- Latest available (Revised)
- Point in Time (01/08/2004)
- Original (As enacted)
Version Superseded: 01/12/2004
Point in time view as at 01/08/2004. This version of this part contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Race Relations Act 1976 (Repealed),
Part III.
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Modifications etc. (not altering text)
C1Pt. 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
[F2(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 local education authority. | Local education authority or [F3managers or][F4governing 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 local education authority. | Proprietor. |
F5. . . | F5. . .. |
[F63B. Institution within the further education sector (within the meaning of section 91(3) of the further and Higher Education Act 1992).] | [F6Governing body] |
4. University. | Governing body. |
[F74A. 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).] | [F7Governing body.] |
5. Establishment (not falling within paragraphs 1 [F8to 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 [F9[F1073 (d)]of the Education (Scotland) Act 1980]. | Managers of the educational establishment. |
[F117AA. A grant aided school, within the meaning of section 135 of the Education (Scotland) Act 1980.] | [F11The managers of the school.] |
7A. Self-governing school. | Board of management. |
[F127B. 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.] | [F12Board of management.] |
[F137C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.] | [F13Governing 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. |
[F14(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
F1S. 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)
F2S. 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)
F3Words repealed (E.W.) by Education Act 1980 (c. 20, SIF 41:1), Sch. 1 para. 28
F4Words 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
F5Words 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
F6S. 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.
F7S. 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.
F8Words 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.
F9Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 12
F10Words 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)
F11Para. 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)
F12S. 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.
F13S. 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.
F14S. 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)
C2S. 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
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
F15S. 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.
(1)It is unlawful for a local education authority, in carrying out such of its functions under [F17the Education Acts]as do not fall under section 17, to do any act which constitutes racial discrimination [F18or harassment] .
(2)It is unlawful for an education authority, in carrying out such of its functions under [F19the Education (Scotland) [F20Act 1980]] as do not fall under section 17, to do any act which constitutes racial discrimination [F18or harassment] .
Textual Amendments
F16S. 18: word in heading inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(1)
F17Words 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)
F18Words in s. 18 inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
F19Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 33(2)
F20Words substituted (S.) by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 13
It is unlawful for [F23the Learning and Skills Council for England, the National Council for Education and Training for Wales,] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [F24the Education Acts][F25and the Learning and Skills Act 2000], to do any act which constitutes racial discrimination [F26or harassment] .]
Textual Amendments
F21S. 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.
F22S. 18A: 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)
F23Words 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)
F24Words 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)
F25Words in s. 18A inserted (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(b); 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)
F26Words in s. 18A inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
It is unlawful for the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council in carrying out any of their functions to do any act which constitutes racial discrimination [F29or harassment] .]
Textual Amendments
F27S. 18B inserted (1.6.1992 for specified purposes and 21.11.1998 otherwise) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(3); S.I. 1992/817, art. 3(2), Sch.2; S.I. 1998/2886, art. 2(c)
F28S. 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)
F29Words in s. 18B inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
Valid from 03/10/2005
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
Textual Amendments
F31S. 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
It is unlawful for the Teacher Training Agency in carrying out their functions under Part I of the Education Act 1994 to do any act which constitutes racial discrimination [F34or harassment] .]
Textual Amendments
F32S. 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)
F33S. 18D inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 6(3); S.I. 1994/2204, art. 2(1)
F34Words in s. 18D inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
Textual Amendments
F35S. 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)
Textual Amendments
F36S. 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)
Textual Amendments
(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 [F38county borough,], district or London borough council [F39the Broads Authority [F40a National Park authority or]], a joint planning board F41. . . 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 [F42the 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 [F43the 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
F38Words 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
F39Words 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
F40Words 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)
F41Words 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.
F42Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 36
F43Words 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)
C3S. 19A(3): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch.1
Textual Amendments
F44Ss. 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)
(1)It is unlawful for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination.
[F47(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 [F48or 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
F45S. 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)
F46Ss. 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)
F47S. 19B(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 20(2)(a)
F48Words 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)
C4S. 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)
(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 [F50excepted 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 [F51immigration functions] .
(5)In this section—
“ [F52immigration functions]” has the meaning given in section 19D; and
“Minister of the Crown” includes the National Assembly for Wales and a member of the Scottish Executive.
Textual Amendments
F49Ss. 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)
F50Words in s. 19C(3) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 21
F51Words 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
F52Words 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
(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 [F54immigration 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.
[F55(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 (within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002) 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;
(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
F53Ss. 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)
F54Words in s. 19D(1) substituted (7.11.2002) by 2002 c. 41, s. 6(2), (with s. 159)
F55S. 19D(4)(5) substituted (7.11.2002) by 2002 c. 41, s. 6(3), (with s. 159)
Modifications etc. (not altering text)
C5S. 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)
(1)The Secretary of State shall appoint a person who is not a member of his staff to act as a monitor.
(2)Before appointing any such person, the Secretary of State shall consult the Commission.
(3)The person so appointed shall monitor, in such manner as the Secretary of State may determine—
(a)the likely effect on the operation of the exception in section 19D of any relevant authorisation relating to the carrying out of [F57immigration functions] which has been given by a Minister of the Crown acting personally; and
(b)the operation of that exception in relation to acts which have been done by a person acting in accordance with such an authorisation.
(4)The monitor shall make an annual report on the discharge of his functions to the Secretary of State.
(5)The Secretary of State shall lay a copy of any report made to him under subsection (4) before each House of Parliament.
(6)The Secretary of State shall pay to the monitor such fees and allowances (if any) as he may determine.
F58(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F56Ss. 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)
F57Words in s. 19E(3)(a) substituted (7.11.2002) by 2002 c. 41, ss. 6(4)(a), 162(2) (with s. 159)
F58S. 19E(7) omitted (7.11.2002) by virtue of 2002 c. 41, s. 6(4)(b) 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. 1
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
F59Ss. 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)
(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.
[F61(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
F60S. 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)
F61S. 20(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 22(2)
(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.
[F63(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 [F64discrimination, 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
F62S. 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)
F63S. 21(2A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 23(2)(a)
F64Words 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)
(1)Sections 20(1) and 21 do not apply to [F65discrimination 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
F65Words in s. 22(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 24
(1)Sections [F6720] and 21 do not apply—
(a)to discrimination [F68or 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) [F69, 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
F66S. 23: words in heading substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 25(1)
F67Words 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)
F68Words 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)
F69Words 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)
(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
[F71(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 [F72to 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
F70S. 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)
F71S. 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)
F72Words 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)
(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).
(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.
Textual Amendments
F73Ss. 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
(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 [F75or to subject any person to harassment].
[F76(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
F74S. 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)
F75Words 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)
F76S. 26A(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 27(2)(b)
(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 [F78or to subject any person to harassment] .
[F79(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
F77S. 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)
F78Words 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)
F79S. 26B(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 28(2)(b)
(1)Sections 17 to [F8018D] 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.
[F81(1A)In its application in relation to granting entry clearance (within the meaning of the M1Immigration 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
F80Words 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)
F81S. 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)
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