Race Relations Act 1976 (Repealed)

28 Discriminatory practices. E+W+S

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

[F1 (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

[F2 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 [F3 sections 20 to 24 of the Equality Act 2006] .

Textual Amendments

F1 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)

F2 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)

F3 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)