Race Relations Act 1976 (Repealed)

75 Application to Crown etc. E+W+S

(1) This Act applies—

(a) to an act done by or for purposes of a Minister of the Crown or government department; or

(b) to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,

as it applies to an act done by a private person.

(2) Parts II and IV apply to—

(a) service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office; or

(b) service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body; or

(c) service in the armed forces,

as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service.

[F1 (2A) Subsections (1) and (2) do not apply in relation to the provisions mentioned in subsection (2B).

(2B) Sections 19B to 19F, sections 71 to 71E (including Schedule 1A) and section 76 bind the Crown; and the other provisions of this Act so far as they relate to those provisions shall be construed accordingly (including, in particular, references to employment in Part IV).]

(3) Subsections (1) [F2 to (2B)] have effect subject to [F3 sections 76A and 76B].

(4) Subsection (2) of section 8 and subsection (4) of section 27 shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of the United Kingdom as it has effect in relation to a ship, aircraft or hovercraft such as is mentioned in paragraph (a) or (b) of the subsection in question; and section 8(3) shall apply accordingly.

(5) Nothing in this Act shall—

(a) invalidate any rules (whether made before or after the passing of this Act) restricting employment in the service of the Crown or by any public body prescribed for the purposes of this subsection by regulations made by the Minister for the Civil Service to persons of particular birth, nationality, descent or residence; or

(b) render unlawful the publication, display or implementation of any such rules, or the publication of advertisements stating the gist of any such rules.

In this subsection “employment” includes service of any kind, and “public body” means a body of persons, whether corporate or unincorporate, carrying on a service or undertaking of a public nature.

(6) The provisions of Parts II to IV of the M1 Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, F4 . . . .

(7) The provisions of Part V of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of the said Part are treated as civil proceedings by or against the Crown, except that in their application to proceedings under this Act the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) shall not apply.

(8) This subsection applies to any complaint by a person (“the complainant") that another person—

(a) has committed an act of discrimination against the complainant which is unlawful by virtue of section 4; or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the complainant,

if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination in question relates to his service in those forces.

[F5 (9) No complaint to which subsection (8) applies shall be presented to an [F6 employment tribunal] under section 54 unless—

(a) the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint .

(9A) Regulations may make provision enabling a complaint to which subsection (8) applies to be presented to an [F6 employment tribunal] under section 54 in such circumstances as may be specified by the regulations, notwithstanding that subsection (9) would otherwise preclude the presentation of the complaint to an [F6 employment tribunal].

(9B) Where a complaint is presented to an [F6 employment tribunal] under section 54 by virtue of regulations under subsection (9A), the service redress procedures may continue after the complaint is so presented.]

(10) In this section—

(a) “the armed forces” means any of the naval, military or air forces of the Crown . . . F7 ;

[F8 (aa) “regulations” means regulations made by the Secretary of State;

(ab) “the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the M2 Army Act 1955, section 180 of the M3 Air Force Act 1955 and section 130 of the M4 Naval Discipline Act 1957;]

(b) “statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up; and

(c) service “for purposes of" a Minister of the Crown or government department does not include service in any office in Schedule 2 (Ministerial offices) to the M5 House of Commons Disqualification Act 1975 as for the time being in force.

Textual Amendments

F1 S. 75(2A)(2B) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 17 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F2 Words in s. 75(3) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 18(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F3 Words in s. 75(3) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 18(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F4 Words in s. 75(6) repealed (E.W.) (1.10.2005) by The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 (S.I. 2005/2712), art. 3, Sch. 2 para. 2

F5 S. 75(9)(9A)(9B) substituted for s. 75(9) (1.10.1997) by 1996 c. 46, s. 23(2); S.I. 1997/2164, arts. 2, 3

F6 Words in s. 75(9)(9A)(9B) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F7 Words repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I note

F8 S. 75(10)(aa)(ab) inserted (1.10.1997) by 1996 c. 46, s. 23(3); S.I. 1997/2164, arts. 2, 3

Modifications etc. (not altering text)

C1 S. 75(10) amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 3 para. 1

Marginal Citations

M1 1947 c. 44.

M2 1955 c. 18.

M3 1955 c. 19.

M4 1957 c. 53.

M5 1975 c. 24