(1)Nothing in Parts II to IV shall render unlawful any act of discrimination done—
(a)in pursuance of any enactment or Order in Council; or
(b)in pursuance of any instrument made under any enactment by a Minister of the Crown; or
(c)in order to comply with any condition or requirement imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment.
References in this [F1section] to an enactment, Order in Council or instrument include an enactment, Order in Council or instrument passed or made after the passing of this Act.
[F2(1A)Subsection (1) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of a provision referred to in section 1(1B).]
(2)Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other’s nationality or place of ordinary residence or the length of time for which he has been present or resident in or outside the United Kingdom or an area within the United Kingdom, if that act is done—
[F3(a)in pursuance of any enactment or Order in Council; or
(b)in pursuance of any instrument made under any enactment by a Minister of the Crown; or
(c)in order to comply with any requirement imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment; or
(d)in pursuance of any arrangements made (whether before or after the passing of this Act) by or with the approval of, or for the time being approved by, a Minister of the Crown; or
(e)in order to comply with any condition imposed (whether before or after the passing of this Act) by a Minister of the Crown]
Textual Amendments
F1Word in s. 41(1) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 35(a)
F2S. 41(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 35(b)
F3S. 41(2)(a)-(e) substituted (19.7.2003) for s. 41(2)(a)(b) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 35(c)
Modifications etc. (not altering text)
C1S. 41: amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1