight weeks beginning with the day on which the question was served on him] or that his reply is evasive or equivocal, the court or tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act.

(3) The [F221 Secretary of State] may by order—

(a) prescribe the period within which questions must be duly served in order to be admissible under subsection (2)(a); and

(b) prescribe the manner in which a question, and any reply by the respondent, may be duly served.

(4) Rules may enable the court entertaining a claim under section 57 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.

[F223 (4A) In section 19B proceedings, subsection (2)(b) does not apply in relation to a failure to reply, or a particular reply, if the conditions specified in subsection (4B) are satisfied.

(4B) Those conditions are that—

(a) at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and

(b) he reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings.

(4C) For the purposes of subsections (4A) and (4B)—

• “public investigator functions” has the same meaning as in section 57;

• “section 19B proceedings” means proceedings in respect of a claim under section 57 which has arisen by virtue of section 19B.]

(5) This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court, sheriff court or [F224 employment tribunal], and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

(6) In this section “respondent” includes a prospective respondent and “rules”—

(a) in relation to county court proceedings, means county court rules;

(b) in relation to sheriff court proceedings, means sheriff court rules.

[F225 (7) This section does not apply in relation to any proceedings under—

(a) the Special Immigration Appeals Commission Act 1997; or

(b) [F226 Part 5 of the Nationality, Immigration and Asylum Act 2002].]

Textual Amendments

F220 Words in s. 65(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 47(a)

F221 Words in s. 65(1)(3) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(3)(b)

F222 Words in s. 65(2)(b) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 47(b)

F223 S. 65(4A)-(4C) inserted (2.4.2001) by 2000 c. 34, s. 5(2) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F224 Words in s. 65(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F225 S. 65(7) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 10 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F226 Words in s. 65(7)(b) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7, para. 14 (with s. 159); S.I. 2003/754, art. 2(1), Sch.

66 Assistance by Commission. E+W+S

F227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F227 S. 66 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 28, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Sheriff courts and designated county courts E+W+S

67 Sheriff courts and designated county courts. E+W+S

(1) For the purposes of this Act a “designated" county court is one designated for the time being for those purposes by an order made by the Lord Chancellor [F228 with the concurrence of the Lord Chief Justice] .

(2) An order under subsection (1) designating any county court for the purposes of this Act shall assign to that court as its district for those purposes any county court district or two or more county court districts.

(3) A designated county court or a sheriff court shall have jurisdiction to entertain proceedings under this Act with respect to an act done on a ship, aircraft or hovercraft outside its district, including such an act done outside Great Britain.

[F229 (3A) A designated county court or a sheriff court shall have jurisdiction to entertain proceedings under this Act with respect to an act done outside the United Kingdom where section 19B applies in relation to such an act by virtue of section 27(1A).]

(4) In any proceedings under this Act in a designated county court or a sheriff court the judge or sheriff shall, unless with the consent of the parties he sits without assessors, be assisted by two assessors appointed from a list of persons prepared and maintained by the [F230 Secretary of State], being persons appearing to the [F230 Secretary of State] to have special knowledge and experience of problems connected with relations between persons of different racial groups.

(5) The remuneration of assessors appointed under subsection (4) shall be at such rate as may, with the approval of [F231 the Treasury], be determined by the Lord Chancellor (for proceedings in England and Wales) or the Lord President of the Court of Session (for proceedings in Scotland).

[F232 (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

(6) Without prejudice to section 74(3), an order for the discontinuance of the jurisdiction of any county court under this Act, whether wholly or within a part of the district assigned to it for the purposes of this Act, may include provision with respect to any proceedings under this Act commenced in that court before the order comes into operation.

Textual Amendments

F228 Words in s. 67(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 87(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F229 S. 67(3A) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 12 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F230 Words in s. 67(4) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(3)(c)

F231 Words substituted by S.I. 1981/1670, arts. 2(2), 3(5)

F232 S. 67(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 87(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

[F233 67A National security: procedure. E+W+S

(1) Rules may make provision for enabling a court in which relevant proceedings have been brought, where it considers it expedient in the interests of national security—

(a) to exclude from all or part of the proceedings—

(i) the claimant;

(ii) the claimant’s representatives; or

(iii) the assessors (if any) appointed by virtue of section 67(4);

(b) to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;

(c) to take steps to keep secret all or part of the reasons for its decision in the proceedings.

(2) The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, any proceedings from which [F234 the claimant or his representatives] are excluded by virtue of subsection (1).

(3) A person appointed under subsection (2)—

(a) if appointed for the purposes of proceedings in England and Wales, must [F235 be a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and]

(b) if appointed for the purposes of proceedings in Scotland, must be—

(i) an advocate; or

[F236 (ii) qualified to practice as a solicitor in Scotland.]

(4) A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.

(5) In this section—

• “relevant proceedings” means proceedings brought under this Act—

  (a)

  in England and Wales, in a designated county court; or

  (b)

  in Scotland, in a sheriff court; and

• “rules” has the same meaning as in section 65.]

Textual Amendments

F233 S. 67A inserted (2.4.2001) by 2000 c. 34, s. 8 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F234 Words in s. 67A(2) substituted (18.4.2006) by Equality Act 2006 (c. 3), s. 90(a) (with s. 92); S.I. 2006/1082, art. 2(j)

F235 Words in s. 67A(3)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 37 (with savings in ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F236 S. 67A(3)(b)(ii) substituted (18.4.2006) by Equality Act 2006 (c. 3), s. 90(b) (with s. 92); S.I. 2006/1082, art. 2(j)

Period within which proceedings to be brought E+W+S

68 Period within which proceedings to be brought. E+W+S

(1) An [F237 employment tribunal] shall not consider a complaint under section 54 unless it is presented to the tribunal before the end of [F238 —

(a) the period of three months beginning when the act complained of was done; or

(b) in a case to which section 75(8) applies, the period of six months so beginning.]

(2) [F239 Subject to subsection (2A)] a county court or a sheriff court shall not consider a claim under section 57 unless proceedings in respect of the claim are instituted before the end of—

(a) the period of six months beginning when the act complained of was done; F240 . . .

F240 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F241 (2A) In relation to an immigration claim within the meaning of section 57A, the period of six months mentioned in subsection (2)(a) begins on the expiry of the period during which, by virtue of section 57A(1)(a), no proceedings may be brought under section 57(1) in respect of the claim.]

(3) F242 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F243 (3A) Where in England and Wales—

(a) proceedings or prospective proceedings by way of a claim under section 57 relate to the act or omission of a qualifying institution,

(b) the dispute concerned is referred as a complaint under the student complaints scheme before the end of the period of six months mentioned in subsection (2), and

(c) F244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the period allowed by subsection (2) for instituting proceedings in respect of the claim shall be extended by [F245 three months.]

(3B) In subsection (3A)—

• “qualifying institution” has the meaning given by section 11 of the Higher Education Act 2004;

• “the student complaints scheme” means a scheme for the review of qualifying complaints, as defined by section 12 of that Act, that is provided by the designated operator, as defined by section 13(5)(b) of that Act.]

[F246 (3C) The period allowed by subsection (2)(a) shall be extended by three months in the case of a dispute which is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 (unless it is extended under subsection (3A)).]

(4) F247 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F247 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A court or tribunal may nevertheless consider any such [F248 complaint or claim] which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(7) For the purposes of this section—

(a) when the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract; and

(b) any act extending over a period shall be treated as done at the end of that period; and

(c) a deliberate omission shall be treated as done when the person in question decided upon it;

and in the absence of evidence establishing the contrary a person shall be taken for the purposes of this section to decide upon an omission when he does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Textual Amendments

F237 Words in s. 68(1)(4)(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F238 S. 68(1)(a)(b) substituted for words in s. 68(1) (1.10.1997) by 1996 c. 46, s. 23(4); S.I. 1997/2164, arts. 2, 3

F239 Words s. 68(2) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 13 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F240 S. 68(2)(b) and the word “or” immediately preceding it repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F241 S. 68(2A) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 14 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F242 S. 68(3) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 29(2), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F243 S. 68(3A)(3B) inserted (1.11.2004) by Higher Education Act 2004 (c. 8), s. 19(2); S.I. 2004/2781, art. 3

F244 S. 68(3A)(c) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 29(3)(a), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F245 Words in s. 68(3A) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 29(3)(b) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F246 S. 68(3C) inserted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 29(4) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F247 S. 68(4)(5) repealed (1.10.2007) by by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 29(5), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F248 Words in s. 68(6) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 29(6) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Evidence E+W+S

69 Evidence. E+W+S

(1) Any finding by a court under section 19 or 20 of the M9 Race Relations Act 1968, or by a court or [F249 employment tribunal] under this Act, in respect of any act shall, if it has become final, be treated as conclusive in any proceedings under this Act.

(2) In any proceedings under this Act [F250 or any enactment mentioned in section 19D(5)] a certificate signed by or on behalf of a Minister of the Crown and certifying—

(a) that any arrangements or conditions specified in the certificate were made, approved or imposed by a Minister of the Crown and were in operation at a time or throughout a period so specified; F251 . . .

F251 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be conclusive evidence of the matters certified.

(3) A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.

Textual Amendments

F249 Words in s. 69(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F250 Words in s. 69(2) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 15 (with s. 10(5)); S.I. 2001/566, art. 2

F251 S. 69(2)(b) and the word “or”immediately preceding it repealed (2.4.2001) by 2000 c. 34, ss. 7(2), 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2

Modifications etc. (not altering text)

C30 S. 69: certification function made exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

M9 1968 c. 71.

Part IX E+W+S

70 F252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F252 S. 70 repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(3), Sch. 3

Part X E+W+S Supplemental

[F253 71 Specified authorities: general statutory duty. E+W+S

(1) Every body or other person specified in Schedule 1A or of a description falling within that Schedule shall, in carrying out its functions, have due regard to the need—

(a) to eliminate unlawful racial discrimination; and

(b) to promote equality of opportunity and good relations between persons of different racial groups.

(2) The [F254 Secretary of State] may by order impose, on such persons falling within Schedule 1A as he considers appropriate, such duties as he considers appropriate for the purpose of ensuring the better performance by those persons of their duties under subsection (1).

(3) An order under subsection (2)—

(a) may be made in relation to a particular person falling within Schedule 1A, any description of persons falling within that Schedule or every person falling within that Schedule;

(b) may make different provision for different purposes.

(4) Before making an order under subsection (2), the [F254 Secretary of State] shall consult the Commission.

(5) The [F254 Secretary of State] may by order amend Schedule 1A; but no such order may extend the application of this section unless the [F254 Secretary of State] considers that the extension relates to a person who exercises functions of a public nature.

(6) An order under subsection (2) or (5) may contain such incidental, supplementary or consequential provision as the [F254 Secretary of State] considers appropriate (including provision amending or repealing provision made by or under this Act or any other enactment).

(7) This section is subject to section 71A and 71B and is without prejudice to the obligation of any person to comply with any other provision of this Act.]

Textual Amendments

F253 Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F254 Words in s. 71(2)(4)-(6) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(3)(d)

F255 71A General statutory duty: special cases. E+W+S

(1) In relation to the carrying out of immigration and nationality functions F256 . . ., section 71(1)(b) has effect with the omission of the words “equality of opportunity and".

[F257 (1A) In subsection (1) “immigration and nationality functions” means functions exercisable by virtue of—

(a) the Immigration Acts (within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002) excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to offences under Part III of that Act;

(b) the British Nationality Act 1981;

(c) the British Nationality (Falkland Islands) Act 1983 (c. 6);

(d) the British Nationality (Hong Kong) Act 1990 (c. 34);

(e) the Hong Kong (War Wives and Widows) Act 1996 (c. 41);

(f) the British Nationality (Hong Kong) Act 1997 (c. 20);

(g) the Special Immigration Appeals Commission Act 1997 (c. 68);

(h) provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to the subject matter of an enactment within any of paragraphs (a) to (g); or

(i) any provision of Community law which relates to the subject matter of an enactment within any of those paragraphs.]

(2) Where an entry in Schedule 1A is limited to a person in a particular capacity, section 71(1) does not apply to that person in any other capacity.

(3) Where an entry in Schedule 1A is limited to particular functions of a person, section 71(1) does not apply to that person in relation to any other functions.

Textual Amendments

F255 Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F256 Words in s. 71A(1) omitted (7.11.2002) by virtue of 2002 c. 41, s. 6(5)(a) and repealed (1.4.2003) by 2002 c. 41, ss. 161, 162(2), Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F257 S. 71A(1A) inserted (7.11.2002) by 2002 c. 41, s. 6(5)(b) (with s. 159)

F258 71B General statutory duty: Scotland and Wales. E+W+S

(1) For the purposes of the M10 Scotland Act 1998, subsections (2) to (4) of section 71 (and sections 71(6) and 74 so far as they apply to the power conferred by subsection (2) of section 71) shall be taken to be pre-commencement enactments within the meaning of that Act.

(2) Before making an order under section 71(2) in relation to functions exercisable in relation to Wales by a person who is not a Welsh public authority, the [F259 Secretary of State] shall consult the [F260 Welsh Ministers] .

(3) The [F259 Secretary of State] shall not make an order under section 71(2) in relation to functions of a Welsh public authority except with the consent of the [F261 Welsh Ministers] .

(4) In this section “Welsh public authority” means any person whose functions are exercisable only in relation to Wales and [F262 includes—

(a) the National Assembly for Wales Commission;

(b) the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government.]

Textual Amendments

F258 Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F259 Words in s. 71B(2)(3) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(3)(e)

F260 Words in s. 71B(2) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(2)

F261 Words in s. 71B(3) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(3)

F262 Words in s. 71B(4) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(4)

Marginal Citations

M10 1998 c. 46.

F263 71C General statutory duty: codes of practice. E+W+S

F264 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F263 Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F264 S. 71C repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 30, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F265 71D General statutory duty: compliance notices. E+W+S

F266 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F265 Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F266 S. 71D repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 31, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F267 71E Enforcement of compliance notices. E+W+S

F268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F267 Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F268 S. 71E repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 31, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

72 Validity and revision of contracts. E+W+S

(1) A term of a contract is void where—

(a) its inclusion renders the making of the contract unlawful by virtue of this Act; or

(b) it is included in furtherance of an act rendered unlawful by this Act; or

(c) it provides for the doing of an act which would be rendered unlawful by this Act.

(2) Subsection (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against [F269 or harassment of,] a party to the contract, but the term shall be unenforceable against that party.

(3) A term in a contract which purports to exclude or limit any provision of this Act is unenforceable by any person in whose favour the term would operate apart from this subsection.

(4) Subsection (3) does not apply—

(a) to a contract settling a complaint to which section 54(1) applies where the contract is made with the assistance of a conciliation officer; or

[F270 (aa) to a contract settling a complaint to which section 54(1) applies if the conditions regulating compromise contracts under this Act are satisfied in relation to the contract;]

(b) to a contract settling a claim to which section 57 applies.

[F271 (4A) The conditions regulating compromise contracts under this Act are that—

(a) the contract must be in writing;

(b) the contract must relate to the particular complaint;

(c) the complainant must have received [F272 advice from a relevant independent advisor] as to the terms and effect of the proposed contract and in particular its effect on his ability to pursue his complaint before an [F273 employment tribunal];

(d) there must be in force, when the adviser gives the advice, a [F274 contract of insurance, or an indemnity provided for members of a profession or professional body,] covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;

(e) the contract must identify the adviser; and

(f) the contract must state that the conditions regulating compromise contracts under this Act are satisfied.

[F275 (4B) A person is a relevant independent adviser for the purposes of subsection (4A)(c)—

(a) if he is a qualified lawyer,

(b) if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,

(c) if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or

(d) if he is a person of a description specified in an order made by the [F276 Secretary of State] .

(4BA) But a person is not a relevant independent adviser for the purposes of subsection (4A)(c) in relation to the complainant—

(a) if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,

(b) in the case of a person within subsection (4B)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,

(c) in the case of a person within subsection (4B)(c), if the complainant makes a payment for the advice received from him, or

(d) in the case of a person of a description specified in an order under subsection (4B)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

(4BB) In subsection (4B)(a) “qualified lawyer” means—

(a) as respects England and Wales, [F277 a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and]

(b) as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

(4BC) In subsection (4B)(b) “independent trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992.

(4C) For the purposes of subsection (4BA) any two persons are to be treated as connected—

(a) if one is a company of which the other (directly or indirectly) has control, or

(b) if both are companies of which a third person (directly or indirectly) has control.]]

[F278 (4D) An agreement under which the parties agree to submit a dispute to arbitration—

(a) shall be regarded for the purposes of subsection (4)(a) and (aa) as being a contract settling a complaint if—

(i) the dispute is covered by a scheme having effect by virtue of an order under section 212A of the M11 Trade Union and Labour Relations (Consolidation) Act 1992, and

(ii) the agreement is to submit it to arbitration in accordance with the scheme, but

(b) shall be regarded for those purposes as neither being nor including such a contract in any other case.]

(5) On the application of any person interested in a contract to which subsection (2) applies, a designated county court or a sheriff court may make such order as it thinks just for removing or modifying any term made unenforceable by that subsection; but such an order shall not be made unless all persons affected have been given notice of the application (except where under rules of court notice may be dispensed with) and have been afforded an opportunity to make representations to the court.

(6) An order under subsection (5) may include provision as respects any period before the making of the order.

Textual Amendments

F269 Words in s. 72(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 48

F270 S. 72(4)(aa) inserted (30.8.1993) by 1993 c. 19, s. 39(2), Sch. 6 para. 2(a); S.I. 1993/1908, art. 2(1), Sch. 1.

F271 S. 72(4A)-(4C) inserted (30.8.1993) by 1993 c. 19, s. 39(2), Sch. 6 para. 2(b); S.I. 1993/1908, art. 2(1), Sch. 1.

F272 Words in s. 72(4A)(c) substituted (1.8.1998) by 1998 c. 8, ss. 9(1)(2)(b); S.I. 1998/1658, art. 2, Sch. 1

F273 Words in s. 72(4A)(c) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F274 Words in s. 72(4A)(d) substituted (1.8.1998) by 1998 c. 8, s. 10(1)(2)(b); S.I. 1998/1658, art. 2, Sch. 1

F275 S. 72(4B)-(4C) substituted for s. 72(4B)(4C) (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 3; S.I. 1998/1658, art. 2(1), Sch. 1

F276 Words in s. 72(4B) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(3)(f)

F277 Words in s. 72(4BB)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 38 (with savings in ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F278 S. 72(4D) inserted (1.8.1998) by 1998 c. 8, s. 8(2); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

M11 1992 c. 52.

72A Collective agreements and rules of undertakings E+W+S

(1) This section applies to—

(a) any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract;

(b) any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment;

(c) any rule made by an organisation to which section 11 (trade organisations) applies, or by a body to which section 12 (qualifying bodies) applies, for application to—

(i) all or any of its members or prospective members; or

(ii) all or any of the persons on whom it has conferred authorisations or qualifications or who are seeking the authorisations or qualifications which it has power to confer.

(2) Any term or rule to which this section applies is void where—

(a) the making of the collective agreement is, by reason of the inclusion of the term, unlawful on grounds of race or ethnic or national origins, by virtue of a provision referred to in section 1(1B);

(b) the term or rule is included or made in furtherance of an act which is unlawful on such grounds by virtue of such a provision; or

(c) the term or rule provides for the doing of such an act.

(3) Subsection (2) applies whether the agreement was entered into, or the rule made, before, on or after 19th July 2003; but in the case of an agreement entered into, or a rule made, before that date, that subsection does not apply in relation to any period before that date.

(4) In this section, and in section 72B, “collective agreement” means any agreement relating to one or more of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 M12 (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations.

Marginal Citations

M12 1992 c. 52

72B (1) A person to whom this subsection applies may present a complaint to an employment tribunal that a term or rule is void by virtue of section 72A if he has reason to believe—

(a) that the term or rule may at some future time have effect in relation to him; and

(b) where he alleges that it is void by virtue of section 72A(2)(c), that—

(i) an act for the doing of which it provides may at some such time be done in relation to him, and

(ii) the act would be rendered unlawful on grounds of race or ethnic or national origins by a provision referred to in section 1(1B) if done in relation to him in present circumstances.

(2) In the case of a complaint about—

(a) a term of a collective agreement made by or on behalf of—

(i) an employer;

(ii) an organisation of employers of which an employer is a member; or

(iii) an association of such organisations of one of which an employer is a member; or

(b) a rule made by an employer, within the meaning of section 72A(1)(b);

subsection (1) applies to any person who is, or is genuinely and actively seeking to become, one of his employees.

(3) In the case of a complaint about a rule made by an organisation or body to which section 72A(1)(c) applies, subsection (1) applies to any person—

(a) who is, or is genuinely and actively seeking to become, a member of the organisation or body;

(b) on whom the organisation or body has conferred an authorisation or qualification; or

(c) who is genuinely and actively seeking an authorisation or qualification which the organisation or body has power to confer.

(4) When an employment tribunal finds that a complaint presented to it under subsection (1) is well-founded the tribunal shall make an order declaring that the term or rule is void.

(5) An order under subsection (4) may include provision as respects any period before the making of the order (but after 19th July 2003).

(6) The avoidance by virtue of section 72 A(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself) namely—

(a) such of the rights of the person to be discriminated against, and

(b) such of the rights of any person who will be treated more favourably in direct or indirect consequence of the discrimination,

as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule.

73 Power to amend certain provisions of Act. E+W+S

(1) The [F279 Secretary of State] may by an order the draft of which has been approved by each House of Parliament—

(a) amend or repeal section 9 (including that section as amended by a previous order under this subsection);

(b) amend Part II, III or IV so as to render lawful an act which, apart from the amendment, would be unlawful by reason of section 4(1) or (2), [F280 19B,] 20(1), 21, 24 or 25;

(c) amend section 10(1) or 25(1)(a) so as to alter the number of partners or members specified in that provision.

(2) The [F279 Secretary of State] shall not lay before Parliament the draft of an order under subsection (1) unless he has consulted the Commission about the contents of the draft.

Textual Amendments

F279 Words in s. 73 substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(3)(g)

F280 Words in s. 73(1)(b) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 16 (with s. 10(5)); S.I. 2001/566, art. 2(1)

74 Orders and regulations. E+W+S

(1) Any power of a Minister of the Crown to make orders or regulations under the provisions of this Act F281 . . . shall be exercisable by statutory instrument.

(2) An order made by a Minister of the Crown under the preceding provisions of this Act [F282 (except section 73(1))] , and any regulations made under section [F283 56(5), (6) or] 75(5)(a) [F284 or (9A)], shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) An order under this Act may make different provision in relation to different cases or classes of case, may exclude certain cases or classes of case, and may contain transitional provisions and savings.

(4) Any power conferred by this Act to make orders include power (exercisable in the like manner and subject to the like conditions) to vary or revoke any order so made.

(5) F285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F281 Words in s. 74(1) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 32(a), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F282 Words in s. 74(2) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 32(b), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F283 Words in s. 74(2) inserted (3.7.1994) by 1994 c. 10, ss. 2(2), 3(3)

F284 Words in s. 74(2) inserted (1.10.1997) by 1996 c. 46, s. 23(5); S.I. 1997/2164, arts. 2, 3

F285 S. 74(5) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 32(c), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

75 Application to Crown etc. E+W+S

(1) This Act applies—

(a) to an act done by or for purposes of a Minister of the Crown or government department; or

(b) to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,

as it applies to an act done by a private person.

(2) Parts II and IV apply to—

(a) service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office; or

(b) service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body; or

(c) service in the armed forces,

as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service.

[F286 (2A) Subsections (1) and (2) do not apply in relation to the provisions mentioned in subsection (2B).

(2B) Sections 19B to 19F, sections 71 to 71E (including Schedule 1A) and section 76 bind the Crown; and the other provisions of this Act so far as they relate to those provisions shall be construed accordingly (including, in particular, references to employment in Part IV).]

(3) Subsections (1) [F287 to (2B)] have effect subject to [F288 sections 76A and 76B].

(4) Subsection (2) of section 8 and subsection (4) of section 27 shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of the United Kingdom as it has effect in relation to a ship, aircraft or hovercraft such as is mentioned in paragraph (a) or (b) of the subsection in question; and section 8(3) shall apply accordingly.

(5) Nothing in this Act shall—

(a) invalidate any rules (whether made before or after the passing of this Act) restricting employment in the service of the Crown or by any public body prescribed for the purposes of this subsection by regulations made by the Minister for the Civil Service to persons of particular birth, nationality, descent or residence; or

(b) render unlawful the publication, display or implementation of any such rules, or the publication of advertisements stating the gist of any such rules.

In this subsection “employment” includes service of any kind, and “public body” means a body of persons, whether corporate or unincorporate, carrying on a service or undertaking of a public nature.

(6) The provisions of Parts II to IV of the M13 Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, F289 . . . .

(7) The provisions of Part V of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of the said Part are treated as civil proceedings by or against the Crown, except that in their application to proceedings under this Act the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) shall not apply.

(8) This subsection applies to any complaint by a person (“the complainant") that another person—

(a) has committed an act of discrimination against the complainant which is unlawful by virtue of section 4; or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the complainant,

if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination in question relates to his service in those forces.

[F290 (9) No complaint to which subsection (8) applies shall be presented to an [F291 employment tribunal] under section 54 unless—

(a) the complainant has made [F292 a service complaint in respect of the act complained of] ; and

(b) the Defence Council have made a determination with respect to the [F293 service complaint] .

(9A) Regulations may make provision enabling a complaint to which subsection (8) applies to be presented to an [F291 employment tribunal] under section 54 in such circumstances as may be specified by the regulations, notwithstanding that subsection (9) would otherwise preclude the presentation of the complaint to an [F291 employment tribunal].

(9B) Where a complaint is presented to an [F291 employment tribunal] under section 54 by virtue of regulations under subsection (9A), [F294 the service complaint procedures] may continue after the complaint is so presented.]

(10) In this section—

(a) “the armed forces” means any of the naval, military or air forces of the Crown . . . F295 ;

[F296 (aa) “regulations” means regulations made by the Secretary of State;

[F297 (ac) “service complaint” means a complaint under section 334 of the Armed Forces Act 2006;

(ad) “the service complaint procedures” means the procedures prescribed by regulations under that section;]]

(b) “statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up; and

(c) service “for purposes of" a Minister of the Crown or government department does not include service in any office in Schedule 2 (Ministerial offices) to the M14 House of Commons Disqualification Act 1975 as for the time being in force.

Textual Amendments

F286 S. 75(2A)(2B) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 17 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F287 Words in s. 75(3) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 18(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F288 Words in s. 75(3) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 18(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F289 Words in s. 75(6) repealed (E.W.) (1.10.2005) by The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 (S.I. 2005/2712), art. 3, Sch. 2 para. 2

F290 S. 75(9)(9A)(9B) substituted for s. 75(9) (1.10.1997) by 1996 c. 46, s. 23(2); S.I. 1997/2164, arts. 2, 3

F291 Words in s. 75(9)(9A)(9B) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F292 Words in s. 75(9)(a) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 80(2)(a); S.I. 2007/2913, art. 3

F293 Words in s. 75(9)(b) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 80(2)(b); S.I. 2007/2913, art. 3

F294 Words in s. 75(9B) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 80(3); S.I. 2007/2913, art. 3

F295 Words repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I note

F296 S. 75(10)(aa)(ab) inserted (1.10.1997) by 1996 c. 46, s. 23(3); S.I. 1997/2164, arts. 2, 3

F297 S. 75(10)(ac)(ad) substituted (1.1.2008) for s. 75(10)(ab) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 80(4); S.I. 2007/2913, art. 3

Modifications etc. (not altering text)

C31 S. 75(9) modified (24.4.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(2)(b), 196(1)(d)

C32 S. 75(9B) modified (24.4.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(2)(b), 196(2)(d)

C33 S. 75(10) amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 3 para. 1

Marginal Citations

M13 1947 c. 44.

M14 1975 c. 24

[F298 75A Application to House of Commons staff. E+W+S

(1) Parts II and IV apply to an act done by an employer of a relevant member of the House of Commons staff, and to service as such a member, as they apply to an act done by and to service for the purposes of a Minister of the Crown or government department, and accordingly apply as if references to a contract of employment included references to the terms of service of such a member.

(2) In this section “relevant member of the House of Commons staff” has the same meaning as in [F299 section 195 of the Employment Rights Act 1996]; and [F300 subsections (6) to (12)] of that section (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of Parts II and IV as they apply by virtue of this section.]

Textual Amendments

F298 S. 75A inserted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 7.

F299 Words in s. 75A(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 10(2)(a) (with ss. 191-195, 202)

F300 Words in s. 75A(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 10(2)(b) (with ss. 191-195, 202)

[F301 75B Application to House of Lords staff. E+W+S

(1) Parts II and IV apply in relation to employment as a relevant member of the House of Lords staff as they apply in relation to other employment.

(2) In this section “relevant member of the House of Lords staff” has the same meaning as in [F302 section 194 of the Employment Rights Act 1996]; and [F302 subsection (7)] of that section applies for the purposes of this section.]

Textual Amendments

F301 S. 75B inserted (30.11.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 10; S.I. 1993/2503, art. 2(2), Sch. 2.

F302 Words in s. 75B(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 3(a)(b) (with ss. 191-195, 202)

76 Government appointments outside s. 4. E+W+S

(1) [F303 Subsection (2)] applies to any appointment by a Minister of the Crown or government department to an office or post where section 4 does not apply in relation to the appointment.

(2) In making the appointment, and in making the arrangements for determining who should be offered the office or post, the Minister of the Crown or government department shall not do an act which would be unlawful under section 4 if the Crown were the employer for the purposes of this Act.

[F304 (3) Subsection (5) applies to—

(a) any recommendation made by a Minister of the Crown or government department in relation to an appointment to an office or post where section 4 does not apply in relation to the appointment; and

(b) any approval given by such a Minister or department in relation to any such appointment.

(4) Subsection (5) also applies to—

(a) any recommendation made by a Minister of the Crown or government department in relation to a conferment by the Crown of a dignity or honour; and

(b) any approval given by such a Minister or department in relation to any such conferment.

(5) In making the recommendation, or giving the approval, and in making the arrangements for determining who should be recommended or approved, the Minister of the Crown or government department shall not do an act which would be unlawful under section 4 if the recommendation or approval were an offer of employment and the Crown were the employer for the purposes of this Act.

(6) Subsections (3) to (5) do not apply in relation to the making of negative recommendations.

(7) Subsection (9) applies to—

(a) any negative recommendation made by a Minister of the Crown or government department, or any refusal to make a recommendation by such a Minister or department, in relation to an appointment to an office or post where section 4 does not apply in relation to the appointment; and

(b) any approval refused by such a Minister or department in relation to any such appointment.

(8) Subsection (9) also applies to—

(a) any negative recommendation made by a Minister of the Crown or government department, or any refusal to make a recommendation by such a Minister or department, in relation to a conferment by the Crown of a dignity or honour; and

(b) any approval refused by such a Minister or department in relation to any such conferment.

(9) In making a negative recommendation or in refusing to make a recommendation or give an approval, and in making the arrangements for determining whether to make such a recommendation or refusal, the Minister of the Crown or government department shall not do an act which would be unlawful under section 4 if the recommendation or refusal were a refusal to offer the person concerned employment and the Crown were the employer for the purposes of this Act.

(10) [F305 subsections (11) and (11B) apply] in relation to any appointment to an office or post where section 4 does not apply and—

(a) the appointment is made by a Minister of the Crown or government department; or

(b) the office or post is an office or post in relation to which a Minister of the Crown or government department has made a recommendation (other than a negative recommendation) or given an approval.

(11) A Minister of the Crown or government department shall not do an act in connection with—

(a) the terms of the appointment;

(b) access for the person appointed to opportunities for promotion, transfer or training, or to any other benefits, facilities or services; or

(c) the termination of the appointment, or subjecting the person appointed to any other detriment;

which would be unlawful under section 4 if the Crown were the employer for the purposes of this Act.

[F306 (11A) In subsection (11)(c) reference to the termination of the appointment includes, where the act is committed on the grounds of race or ethnic or national origins, reference—

(a) to the termination of the appointment 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 appointment is renewed on the same terms and conditions; and

(b) to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment by reason of the conduct of the Minister or the department, as the case may be.

(11B) It is unlawful for a Minister of the Crown or government department to subject to harassment a person who has been appointed, or who is seeking or being considered for, the appointment.]

(12) The High Court may, on an application for judicial review, make a declaration to the effect that a Minister of the Crown or government department has [F307 contravened—

(a) subsection (5);

(b) subsection (9);

(c) in relation to an appointment falling within subsection (10)(b), subsection (11); or

(d) subsection (11B),

and may award damages in respect of the contravention] .

(13) In Scotland, the Court of Session may, in a petition for judicial review, grant declarator to the like effect and may award damages in respect of the contravention.

[F308 (14) The provision made by subsection (12) in respect of judicial review does not affect the ability, where an act on grounds of race or ethnic or national origins, or harassment, is alleged, to present a complaint to an employment tribunal under section 54A(1).]

(15) In this section—

(a) references to refusal include references to deliberate omission;

(b) references to Ministers of the Crown and government departments include references to the [F309 Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government ] and any part of the Scottish Administration; and

(c) references to Ministers of the Crown and government departments so far as they relate to the making of a recommendation or a refusal to make a recommendation, or the giving or refusal of an approval, in relation to a conferment of a peerage for life under section 1 of the M15 Life Peerages Act 1958 include references to any body established by a Minister of the Crown to make such a recommendation to the Prime Minister or to determine whether to give such an approval.]

Textual Amendments

F303 Words in s. 76(1) substituted (2.4.2001) by 2000 c. 34, s. 3(2) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F304 S. 76(3)-(15) inserted (2.4.2001) by 2000 c. 34, ss. 3(1)(3) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F305 Words in s. 76(10) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 50(a)

F306 S. 76(11A)(11B) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 50(b)

F307 Words in s. 76(12) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 50(c)

F308 S. 76(14) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 50(d)

F309 Words in s. 76(15)(b) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 14

Marginal Citations

M15 1958 c. 21.

76ZA Other office holders E+W+S

(1) It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies, to discriminate against a person on the grounds of race or ethnic or national origins—

(a) in the arrangements which he makes for the purpose of determining to whom the appointment should be offered;

(b) in the terms on which he offers him the appointment; or

(c) by refusing or deliberately omitting to offer him the appointment.

(2) It is unlawful for a relevant person, in relation to a person who has been appointed to an office or post to which this section applies, to discriminate against him on grounds of race or ethnic or national origins—

(a) in the terms of the appointment;

(b) in the way he affords him access to opportunities for promotion, transfer, training or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them;

(c) by terminating the appointment; or

(d) by subjecting him to any other detriment in relation to the appointment.

(3) It is unlawful for a relevant person, in relation to an office or post to which this section applies, to subject to harassment a person who has been appointed to, or is seeking or being considered for appointment to, such an office or post.

(4) Subsections (1) and (2) do not apply to any act in relation to an office or post where, if the office or post constituted employment, the act would be lawful by virtue of section 4A (exception for genuine occupational requirement).

(5) Subsection (2) does not apply to benefits, facilities or services of any description if the relevant person is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or a section of the public to which the person belongs, unless—

(a) that provision differs in a material respect from the provision of the benefits, facilities or services to persons appointed to offices or posts which are the same as, or not materially different from, that to which the person has been appointed;

(b) the provision of the benefits, facilities or services to the person appointed is regulated by the terms and conditions of his appointment; or

(c) the benefits, facilities or services relate to training.

(6) In subsection (2)(c) reference to the termination of the appointment includes reference—

(a) to the termination of the appointment 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 appointment is renewed on the same terms and conditions; and

(b) to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment by reason of the conduct of the relevant person.

(7) This section applies to any office or post, other than a political office or post, where—

(a) sections 4, 7, 10, 26A, 26B and 76 do not apply in relation to appointment to that office or post;

(b) it is an office or post to which persons are appointed to discharge functions personally under the direction of another person; and

(c) it is an office or post in respect of which they are entitled to remuneration.

(8) For the purposes of subsection (7) the holder of an office or post—

(a) is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions; and

(b) is not to be regarded as entitled to remuneration merely because he is entitled to payments—

(i) in respect of expenses incurred by him in carrying out the functions of the office or post, or

(ii) by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.

(9) In this section—

(a) appointment to an office or post does not include election to an office or post;

(b) “political office or post” means—

(i) any office of the House of Commons held by a member of it;

(ii) a life peerage within the meaning of the Life Peerages Act 1958 M16 , or any office held in the House of Lords by a member of it;

(iii) any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975 M17 ;

(iv) the offices of Leader of the Opposition, Chief Opposition Whip or Assistant Opposition Whip within the meaning of the Ministerial and other Salaries Act 1975 M18 ;

(v) any office of the Scottish Parliament held by a member of it;

(vi) a member of the Scottish Executive within the meaning of section 44 of the Scotland Act 1998 M19 , or a junior Scottish Minister within the meaning of section 49 of that Act;

(vii) any office of the National Assembly for Wales held by a member of it;

[F310 (viia) a member of the Welsh Assembly Government;]

(viii) in England, any office of a county council, a London borough council, a district council or a parish council held by a member of it;

(ix) in Wales, any office of a county council, a county borough council or a community council held by a member of it;

(x) in relation to a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 M20 or a community council established under section 51 of the Local Government (Scotland) Act 1973 M21 , which is held by a member of it;

(xi) any office of the Greater London Authority held by a member of it;

(xii) any office of the Common Council of the City of London held by a member of it;

(xiii) any office of the Council of the Isles of Scilly held by a member of it; or

(xiv) any office of a political party; and

(c) “relevant person”, in relation to an office or post, means—

(i) any person with power to make or terminate appointments to the office or post, or to determine the terms of appointment; and

(ii) any person with power to determine the working conditions of a person appointed to the office or post in relation to opportunities for promotion, a transfer, training or for receiving any other benefit.

Textual Amendments

F310 S. 76ZA(9)(b)(viia) inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 15

Marginal Citations

M16 1958 c. 21

M17 1975 c. 24. Schedule 2 was amended by S.I. 2002/794, article 5(2), Schedule 2, and by the Scotland Act 1998 (c. 46), sections 48(6), 87(1) and Schedule 9.

M18 1975 c. 27

M19 1998 c. 46

M20 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

M21 1973 c. 65. Section 51 was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 14, paragraph 1.

[F311 Police] E+W+S

Textual Amendments

F311 Ss. 76A, 76B and cross-heading inserted (2.4.2001) by 2000 c. 34, s. 4 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F312 76A Police forces. E+W+S

(1) In this section, “relevant police office” means—

(a) the office of constable held—

(i) as a member of a police force; or

(ii) on appointment as a special constable for a police area; or

(b) an appointment as police cadet to undergo training with a view to becoming a member of a police force.

(2) For the purposes of Part II, the holding of a relevant police office shall be treated as employment—

(a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it;

(b) by the police authority as respects any act done by it in relation to that office or a holder of it.

(3) For the purposes of section 32—

(a) the holding of a relevant police office 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.

(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 this section, would lie against a chief officer of police shall be brought against—

(a) the chief officer of police for the time being; or

(b) 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) 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 damages or costs awarded in proceedings under this Act against a person under the direction and control of the chief officer of police;

(b) any costs 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.

Textual Amendments

F312 Ss. 76A, 76B and cross-heading inserted (2.4.2001) by 2000 c. 34, s. 4 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F313 76B Other police bodies etc. E+W+S

(1) [F314 Section 76A applies in relation to the National Criminal Intelligence Service (“NCIS”) and the National Crime Squad (“the NCS”) as it applies in relation to a police force but as if any reference—

(a) to the chief officer of police were to the Director General of NCIS or of the NCS, as the case may be;

(b) to the police authority were to the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad, as the case may be;

(c) to the police fund were to the service fund established under section 16 of the M22 Police Act 1997 (NCIS service fund) or section 61 of that Act (the NCS service fund), as the case may be.]

(2) Section 76A [F315 also] applies in relation to any other body of constables or cadets as it applies in relation to a police force, but as if any reference—

(a) to the chief officer of police were to the officer or other person who has the direction and control of the body in question;

(b) to the police authority were to the authority by whom the members of the body are paid;

(c) to the police fund were to money provided by that authority.

[F316 (2A) Constables serving with the Serious Organised Crime Agency do not constitute a body of constables for the purposes of subsection (2).]

(3) In relation to a member of a police force or a special constable who is not under the direction and control of the chief officer of police for that police force or, as the case may be, for the police area to which he is appointed, references in section 76A to the chief officer of police are references to the chief officer under whose direction and control he is.

Textual Amendments

F313 Ss. 76A, 76B and cross-heading inserted (2.4.2001) by 2000 c. 34, s. 4 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F314 S. 76B(1) repealed (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), Sch. 4 para. 34(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4, Sch. paras. 10, 13(n)

F315 Word in s. 76B(2) repealed (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), Sch. 4 para. 34(3), Sch. 17 Pt. 2; S.I. 2006/378, art. 4, Sch. paras. 10, 13(n)

F316 S. 76B(2A) inserted (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 59, Sch. 4 para. 34(4); S.I. 2006/378, art. 4, Sch. para. 10

Marginal Citations

M22 1997 c. 50.

77 Financial provisions. E+W+S

There shall be defrayed out of money provided by Parliament—

(a) sums required by the Secretary of State for making payments under paragraph 5 or 16 of Schedule 1 or paragraph 12 of Schedule 2, and for defraying any other expenditure falling to be made by him under or by virtue of this Act;

(b) any expenses incurred by the Secretary of State with the consent of the Treasury in undertaking, or financially assisting the undertaking by other persons of, research into any matter connected with relations between persons of different racial groups;

(c) payments falling to be made under section 67(5) in respect of the remuneration of assessors; and

(d) any increase attributable to the provisions of this Act in the sums payable out of money provided by Parliament under any other Act.

78 General interpretation provisions. E+W+S

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

• “access” shall be construed in accordance with section 40;

• “act” includes a deliberate omission;

• “advertisement” includes every form of advertisement or notice, 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;

• [F317 “board of management”, in relation to a self-governing school, has the same meaning as in the Education (Scotland) Act 1980;]

• [F318 [F319 “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;]

• [F320 “body” includes an unincorporated association;

• “the Commission” means the [F321 Commission for Equality and Human Rights];

• “Commissioner” means a member of the Commission;

• [F322 “criminal investigation” has the meaning given by section 57(4B);

• [F323 [F324 “criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);]

• “designated county court” has the meaning given by section 67(1);

• [F325 “detriment” does not include conduct of a nature such as to constitute harassment under section 3A;

• “discrimination” and related terms shall be construed in accordance with section 3(3);

• “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;

• “education authority”and “educational establishment" have for Scotland the same meaning as they have respectively in [F326 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;

• [F327 “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

• “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 M23 Partnership Act 1890;

• F328 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “further education” has . . . F329 for Scotland the meaning given by [F330 section 135(1) of the Education (Scotland) Act 1980];

• “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 5;

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

• “independent school” has for England and Wales the meaning given by section 114(1) of the M24 Education Act 1944, and for Scotland the meaning given by [F331 section 135(1) of the Education (Scotland) Act 1980];

• [F332 “local authority” has the meaning given by section 579(1) of the Education Act 1996; ]

• F333 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “managers” has for Scotland the same meaning as in [F334 s. 135(1) of the Education (Scotland) Act 1980];

• F335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Minister of the Crown” includes the Treasury and the Defence Council;

• “nationality” includes citizenship;

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

• F328 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “notice” means a notice in writing;

• “prescribed” means prescribed by regulations made by the [F336 Secretary of State];

• “profession” includes any vocation or occupation;

• “proprietor”, in relation to a school, has for England and Wales the meaning given by section 114(1) of the M25 Education Act 1944, and for Scotland the meaning given by [F334 s. 135(1) of the Education (Scotland) Act 1980].

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

• “racial grounds” and “racial group” have the meaning given by section 3(1);

• “school” has for England and Wales the meaning given by section 114(1) of the M26 Education Act 1944, and for Scotland the meaning given by [F334 s. 135(1) of the Education (Scotland) Act 1980];

• “school education” has for Scotland the meaning given by [F334 s. 135(1) of the Education (Scotland) Act 1980];

• [F337 “self-governing school” has the same meaning as in the Education (Scotland) Act 1980;]

• [F338 “social protection” and “social advantage” have the same meaning as in Article 3 of Council Directive 2000/43/EC;

• “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;

• F339 . . .

(2) It is hereby declared that in this Act “premises”, unless the context otherwise requires, includes land of any description.

(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 F340 . . . a finding by a court or tribunal becomes final when an appeal against the F341 . . . finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; F342 . . . .

(5) For the purposes of this Act a person is a near relative of another if that person is the wife or husband [F343 or civil partner] , a parent or child, a grandparent or grandchild, or a brother or sister of the other (whether of full blood or half-blood or [F344 by marriage or civil partnership)] , and “child” includes an illegitimate child and the wife or husband [F343 or civil partner] 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 or Schedule is a reference to the Part 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

F317 S. 78(1): definition of "board of management" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

F318 Definition in s. 78(1) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(5); S.I. 1992/817, art. 3(2), Sch. 1.

F319 S. 78(1): definition of "board of management" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

F320 S. 78(1): definition of "body" inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 19 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F321 S. 78(1): words in definition of "the Commission" substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 33(a)(i) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F322 S. 78(1): definition of

“criminal investigation”

inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 19 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F323 S. 78(1): definition of

“criminal proceedings”

inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 19 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F324 S. 78(1): definition of "criminal proceedings" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 371, 383, Sch. 16 para. 81; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F325 S. 78(1): definition of "detriment" inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 52

F326 In s. 78(1) in the definition of “education authority" and “educational establishment" 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 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 15

F327 S. 78(1): definition of

“enactment”

inserted (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1), Sch. Pt. I para. 9

F328 S. 78(1): definitions of "formal investigation" and " non-discrimination notice" repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 33(a)(ii), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F329 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. II

F330 In s. 78(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. 15

F331 In s. 78(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. 15

F332 S. 78(1): definition of "local authority" inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 30(5)

F333 Definition of “industrial tribunal" repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), Sch. 4

F334 In s. 78(1) in the definitions of “managers", “proprietor", “school" and “school education" for the respective references to subsections (26), (37), (42) and (43A) of section 140 of the Education (Scotland) Act 1962 there are substituted references to s. 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 15

F335 S. 78(1): definition of "the Minister" omitted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(4)(a)

F336 S. 78(1): words in definition of "prescribed" substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), Sch. para. 4(4)(b)

F337 S. 78(1): definition of "self-governing school" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

F338 S. 78(1): definition of "social protection" and "social advantage" inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 52

F339 S. 78(1): definition of "upper limit of compulsory school age" repealed (1.9.1997) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. II (with ss. 1(4), 561, 562, Sch. 39 paras. 5, 6, 8, 30, 39); S.I. 1997/1623, art. 2(2)

F340 Words in s. 78(4) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 33(b)(i), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F341 Words in s. 78(4) repealed (1.10.2007) by virtue of Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 33(b)(ii), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F342 Words in s. 78(4) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 33(b)(iii), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F343 Words in s. 78(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 55; S.I. 2005/3175, art. 2(1), Sch. 1

F344 Words in s. 78(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 55; S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C34 S. 78(1) modified by Estate Agents Act 1979 (c. 38, SIF 124:1), s. 3(1), Sch. 1 para. 4(2)

C35 In s. 78(1) in the definition of “education authority" and “educational establishment" 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 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 15

C36 In s. 78(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. 15

C37 In s. 78(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. 15

C38 In s. 78(1) in the definitions of “managers", “proprietor", “school" and “school education" for the respective references to subsections (26), (37), (42) and (43A) of section 140 of the Education (Scotland) Act 1962 there are substituted references to s. 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 15

C39 S. 78(1) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 16(2)

C40 S. 78(4) modified by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 3(1), Sch. 1 para. 4(2)

Marginal Citations

M23 1890 c. 39.

M24 1944 c. 31.

M25 1944 c. 31.

M26 1944 c. 31.

79 Transitional and commencement provisions, amendments and repeals. E+W+S

(1) The provisions of Schedule 2 shall have effect for making transitional provision for the purposes of this Act.

(2) This Act shall come into operation on such day as the Secretary of State may by order appoint, and different days may be so appointed for different provisions and for different purposes.

X1 (3) The enactments specified in Schedule 3 shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential on the preceding provisions of this Act).

X1 (4) The M27 Sex Discrimination Act 1975 shall have effect subject to the amendments specified in Schedule 4, being amendments for bringing provisions in that Act relating to its administration and enforcement into conformity with the corresponding provisions in this Act.

(5) Subject to the provisions of Schedule 2, the enactments specified in Schedule 5 are hereby repealed to the extent shown in column 3 of that Schedule.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F345

(7) An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation, including such adaptations of those provisions, or of any provisions of this Act then in operation, as appear to the Secretary of State necessary or expedient in consequence of the partial operation of this Act.

Subordinate Legislation Made

P5 S. 79(2): power of appointment fully exercised by S.Is. 1977/680 and 1977/840

Editorial Information

X1 The text of s. 79(3)(4), Sch. 1 para. 18(1)(2), Sch. 3 para. 1(1)(5), Sch. 4 paras. 1–9, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F345 S. 79(6) repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(3), Sch. 3

Marginal Citations

M27 1975 c. 65

80 Short title and extent. E+W+S

(1) This Act may be cited as the Race Relations Act 1976.

(2) This Act, except so far as it amends or repeals any provision of the M28 House of Commons Disqualification Act 1975 or the M29 Northern Ireland Assembly Disqualification Act 1975, does not extend to Northern Ireland.

Marginal Citations

M28 1975 c. 24.

M29 1975 c. 25.

SCHEDULES

SCHEDULE 1 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F346 SCHEDULE 1A E+W+S Bodies and other persons subject to general statutory duty]

Textual Amendments

F346 Sch. 1A inserted (2.4.2001) by 2000 c. 34, s. 2(2), Sch. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)

[F347 PART I E+W+S ORIGINAL CATEGORIES OF BODIES AND OTHER PERSONS]

Textual Amendments

F347 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X3 F348 Ministers of the Crown and government departments E+W+S

Editorial Information

X3 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F348 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X4 F349 1 (1) A Minister of the Crown or government department.

(2) Sub-paragraph (1) does not include the Security Service, the Intelligence Service or the Government Communications Headquarters.

Editorial Information

X4 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F349 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X5 F350 Scottish Administration E+W+S

Editorial Information

X5 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F350 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X6 F351 2 (1) An office-holder in the Scottish Administration within the meaning given by section 126(7)(a) of the M38 Scotland Act 1998.

(2) Members of the staff of the Scottish Administration within the meaning given by section 126(7)(b) of that Act.

Editorial Information

X6 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F351 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M38 1998 c. 46.

[F352 X7 F353 National Assembly for Wales Commission] E+W+S

Editorial Information

X7 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F352 Sch. 1A paras. 3A, 3B and preceding cross-heading substituted (1.4.2007) for Sch. 1A para. 3 and preceding cross-heading by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 16

F353 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

3A The National Assembly for Wales Commission.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Welsh Assembly Government E+W+S

3B (1) The Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(2) A subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006)..

X9 F356 Armed forces E+W+S

Editorial Information

X9 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F356 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X10 F357 4 Any of the naval, military or air forces of the Crown.

Editorial Information

X10 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F357 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X11 F358 National Health Service: England and Wales E+W+S

Editorial Information

X11 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F358 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X12 F359 5 [F360 A Strategic Health Authority][F361 established under section 13 of the National Health Service Act 2006]

Editorial Information

X12 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F359 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F360 Words in Sch. 1A Pt. I para. 5 substituted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(a)

F361 Words in Sch. 1A Pt. I para. 5 inserted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 56(a)(i) (with Sch. 3 Pt. 1)

5A A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

X13 F362 6 A special health authority established under [F363 section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006] .

Editorial Information

X13 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F362 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F363 Words in Sch. 1A Pt. I para. 6 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 56(b) (with Sch. 3 Pt. 1)

X14 F364 7 A primary care trust established under [F365 section 18 of the National Health Service Act 2006] .

Editorial Information

X14 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F364 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F365 Words in Sch. 1A Pt. I para. 7 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 56(c) (with Sch. 3 Pt. 1)

X15 F366 8 A National Health Service trust established under [F367 section 25 of that Act, or section 18 of the National Health Service (Wales) Act 2006] .

Editorial Information

X15 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F366 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F367 Words in Sch. 1A Pt. 1 para. 8 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 56(d) (with Sch. 3 Pt. 1)

8A An NHS foundation trust.

X16 F368 National Health Service: Scotland E+W+S

Editorial Information

X16 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F368 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X17 F369 9 A Health Board constituted under section 2 of the M40 National Health Service (Scotland) Act 1978.

Editorial Information

X17 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F369 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M40 1978 c. 29.

X18 F370 10 A Special Health Board constituted under section 2 of that Act.

Editorial Information

X18 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F370 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X19 F371 11 A National Health Service Trust established under section 12A of that Act.

Editorial Information

X19 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F371 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X20 F372 Local government E+W+S

Editorial Information

X20 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F372 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X21 F373 12 A local authority within the meaning of the M41 Local Government Act 1972, namely—

(a) in England, a county council, a London borough council, a district council or a parish council;

(b) in Wales, a county council, a county borough council or a community council.

Editorial Information

X21 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F373 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M41 1972 c. 70.

X22 F374 13 A council constituted under section 2 of the M42 Local Government etc. (Scotland) Act 1994.

Editorial Information

X22 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F374 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M42 1994 c. 39.

X23 F375 14 A community council established under section 51 of the M43 Local Government (Scotland) Act 1973.

Editorial Information

X23 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F375 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M43 1973 c. 65.

X24 F376 15 The Greater London Authority.

Editorial Information

X24 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F376 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X25 F377 16 The Common Council of the City of London in its capacity as a local authority or port health authority.

Editorial Information

X25 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F377 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X26 F378 17 The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in his capacity as a local authority.

Editorial Information

X26 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F378 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X27 F379 18 The Council of the Isles of Scilly.

Editorial Information

X27 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F379 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X28 F380 19 A parish meeting constituted under section 13 of the M44 Local Government Act 1972.

Editorial Information

X28 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F380 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M44 1972 c. 70.

X29 F381 20 Any charter trustees constituted under section 246 of that Act.

Editorial Information

X29 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F381 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

21 [F382 A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.]

Textual Amendments

F382 Sch. 1A Pt. I para. 21 substituted (1.10.2004 for E.S. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 53(1), Sch. 1 para. 48; S.I. 2004/2304, art. 2(3) (subject to art. 3); S.I. 2004/2917, art. 2

X30 F383 22 A waste disposal authority established by virtue of an order under section 10(1) of the M45 Local Government Act 1985.

Editorial Information

X30 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F383 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M45 1985 c. 51.

[F384 X31 F385 23 A water or sewerage authority constituted under section 62 of the M46 Local Government etc. (Scotland) Act 1994.]

Editorial Information

X31 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F384 Sch. 1A para. 23 repealed (S.) (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 9 (with s. 67); S.I. 2002/118, art. 2(3)

F385 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M46 1994 c. 39.

X32 F386 24 A port health authority constituted by an order under section 2 of the M47 Public Health (Control of Disease) Act 1984.

Editorial Information

X32 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F386 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M47 1984 c. 22.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

X33 F387 F388 25

Editorial Information

X33 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F387 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F388 Sch. 1A entry 25 repealed (3.12.2001) by S.I. 2001/3457, art. 2(b)

[F389 X34 F390 26 A licensing board continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005.]

Editorial Information

X34 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F389 Sch. 1A para. 26 substituted (S.) (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 2(1), Sch. 1 para. 2

F390 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X35 F391 27 An internal drainage board which is continued in being by virtue of section 1 of the M48 Land Drainage Act 1991.

Editorial Information

X35 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F391 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M48 1991 c. 59.

[F392 X36 F393 28 A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.]

Editorial Information

X36 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F392 Sch. 1A entry 28 substituted (3.12.2001) by S.I. 2001/3457, art. 2(c)

F393 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X37 F394 29 A joint authority established under Part IV of the M49 Local Government Act 1985 [F395 (fire and rescue services and transport)] .

Editorial Information

X37 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F394 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F395 Words in Sch. 1A para. 29 substituted (1.4.2005) by Civil Contingencies Act 2004 (c. 36), s. 32(1), Sch. 2 Pt. 1 para. 10(3)(a); S.I. 2005/772, art. 2(b)

Marginal Citations

M49 1985 c. 51.

X38 F396 30 A joint board within the meaning of section 235(1) of the M50 Local Government (Scotland) Act 1973.

Editorial Information

X38 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F396 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M50 1973 c. 65.

X39 F397 31 The London Fire and Emergency Planning Authority.

Editorial Information

X39 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F397 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X40 F398 32 A body corporate established pursuant to an order under section 67 of the M51 Local Government Act 1985 (transfer of functions to successors of residuary bodies, etc.).

Editorial Information

X40 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F398 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M51 1985 c. 51.

X41 F399 33 [F400 A body corporate established pursuant to an order under section 22 of the M52 Local Government Act 1992 (residuary bodies).]

Editorial Information

X41 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F399 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F400 Sch. 1A Pt. 1 para. 33 repealed (1.11.2007 with application in relation to local authorities in England only) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 22, 241, 245, Sch. 1 para. 12, Sch. 18; S.I. 2007/3136, arts. 1(1), 2 (subject to art. 3)

Marginal Citations

M52 1992 c. 19.

X42 F401 34 The Broads Authority established by section 1 of the M53 Norfolk and Suffolk Broads Act 1988.

Editorial Information

X42 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F401 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M53 1988 c. 4.

X43 F402 35 A joint committee constituted in accordance with section 102(1)(b) of the M54 Local Government Act 1972.

Editorial Information

X43 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F402 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M54 1972 c. 70.

X44 F403 36 A joint board which is continued in being by virtue of section 263(1) of that Act.

Editorial Information

X44 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F403 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X45 F404 37 A joint authority established under section 21 of the M55 Local Government Act 1992.

Editorial Information

X45 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F404 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M55 1992 c. 19.

X46 F405 38 A Passenger Transport Executive for [F406 an integrated transport area or] a passenger transport area within the meaning of Part II of the M56 Transport Act 1968.

Editorial Information

X46 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F405 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F406 Words in Sch. 1A para. 38 inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 77, 134(3), Sch. 4 para. 49(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1 (with Sch. 1 Pt. 2)

Marginal Citations

M56 1968 c. 73.

X47 F407 39 Transport for London.

Editorial Information

X47 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F407 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X48 F408 40 The London Development Agency.

Editorial Information

X48 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F408 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X49 F409 41 A regional development agency established under the M57 Regional Development Agencies Act 1998 (other than the London Development Agency).

Editorial Information

X49 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F409 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M57 1998 c. 45.

X50 F410 42 Scottish Enterprise and Highland and Islands Enterprise, established under the M58 Enterprise and New Towns (Scotland) Act 1990.

Editorial Information

X50 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F410 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M58 1990 c. 35.

X51 F411 43 A National Park authority established by an order under section 63 of the M59 Environment Act 1995.

Editorial Information

X51 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F411 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M59 1995 c. 25.

X52 F412 44 A joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M60 Town and Country Planning Act 1990.

Editorial Information

X52 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F412 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M60 1990 c. 8.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

X53 F413 45 F414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X53 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F413 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F414 Sch. 1A para. 45 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1)(3), Sch. 8 para. 187(2), Sch. 10; S.I. 2005/910, art. 3(y)(aa)

X54 Other educational bodies E+W+S

Editorial Information

X54 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

X55 F415 46 Governing bodies of—

(a) educational establishments maintained by [F416 local authorities];

(b) institutions within the further education sector (within the meaning of section 91(3) of the M61 Further and Higher Education Act 1992); or

(c) institutions within the higher education sector (within the meaning of section 91(5) of the Act of 1992).

Editorial Information

X55 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F415 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F416 Words in Sch. 1A para. 46 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 30(4)

Marginal Citations

M61 1992 c. 13.

X56 F417 47 The managers of a grant-aided school (within the meaning of section 135 of the M62 Education (Scotland) Act 1980).

Editorial Information

X56 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F417 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M62 1980 c. 44.

F418 48 The managers of a central institution (within the meaning of section 135 of the Act of 1980).

Textual Amendments

F418 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X57 F419 49 The board of management of a self-governing school (within the meaning of the M63 Self-Governing Schools etc. (Scotland) Act 1989).

Editorial Information

X57 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F419 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M63 1989 c. 39.

X58 F420 50 The board of management of a college of further education (within the meaning of section 36(1) of the M64 Further and Higher Education (Scotland) Act 1992).

Editorial Information

X58 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F420 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M64 1992 c. 37.

X59 F421 51 The governing body of an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992).

Editorial Information

X59 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F421 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X60 Other housing bodies E+W+S

Editorial Information

X60 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

X61 F422 52 The [F423 Office for Tenants and Social Landlords].

Editorial Information

X61 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F422 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F423 Words in Sch. 1A Pt. 1 para. 52 substituted (1.12.2008 1.4.2009 so far as not already in force) by Housing and Regeneration Act 2008 (c. 17), ss. 277, 325, Sch. 9 para. 4; S.I. 2008/3068, arts. 1(2), 3 (with arts. 6-10); S.I. 2010/862, art. 2 (with Sch.)

52A The Homes and Communities Agency.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

X62 53 F424 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X62 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F424 Sch. 1A Pt. I: entry omitted (3.10.2006) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2006 (S.I. 2006/2470), art. 2(a)

X63 F425 54 A housing action trust established under Part III of the M65 Housing Act 1988.

Editorial Information

X63 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F425 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M65 1988 c. 50.

X64 Police E+W+S

Editorial Information

X64 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

X65 F426 55 A police authority established under section 3 of the M66 Police Act 1996.

Editorial Information

X65 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F426 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M66 1996 c. 16.

X66 F427 56 A police authority established under section 2 of the M67 Police (Scotland) Act 1967.

Editorial Information

X66 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F427 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M67 1967 c. 77.

X67 F428 57 The Metropolitan Police Authority established under section 5B of the M68 Police Act 1996.

Editorial Information

X67 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F428 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

Marginal Citations

M68 1996 c. 16.

X68 F429 58 The Common Council of the City of London in its capacity as a police authority.

Editorial Information

X68 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F429 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

X69 F430 59 [F431 The Service Authority for the National Criminal Intelligence Service.]

Editorial Information

X69 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F430 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F431 Sch. 1A Pt. I para. 59 repealed (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), Sch. 4 para. 35(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4, Sch. paras. 10, 13(n)

X70 F432 60 [F433 The Service Authority for the National Crime Squad.]

Editorial Information

X70 The existing provisions of Sch. 1A (paras. 1-60) became Sch. 1A Pt. I with effect from 3.12.2001 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 3.12.2001 or navigate via the Sch. 1A heading.

Textual Amendments

F432 Sch. 1A: Pt. I Heading inserted (3.12.2001) by S.I. 2001/3457, art. 2(a) (and the existing provisions of Sch. 1A (paras. 1 to 60) therefore become Sch. 1A Pt. I)

F433 Sch. 1A Pt. I para. 60 repealed (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), Sch. 4 para. 35(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4, Sch. paras. 10, 13(n)

[F434 PART II E+W+S BODIES AND OTHER PERSONS ADDED AFTER COMMENCEMENT OF GENERAL STATUTORY DUTY]

Textual Amendments

F434 Sch. 1A Pt. II inserted (3.12.2001) by S.I. 2001/3457, art. 2(d), Sch.

Health E+W+S

The Administration of Radioactive Substances Advisory Committee.

The Care Quality Commission.

F435 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F435 Sch. 1A Pt. 2: entry relating to the Commission for Healthcare Audit and Inspection repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(3), Sch. 5 para. 59(2)(a), Sch. 15 Pt. I (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 35(w)

F436 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436 Sch. 1A Pt. II: entry repealed (11.11.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004 (S.I. 2004/2987), art. 2(2)(a)

F437 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F437 Sch. 1A Pt. 2: entry relating to the Commission for Social Care Inspection repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(3), Sch. 5 para. 59(2)(a), Sch. 15 Pt. I (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 35(w)

The Commons Services Agency for the NHS in Scotland.

F438 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F438 Sch. 1A Pt. II: entry omitted (9.7.2003) by virtue of The Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590), art. 3, Sch. para. 4(a) (and expressed to be omitted (31.12.2003) by virtue of S.I. 2003/3007, art. 2(b)(i))

F439 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F439 Sch. 1A Pt. II: entry repealed (1.4.2006) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 196, Sch. 14 Pt. 4; S.I. 2005/2925, art 11

F440 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F440 Sch. 1A Pt. II: entry omitted (1.8.2004) by virtue of The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 9

[F441 The Health Protection Agency.]

Textual Amendments

F441 Sch. 1A Pt. II: entry inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), s. 11(1), Sch. 3 para. 8; S.I. 2005/121, art. 2(2)

The Human Fertilisation and Embryology Authority.

F442 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F442 Sch. 1A Pt. II: entry omitted (coming into force in accordance with art. 1(3) of the amending S.I.) by virtue of The General and Specialist Medical Practice (Education, Training and qualifications) Order 2003 (S.I. 2003/1250), art. 31(5), Sch. 9 para. 1(a)

The Joint Committee on Vaccination and Immunisation.

The Mental Welfare Commission for Scotland.

Textual Amendments

F443 Sch. 1A Pt. 2: entry for the National Biological Standards Board repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3), Sch. 15 Pt. 7; S.I. 2009/270, art. 2(2)(b)

The Office of the Health Professions Adjudicator.

F444 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F444 Sch. 1A Pt. 2: entry for "Postgraduate Medical Education and Training Board" omitted (1.4.2010) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), Sch. 3 para. 1(2)(b); S.I. 2010/478, art. 2(c)

F445 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F445 Sch. 1A Pt. II: entry omitted (1.4.2005 for E.W) and repealed (1.4.2006) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 196, Sch. 13 para. 3, Sch. 14 Pt. 7; S.I. 2005/457, art. 2(a); S.I. 2005/2925, art. 11

The Royal College of Anaesthetists, in respect of its public functions.

The Royal College of General Practitioners, in respect of its public functions.

The Royal College of Midwives, in respect of its public functions.

The Royal College of Nursing, in respect of its public functions.

The Royal College of Obstetricians and Gynaecologists, in respect of its public functions.

The Royal College of Ophthalmologists, in respect of its public functions.

The Royal College of Paediatrics and Child Health, in respect of its public functions.

The Royal College of Pathologists, in respect of its public functions.

The Royal College of Physicians, in respect of its public functions.

The Royal College of Psychiatrists, in respect of its public functions.

The Royal College of Radiologists, in respect of its public functions.

The Royal College of Speech and Language Therapists, in respect of its public functions.

The Royal College of Surgeons of England, in respect of its public functions.

The Scottish Dental Practice Board.

The Scottish Hospital Endowments Research Trust.

F446 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F446 Sch. 1A Pt. II: entry repealed (S.) (6.2.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 17, Sch. 4 para. 4(c); S.S.I. 2003/602, art. 2(2)(a)

F447 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F447 Sch. 1A Pt. II: entry repealed (S.) (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 17, Sch. 4 para. 4(d); S.S.I. 2004/148, art. 2

F448 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F448 Sch. 1A Pt. II: entry omitted (coming into force in accordance with art. 1(3) of the amending S.I.) by virtue of The General and Specialist Medical Practice (Education, Training and qualifications) Order 2003 (S.I. 2003/1250), art. 31(5), Sch. 9 para. 1(a)

The Standing Dental Advisory Committee.

The Standing Medical Advisory Committee.

The Standing Nursing and Midwifery Advisory Committee.

The Standing Pharmaceutical Advisory Committee.

The Unrelated Live Transplant Regulatory Authority.

The Welsh Committee for Professional Development of Pharmacy.

The Welsh Dental Committee.

The Welsh Medical Committee.

F449 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F449 Sch. 1A Pt. II: entry omitted (1.8.2004) by virtue of The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 9

The Welsh Nursing and Midwifery Committee.

The Welsh Optometric Committee.

The Welsh Pharmaceutical Committee.

Education E+W+S

F450 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F450 Sch. 1A Pt. II: entry repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 7, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(ii)

The British Educational [F451 Communications] and Technology Agency.

Textual Amendments

F451 Sch. 1A Pt. II: word substituted (31.12.2003) by The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(ii)

A City Academy established by an agreement under section 482 of the Education Act 1996.

A City College for the Technology of the Arts established by an agreement under section 482 of the Education Act 1996.

A City Technology College established by an agreement under section 482 of the Education Act 1996.

A college of further education maintained by an education authority, in the exercise of its further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980.

F452 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F452 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(ii)

The Construction Industry Training Board.

The Engineering Construction Industry Training Board.

The General Teaching Council for England.

The General Teaching Council for Scotland.

The General Teaching Council for Wales.

The Higher Education Funding Council for England.

The Higher Education Funding Council for Wales.

[F453 The Chief Executive of Skills Funding.]

Textual Amendments

F453 Sch. 1A Pt. 2: entry substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 123, 269, Sch. 6 para. 1; S.I. 2010/303, art. 3(1), Sch. 2

Learning and Teaching Scotland.

F454 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F454 Sch. 1A Pt. II: entry omitted (W.) (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 9(1), Sch. 1 para. 8 (with transitional provisions in art. 7)

Newbattle Abbey College.

[F455 The Qualifications and Curriculum Development Agency]

Textual Amendments

F455 Sch. 1A Pt. 2: entry substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 174, 192, 269, Sch. 12 para. 7; S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)

F456 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F456 Sch. 1A Pt. II: entry omitted (W.) (1.4.2006) by virtue of The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 9(1), Sch. 1 para. 3 (with transitional provisions in art. 7)

The Quality Assurance Agency for Higher Education.

Sabhal Mòr Ostaig College.

The School Teachers’ Review Body.

[F457 The Scottish Further and Higher Education Funding Council.]

Textual Amendments

F457 Sch. 1A Pt. II: entry inserted (3.10.2005) by The Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077), art. 5(b)

F458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F458 Sch. 1A Pt. II: entry repealed (S.) (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 32, Sch. 3 para. 4(b)(i); S.S.I. 2005/419, art. 2(1)

The Scottish Further Education Unit, in respect of its public functions.

F459 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F459 Sch. 1A Pt. II: entry repealed (S.) (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 32, Sch. 3 para. 4(b)(ii); S.S.I. 2005/419, art. 2(1)

The Scottish Qualifications Authority.

The Students Loans Company.

[F460 The Training and Development Agency for Schools.]

Textual Amendments

F460 Sch. 1A Pt. II: entry substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 8

[F461 The Young People's Learning Agency for England.]

Textual Amendments

F461 Sch. 1A Pt 2: entry for "The Young People's Learning Agency" inserted by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010, {Sch. 1 para. 11}

Police E+W+S

The British Transport Police.

The Chief Constable for the Ministry of Defence Police appointed by the Secretary of State under section 1(3) of the Ministry of Defence Police Act 1987.

The Civil Nuclear Police Authority.

The chief constable of the Civil Nuclear Constabulary.

A chief constable of a police force maintained under section 2 of the Police Act 1996.

A chief constable of a police force maintained under section 1 of the Police (Scotland) Act 1967.

The Commissioner of Police for the City of London.

The Commissioner of Police of the Metropolis.

[F462 The National Policing Improvement Agency.]

Textual Amendments

F462 Sch. 1A Pt II: entry inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 60; S.I. 2007/709, art. 3 (subject to arts. 6, 7)

F463 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F463 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(iii)

F464 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F464 Sch. 1A Pt. II: entry repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6,7)

The Police Negotiating Board.

A Selection Panel for Independent Members of Police Authorities.

Libraries, museums and arts E+W+S

The Advisory Committee on Sites of Special Scientific Interest.

The Advisory Council on Public Records.

F465 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F465 Sch. 1A Pt. II: entries repealed (S.) (31.5.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 17, Sch. 4 para. 4(a)(b); S.S.I. 2003/219, art. 2(1)(c) (and expressed to be omitted (31.12.2003) by virtue of S.I. 2003/3007, art. 2(b)(iv))

F466 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F466 Sch. 1A Pt. II: entry repealed (W.) (1.4.2006) by The Ancient Monuments Board for Wales (Abolition) Order 2006 (S.I. 2006/64), art. 3(1)(b)(i)

The Arts Council of England.

The Arts Council of Wales.

The British Library.

The British Museum.

The British Tourist Authority.

The Commission for Architecture and the Built Environment.

The Countryside Council for Wales.

The Design Council.

F467 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F467 Sch. 1A Pt. II: entry repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 105(2), Sch. 11 para. 61(4), Sch. 12; S.I. 2006/2541, art. 2

The English Tourist Board.

The Film Council.

The Geffrye Museum.

The Historic Buildings and Monuments Commission for England [F468 (Known as English Heritage)] .

Textual Amendments

F468 Sch. 1A Pt. II: words inserted (31.12.2004) by The Race Relations Act 1976 (General Statutory Duty) Order 2004 (S.I. 2004/3127), art. 2(a)(i)

F469 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F469 Sch. 1A Pt. II: entries repealed (S.) (31.5.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 17, Sch. 4 para. 4(a)(b); S.S.I. 2003/219, art. 2(1)(c) (and expressed to be omitted (31.12.2003) by virtue of S.I. 2003/3007, art. 2(b)(iv))

F470 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F470 Sch. 1A Pt. II: entry repealed (W.) (1.4.2006) by The Historic Buildings Council for Wales (Abolition) Order 2006 (S.I. 2006/63), art. 3(1)(c)(i)

The Historic Royal Palaces Trust.

The Horniman Museum.

The Imperial War Museum.

F471 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F471 Sch. 1A Pt. II: entry repealed (W.) (1.4.2004) by The Library Advisory Council for Wales Abolition and Consequential Amendments Order 2004 (S.I. 2004/803), art. 3(2)

F472 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F472 Sch. 1A Pt. II: entry repealed (1.12.2006) by National Lottery Act 2006 (c. 23), s. 21, Sch. 3; S.I. 2006/3201, art. 2(e)

[F473 The Museum, Archives and Libraries Council]

Textual Amendments

F473 Sch. 1A Pt. II: entry inserted (31.12.2004) by The Race Relations Act 1976 (General Statutory Duty) Order 2004 (S.I. 2004/3127), art. 2(a)(i)

The Museum of London.

The Museum of Science and Industry in Manchester.

The National Endowment for Science, Technology and the Arts.

The National Galleries of Scotland.

The National Gallery.

The National Heritage Memorial Fund.

The National Library of Scotland.

The National Library of Wales.

F474 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F474 Sch. 1A Pt. II: entry repealed (1.12.2006) by National Lottery Act 2006 (c. 23), s. 21, Sch. 3; S.I. 2006/3201, art. 2(e)

The National Maritime Museum.

National Museums and Galleries on Merseyside.

National Museums and Galleries of Wales.

National Museums of Scotland.

The National Portrait Gallery.

The Natural History Museum.

The Registrar of Public Lending Right.

F475 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F475 Sch. 1A Pt. II: entry omitted (31.12.2004) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2004 (S.I. 2004/3127), art. 2(a)(i)

The Royal Armouries.

The Royal Botanic Garden, Edinburgh.

The Royal Botanic Gardens, Kew.

The Royal Commission on Ancient and Historical Monuments of Scotland.

The Royal Commission on Ancient and Historical Monuments of Wales.

The Royal Commission on Historical Manuscripts.

F476 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F476 Sch. 1A Pt. II: entry omitted (3.10.2006) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2006 (S.I. 2006/2470), art. 2(b)

F477 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F477 Sch. 1A Pt. II: entry omitted (31.12.2004) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2004 (S.I. 2004/3127), art. 2(a)(i)

The Scottish Arts Council.

Scottish Natural Heritage.

Scottish Screen.

Scottish Sports Council.

F478 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F478 Sch. 1A Pt. II: entry repealed (29.3.2007 for E.W. and 1.4.2007 for S.) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5, Sch. 2 para. 3(a) and The Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103), art. 2, Sch. para. 3(a); S.S.I. 2007/47, art. 2

Sir John Soane’s Museum.

Sport England.

The Sports Council for Wales.

The Tate Gallery.

The Theatres Trust.

The Treasure Valuation Committee.

The UK Sports Council.

The Victoria and Albert Museum.

[F479 VisitScotland.]

Textual Amendments

F479 Sch. 1A Pt. II: entry inserted (29.3.2007 for E.W. and 1.4.2007 for S.) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5, Sch. 2 para. 3(b) and The Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103), art. 3, Sch. para. 3(b); S.S.I. 2007/47, art. 2

F480 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F480 Sch. 1A Pt. II: entry omitted (W.) (23.11.2005) by virtue of The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 6(2), Sch. 2 Pt. 1 para. 2 (with art. 3(1))

The Wallace Collection.

Libraries, museums and arts E+W+S

The Advisory Committee on Sites of Special Scientific Interest.

The Advisory Council on Public Records.

F465 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F466 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Arts Council of England.

The Arts Council of Wales.

The British Library.

The British Museum.

The British Tourist Authority.

The Commission for Architecture and the Built Environment.

The Countryside Council for Wales.

The Design Council.

F467 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The English Tourist Board.

The Film Council.

The Geffrye Museum.

The Historic Buildings and Monuments Commission for England [F468 (Known as English Heritage)] .

F469 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F470 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Historic Royal Palaces Trust.

The Horniman Museum.

The Imperial War Museum.

F471 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F472 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F473 The Museum, Archives and Libraries Council]

The Museum of London.

The Museum of Science and Industry in Manchester.

The National Endowment for Science, Technology and the Arts.

The National Galleries of Scotland.

The National Gallery.

The National Heritage Memorial Fund.

The National Library of Scotland.

The National Library of Wales.

F474 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Maritime Museum.

National Museums and Galleries on Merseyside.

National Museums and Galleries of Wales.

National Museums of Scotland.

The National Portrait Gallery.

The Natural History Museum.

The Registrar of Public Lending Right.

F475 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Royal Armouries.

The Royal Botanic Garden, Edinburgh.

The Royal Botanic Gardens, Kew.

The Royal Commission on Ancient and Historical Monuments of Scotland.

The Royal Commission on Ancient and Historical Monuments of Wales.

The Royal Commission on Historical Manuscripts.

F476 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F477 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scottish Arts Council.

Scottish Natural Heritage.

Scottish Screen.

Scottish Sports Council.

F478 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sir John Soane’s Museum.

Sport England.

The Sports Council for Wales.

The Tate Gallery.

The Theatres Trust.

The Treasure Valuation Committee.

The UK Sports Council.

The Victoria and Albert Museum.

F480 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Wallace Collection.

Public corporations and nationalised industries E+W+S

The Bank of England, in respect of its public functions.

The British Broadcasting Corporation, in respect of its public functions.

F481 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F481 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(v)

The Channel Four Television Corporation, in respect of its public functions.

The Civil Aviation Authority.

The Coal Authority.

The Covent Garden Market Authority.

[F482 The Consumer Council for Water.]

Textual Amendments

F482 Sch. 1A Pt. II: entry substituted (1.10.2005) by Water Act 2003 (c. 37), s. 101(1), Sch. 7 Pt. 2 para. 22; S.I. 2005/2714, art. 2(l)(i)

F483 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F483 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(v)

F484 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F484 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(v)

Sianel Pedwar Cymru (Welsh Fourth Channel Authority), in respect of its public functions.

The United Kingdom Atomic Energy Authority, in respect of its public functions.

Regulatory, audit and inspection E+W+S

The Accounts Commission for Scotland.

The Advisory, Conciliation and Arbitration Service (ACAS).

The Association of Authorised Public Accountants.

The Association of Certified Chartered Accountants.

The Association of Child Psychotherapy.

The Audit Commission for Local Authorities and the National Health Service in England F485 . . . .

Textual Amendments

F485 Sch. 1A Pt. 2: words in entry repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 146, 241, 245, Sch. 9 para. 1(1)(2)(c), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)

Audit Scotland.

The British Hallmarking Council.

The British Standards Institute.

The Chartered Institute of Patent [F486 Attorneys] , in respect of its public functions.

Textual Amendments

F486 Sch. 1A Pt. 2: word in entry substituted (1.10.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 39 (with savings in ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

The Council for Licensed Conveyancers, in respect of its public functions.

The Engineering Council [F487 (UK)] .

Textual Amendments

F487 Sch. 1A Pt. II: word inserted (31.12.2004) by The Race Relations Act 1976 (General Statutory Duty) Order 2004 (S.I. 2004/3127), art. 2(a)(ii)

The Financial Services Authority.

The General Chiropratic Council.

The General Council of the Bar of England and Wales, in respect of its public functions.

The General Dental Council.

The General Medical Council.

The General Optical Council.

The General Osteopathic Council.

Valid from 27/09/2010

[F488 The General Pharmaceutical Council.]

Textual Amendments

F488 Sch. 1A Pt. 2: entry for "The General Pharmaceutical Council" inserted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), Sch. 4 para. 3(a); S.I. 2010/1621, {art. 2(1), Sch.}

The General Social Care Council.

[F489 The Health Professions Council.]

Textual Amendments

F489 Sch. 1A Pt. II: entry inserted (9.7.2003) by The Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590), art. 3, Sch. para. 4(b)

The Insolvency Practitioners Association.

The Institute of Chartered Accountants in England and Wales.

The Institute of Chartered Accountants of Scotland.

The Institute of Legal Executives, in respect of its public functions.

The Institute of Trade Mark Attorneys.

The Law Society of England and Wales, in respect of its public functions.

The Law Society of Scotland, in respect of its public functions.

[F490 Her Majesty’s Inspectorate of Court Administration]

Textual Amendments

F490 Sch. 1A Pt. II: entry inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 187(3)(a); S.I. 2005/910, art. 3(y)

F491 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F491 Sch. 1A Pt. II: entry repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1)(3), Sch. 8 para. 187(3)(b), Sch. 10; S.I. 2005/910, art. 3(y)(aa)

The Master of the Court of the Faculties of the Archbishop of Canterbury, in respect of its public functions.

The National Audit Office.

Valid from 04/04/2011

The Office for Budget Responsibility.

The Royal Pharmaceutical Society of Great Britain, in respect of its statutory functions and the regulation of the pharmacy profession.

F492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F492 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(vi)

Research E+W+S

The Alcohol Education and Research Council.

F493 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F493 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(vii)

The Biotechnology and Biological Sciences Research Council.

The Council for the Central Laboratory of the Research Councils.

The Economic and Social Research Council.

The Engineering and Physical Sciences Research Council.

The Fire Service Research and Training Trust.

The Horticultural Development Council.

The Medical Research Council.

The Natural Environment Research Council.

The Particle Physics and Astronomy Research Council.

Other Bodies, etc. E+W+S

The Administrative Justice and Tribunals Council.

The Advisory Committee on Hazardous Substances.

The Advisory Committee on Pesticides.

The Advisory Committee on Releases to the Environment.

The Advisory Council on the Misuse of Drugs.

An Agricultural Dwelling House Advisory Committee established under the Rent (Agriculture) Act 1976.

The Agricultural Wages Board for England and Wales.

An Agricultural Wages Committee.

The Agriculture and Horticulture Development Board.

The Animal Procedures Committee.

F494 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F494 Sch. 1A Pt. 2: entry repealed (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 5 Pt. 2; S.I. 2007/3001, art. 2(1)(t)

The Britain-Russia Centre.

The British Association for Central and Eastern Europe.

The British Council.

F495 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F495 Sch. 1A Pt. II: entry relating to the British Potato Council repealed (1.4.2008) by The Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576), arts. 1(3), 18, Sch. 5 para. 7 (with Sch. 4 para. 10)

The British Waterways Board.

The British Wool Marketing Board.

The Building Regulations Advisory Committee.

Prospective

The Building Regulations Advisory Committee for Wales.

The Building Standards Advisory Committee.

The Central Advisory Committee on War Pensions.

The Children and Family Court Advisory and Support Service.

The Civil Justice Council.

The Civil Procedure Rule Committee.

A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

Commission for Equality and Human Rights

F496 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F496 Sch. 1A Pt. II: entry repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 35(a)(i), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Commission for Rural Communities.

F497 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F497 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(viii)

The Committee on Climate Change.

The Commonwealth Scholarship Commission in the United Kingdom.

The Community Development Foundation.

F498 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F498 Sch. 1A Pt. 2: entry relating to the Consumer Council for Postal Services repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 64, 66, Sch. 8; S.I. 2008/2550, art. 2, Sch. (subject to savings and transitional provisions in art. 3)

F499 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F499 Sch. 1A Pt. 2: entry repealed (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 146, 148, Sch. 23 Pt. 1; S.I. 2007/2709, art. 3

The Criminal Injuries Compensation Authority.

The Crofters’ Commission.

The Crown Court Rule Committee.

The Deer Commission for Scotland.

The Disability Living Allowance Advisory Board.

F500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F500 Sch. 1A Pt. II: entry repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 35(a)(ii), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2, (subject to art. 3)

The Disabled Persons Transport Advisory Committee.

An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.

The Electoral Commission.

F501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F501 Sch. 1A Pt. 2: entry relating to English Partnerships repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 321(1), 325, Sch. 8 para. 21(3), Sch. 16; S.I. 2009/803, art. 10

The Environment Agency.

The Environment Agency Advisory Committee for Wales.

F502 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F502 Sch. 1A Pt. II: entry repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 35(a)(iii), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

The Family Proceedings Rule Committee.

The Firearms Consultative Committee.

The Fisheries (Electricity) Committee.

Food From Britain.

The [F503 Gambling Commission].

Textual Amendments

F503 Sch. 1A Pt. II: words in entry substituted (1.10.2005) by Gambling Act 2005 (c. 19), s. 356, Sch. 16 para. 9; S.I. 2005/2455, art. 2(1), Sch.

F504 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F504 Sch. 1A Pt. 2: entry repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 64, 66, Sch. 8; S.I. 2008/2550, art. 2, Sch. (subject to savings and transitional provisions in art. 3)

The Government Hospitality Advisory Committee for the Purchase of Wine.

The Great Britain-China Centre.

F505 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F505 Sch. 1A Pt. II: entry relating to the Health and Safety Commission omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 22, Sch. 3 (with transitional provisions in art. 21, Sch. 2)

The Health and Safety Executive.

F506 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F506 Sch. 1A Pt. II: entry repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 105(2), Sch. 11 para. 61(4), Sch. 12; S.I. 2006/2541, art. 2

F507 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F507 Sch. 1A Pt. II: entry repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 105(2), Sch. 11 para. 61(4), Sch. 12; S.I. 2006/2541, art. 2

F508 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F508 Sch. 1A Pt. II: entry relating to the Home-Grown Cereals Authority repealed (1.4.2008) by The Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576), arts. 1(3), 18, Sch. 5 para. 7 (with Sch. 4 para. 10)

The Honours Scrutiny Committee.

F509 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F509 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(viii) (and expressed to be omitted (prosp.) by virtue of 2004 c. 25, s. 17(2), Sch. 4 para. 8

F510 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F510 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(viii) (and expressed to be repealed (prosp.) by 2004 c. 25, ss. 13, 38, Sch. 2 para. 20, Sch. 6

An Independent Monitoring Board appointed under section 6(2) of the Prison Act 1952.

The Industrial Injuries Advisory Council.

The Information Commissioner.

[F511 Inland Waterways Advisory Council]

Textual Amendments

F511 Sch. 1A Pt. II: entry substituted (1.4.2007) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 107, Sch. 11 para. 175; S.I. 2007/816, art. 2

The Insolvency Rules Committee.

Investors in People UK.

The Joint Nature Conservation Committee.

The Land Registration Rule Committee.

The Law Commission.

The Legal Services Commission.

F512 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F512 Sch. 1A Pt. 2: entry repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with savings in ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(iii) (with art. 9)

The Local Government Boundary Commission for Scotland.

The Local Government Boundary Commission for Wales.

F513 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F513 Sch. 1A Pt. II: entry omitted (31.12.2003) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2003 (S.I. 2003/3007), art. 2(b)(viii)

The Low Pay Commission.

The Magistrates’ Courts Rule Committee.

The Marine Management Organisation.

The Marshall Aid Commemoration Commission.

F514 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F514 Sch. 1A Pt. II: entry relating to the Meat and Livestock Commission repealed (1.4.2008) by The Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576), arts. 1(3), 18, Sch. 5 para. 7 (with Sch. 4 para. 10)

F515 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F515 Sch. 1A Pt. II: entry relating to the Milk Development Council repealed (1.4.2008) by The Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576), arts. 1(3), 18, Sch. 5 para. 7 (with Sch. 4 para. 10)

F516 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F516 Sch. 1A Pt. 2: entry repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 64, 66, Sch. 8; S.I. 2008/2550, art. 2, Sch. (subject to savings and transitional provisions in art. 3)

The National Forest Company.

F517 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F517 Sch. 1A Pt. II: entry repealed (1.4.2005) by Health Protection Agency Act 2004 (c. 17), s. 11(1), Sch. 4; S.I. 2005/121, art. 2(2)

Natural England.

F518 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F518 Sch. 1A Pt. II: entry repealed (1.12.2006) by National Lottery Act 2006 (c. 23), s. 21, Sch. 3; S.I. 2006/3201, art. 2(e)

The Northern Lighthouse Board.

The Oil and Pipelines Agency.

The Olympic Delivery Authority.

The Overseas Service Pensions Scheme Advisory Board.

A probation trust.

A provider of probation services (other than the Secretary of State or a probation trust), in respect of its statutory functions and the carrying out by it of activities of a public nature in pursuance of arrangements made with it under section 3(2) of the Offender Management Act 2007.

A Regional Flood Defence Committee established under section 14 of the Environment Act 1995.

The Scottish Agricultural Wages Board.

The Scottish Committee of the Administrative Justice and Tribunals Council.

F519 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F519 Sch. 1A Pt. II: entry repealed (S.) (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 17, Sch. 4 para. 4(e); S.S.I. 2003/384, art. 2(d) (and expressed to be omitted (31.12.2003) by virtue of S.I. 2003/3007, art. 2(b)(viii))

The Scottish Environment Protection Agency.

The Scottish Industrial Development Advisory Board.

The Scottish Law Commission.

The Scottish Legal Aid Board.

The Scottish Parliamentary Corporate Body.

The Scottish Records Advisory Council.

The Sea Fish Industry Authority.

F520 . . .

Textual Amendments

F520 Sch. 1A Pt. 2: entry repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 22(b)(ii)

The Serious Organised Crime Agency.

The Social Security Advisory Committee.

F521 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F521 Sch. 1A Pt. II: entry repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 59, Sch. 13 Pt. 1 (with s. 14(4)(5) and Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch. (subject to arts. 3-7)

The Trinity House Lighthouse Service.

The trustee corporation established by section 75 of the Pensions Act 2008.

A Visiting Committee appointed under section 152 of the Immigration and Asylum Act 1999 for an immigration detention centre.

The Wales New Deal Advisory Task Force.

A War Pensions Committee.

The Water Industry Commission for Scotland.

F522 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F522 Sch. 1A Pt. II: entry repealed (S.) (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), s. 32, Sch. 5 para. 3; S.S.I. 2005/351, art. 2, Sch. 2

The Welsh Committee of the Administrative Justice and Tribunals Council.

F523 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F523 Sch. 1A Pt. II: entry omitted (W.) (23.11.2005) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), art. 7(1), Sch. 2 Pt. 1 para. 7 (with art. 3(1))

The Welsh Industrial Development Advisory Board.

The Welsh Language Board.

The Welsh Scientific Advisory Committee.

The Westminster Foundation for Democracy.

The Wilton Park Academic Council.

The Wine Standards Board of the Vintners’ Company.

The Youth Justice Board for England and Wales.

PART III E+W+S BODIES AND OTHER PERSONS ADDED ON 31ST DECEMBER 2003

Local Government E+W+S

A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000.

Health E+W+S

F524 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F524 Sch. 1A Pt. 3: entry repealed (30.6.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 18; S.I. 2008/461, art. 2(4)

[F525 The Council for Healthcare Regulatory Excellence]

Textual Amendments

F525 Sch. 1A Pt. 3: entry relating to the Council for Healthcare Regulatory Excellence substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 127, 170(3), Sch. 10 para. 6(b); S.I. 2008/3244, art. 2(i)(vi)

The Health Professions Council.

The Nursing and Midwifery Council.

The Royal College of Physicians and Surgeons of Glasgow, in respect of its public functions.

The Royal College of Physicians of Edinburgh, in respect of its public functions.

The Royal College of Surgeons of Edinburgh, in respect of its public functions.

Education E+W+S

[F526 The National College for School Leadership]

Textual Amendments

F526 Sch. 1A Pt. III: entry substituted (31.12.2004) by The Race Relations Act 1976 (General Statutory Duty) Order 2004 (S.I. 2004/3127), art. 2(b)

Police E+W+S

F527 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F527 Sch. 1A Pt. III: entry repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6, 7)

F528 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F528 Sch. 1A Pt. III: entry repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), Sch. 4 para. 35(c), Sch. 17; S.I. 2006/378, art. 4(1), Sch. para. 13(n)

The Independent Police Complaints Commission.

A Port Police Force established under an order made under section 14 of the Harbours Act 1964.

The Port Police Force established under Part X of the Port of London Act 1968.

A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.

Regulatory, audit and inspection E+W+S

The Association of International Accountants, in respect of its public functions.

The Financial Reporting Review Panel.

The National Lottery Commission.

The Scottish Information Commissioner.

The Scottish Commission for the Regulation of Care.

The Scottish Social Services Council.

The Security Industry Authority.

The Standards Board for England.

Other Bodies etc. E+W+S

F529 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F529 Sch. 1A Pt. III: entry repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 53, 105(2), Sch. 11 para. 61(5), Sch. 12; S.I. 2006/2541, art. 2

The Historic Environment Advisory Council for Scotland.

The League for the Exchange of Commonwealth Teachers.

F530 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F530 Sch. 1A Pt. III: entry omitted (3.10.2006) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2006 (S.I. 2006/2470), art. 2(c)

The Royal College of Veterinary Surgeons, in respect of its public functions.

The Royal Commission on Environmental Pollution.

Scottish Water.

The Sector Skills Development Agency.

SITPRO Ltd, in respect of its public functions.

A Water Customer Consultation Panel established by an order pursuant to section 2(1) of the Water Industry (Scotland) Act 2002.

PART IV E+W+S Bodies and other Persons added on 31st December 2004

Health E+W+S

F531 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F531 Sch. 1A Pt. IV: entry relating to the Commission for Healthcare Audit and Inspection repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(3), Sch. 5 para. 59(3), Sch. 15 Pt. I (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 35(w)

Independent Regulator of NHS Foundation Trusts

Regulatory, Audit and Inspection E+W+S

F532 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F532 Sch. 1A Pt. IV: entry relating to the Commission for Social Care Inspection repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(3), Sch. 5 para. 59(3), Sch. 15 Pt. I (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 35(w)

The Office of Communications (Ofcom)

The Social Fund Commissioner of the Independent Review Service

Other Bodies etc E+W+S

F533 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F533 Sch. 1A Pt. IV omitted (3.10.2006) by virtue of The Race Relations Act 1976 (General Statutory Duty) Order 2006 (S.I. 2006/2470), art. 2(d)

National Museum for Science and Industry

Remploy Limited

Royal Parks in England

UK Sport

Women’s National Commission

PART V E+W+S BODIES AND OTHER PERSONS ADDED ON 3RD OCTOBER 2006

Libraries, museums and arts E+W+S

Architecture and Design Scotland.

The Arts and Humanities Research Council.

The Scottish Library and Information Council.

The Scottish Museums Council.

Regulatory, audit and inspection E+W+S

The Football Licensing Authority.

The Gas and Electricity Markets Authority.

The Pensions Regulator.

Other bodies etc. E+W+S

Bòrd na Gàidhlig.

The Board of the Pension Protection Fund.

The British Transport Police Authority.

A chief officer of a community justice authority appointed under section 4 of the Management of Offenders etc. (Scotland) Act 2005 M69 .

Marginal Citations

M69 2005 asp 14.

A Chief Officer of a relevant authority appointed under section 7 of the Fire (Scotland) Act 2005 M70 .

Marginal Citations

M70 2005 asp 5.

The Commissioner for Children and Young People in Scotland.

A community justice authority established under section 3 of the Management of Offenders etc. (Scotland) Act 2005.

A joint fire and rescue board constituted by a scheme under section 2(1) of the Fire (Scotland) Act 2005.

The Mobility and Access Committee for Scotland.

The Office for Fair Access.

The panel constituted under Schedule 4 to the Rent (Scotland) Act 1984 M71 .

Marginal Citations

M71 1984 c.58.

The Risk Management Authority.

Scottish UfI Ltd.

Scottish UfI Trust Ltd.

Transport Partnerships created under the Transport (Scotland) Act 2005 M72 .

Marginal Citations

M72 2005 asp 12.

Section 79.

SCHEDULE 2 E+W+S Transitional Provisions

Interpretation E+W+S

1 In this Schedule—

• “the M73 1968 Act” means the Race Relations Act 1968;

• “the repeal date” means the date on which the repeal of the 1968 Act by this Act takes effect;

• “the Board” means the Race Relations Board.

Marginal Citations

M73 1968, c. 71.

Enforcement E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

2 F534 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F534 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

3 F535 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F535 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

4 F536 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F536 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

5 F537 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F537 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

6 F538 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F538 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

7 F539 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F539 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

8 F540 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F540 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

Regulations under s. 27(9) of 1968 Act E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

9 F541 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F541 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

Property, rights and liabilities of Race Relations Board and Community Relations Commission E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

10 F542 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F542 Sch. 2 paras. 2-10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 5 Group. 3}

Staff E+W+S

11 (1) In this F543 . . . paragraph “present employee” means a person who immediately before the repeal date is employed by the Board or the Community Relations Commission.

F544 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F544 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of—

[F545 (a) the Employment Rights Act 1996 except Part XI;

(b) the Trade Union and Labour Relations (Consolidation) Act 1992; and]

(d) any scheme under section 1 of the M74 Superannuation Act 1972,

there shall be deemed to have been no break at the repeal date in the employment of a present employee who as from that date is employed by the Commission.

F544 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F543 Words in Sch. 2 para. 11(1) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F544 Sch. 2 para. 11(2)(3)(5) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F545 Sch. 2 para. 11(4)(a)(b) substituted for Sch. 2 para. 11(4)(a)(c) (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 10(4) (with ss. 191-195, 202)

Marginal Citations

M74 1972 c. 11.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

F546 12

Textual Amendments

F546 Sch. 2 para. 12 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

F547 13

Textual Amendments

F547 Sch. 2 para. 13 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) and subject to an amendment (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F548 SCHEDULE 3 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F548 Sch. 3 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

Section 79.

SCHEDULE 4 E+W+S AMENDMENTS OF SEX DISCRIMINATION ACT 1975

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

1 F550 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F550 Sch. 4 para. 1 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

2 F551 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F551 Sch. 4 para. 2 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

X71 3 For section 62 (no further sanctions for breach of Act) substitute—

“62 Restriction of proceedings for breach of Act.

“62 (1) Except as provided by this Act no proceedings, whether civil or criminal, shall lie against any person in respect of an act by reason that the act is unlawful by virtue of a provision of this Act.

(2) Subsection (1) does not preclude the making of an order of certiorari, mandamus or prohibition.

(3) In Scotland, subsection (1) does not preclude the exercise of the jurisdiction of the Court of Session to entertain an application for reduction or suspension of any order or determination, or otherwise to consider the validity of any order or determination, or to require reasons for any order or determination to be stated.”

Editorial Information

X71 The text of s. 79(3)(4), Sch. 1 para. 18(1)(2), Sch. 3 para. 1(1)(5), Sch. 4 paras. 1–9, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

F552 4

Textual Amendments

F552 Sch. 4 para. 4 repealed (22.11.1993) by S.I. 1993/2798, reg. 1(3), Sch. para. 1.

5 X72 (1) In section 66(2) (claims under Part III) after “this subsection" insert “and section 62(1)".

X72 (2) After section 66(5) insert—

“(5A) In Scotland, when any proceedings are brought under this section, in addition to the service on the defender of a copy of the summons or initial writ initiating the action a copy thereof shall be sent as soon as practicable to the Commission in a manner to be prescribed by Act of Sederunt.”

Editorial Information

X72 The text of s. 79(3)(4), Sch. 1 para. 18(1)(2), Sch. 3 para. 1(1)(5), Sch. 4 paras. 1–9, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

6 F553 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F553 Sch. 4 para. 6 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

7 F554 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F554 Sch. 4 para. 7 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

8 F555 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F555 Sch. 4 para. 8 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

9 F556 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F556 Sch. 4 para. 9 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 91, 93, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Section 79.

X73 SCHEDULE 5 E+W+S REPEALS

Editorial Information

X73 The text of s. 79(3)(4), Sch. 1 para. 18(1)(2), Sch. 3 para. 1(1)(5), Sch. 4 paras. 1–9, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.