Part IIIE+W+S Discrimination in other fields

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

[F1 Public authorities]E+W+S

Textual Amendments

F1Ss. 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)

F319BF2. . . 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.

[F4(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 [F5or 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

F3Ss. 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)

Modifications etc. (not altering text)

C2S. 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)

F619C 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 [F7excepted 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 [F8immigration functions] .

(5)In this section—

Textual Amendments

F6Ss. 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)

F1119D 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 [F12immigration 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.

[F13(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 [F14(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 [F15and 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

F11Ss. 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)

F12Words in s. 19D(1) substituted (7.11.2002) by 2002 c. 41, s. 6(2), (with s. 159)

F13S. 19D(4)(5) substituted (7.11.2002) by 2002 c. 41, s. 6(3), (with s. 159)

Modifications etc. (not altering text)

C3S. 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)

F1619E Monitoring of exception in relation to immigration and nationality cases.E+W+S

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Ss. 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)

F1819F 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

F18Ss. 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)