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(1)Nothing in Parts II to IV shall render unlawful any act done in relation to particular work by [F1any 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 [F1it 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 [F2it 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 [F2that 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.
[F3(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
F1Words substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(3)(a)
F2Words substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(3)(b)
F3S. 37(3) substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(3)(c)
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