Part III E+W+S Discrimination in other fields

Modifications etc. (not altering text)

C1 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

[F1 Public authorities] E+W+S

Textual Amendments

F1 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)

F2 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 [F3 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.

[F4 (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 [F5 (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 [F6 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

F2 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)

F3 Words in s. 19D(1) substituted (7.11.2002) by 2002 c. 41, s. 6(2), (with s. 159)

F4 S. 19D(4)(5) substituted (7.11.2002) by 2002 c. 41, s. 6(3), (with s. 159)

F5 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.

F6 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)

C2 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)