Race Relations Act 1976 (Repealed)

78 General interpretation provisions. E+W+S

(1) In this Act, unless the context otherwise requires—

• “access” shall be construed in accordance with section 40;

• “act” includes a deliberate omission;

• “advertisement” includes every form of advertisement or notice, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films, or in any other way, and references to the publishing of advertisements shall be construed accordingly;

• [F1 “board of management”, in relation to a self-governing school, has the same meaning as in the Education (Scotland) Act 1980;]

• [F2 [F3 “board of management” in relation to a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, has the same meaning as in that Part;]

• [F4 “body” includes an unincorporated association;

• “the Commission” means the [F5 Commission for Equality and Human Rights];

• “Commissioner” means a member of the Commission;

• [F6 “criminal investigation” has the meaning given by section 57(4B);

• [F7 [F8 “criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);]

• “designated county court” has the meaning given by section 67(1);

• [F9 “detriment” does not include conduct of a nature such as to constitute harassment under section 3A;

• “discrimination” and related terms shall be construed in accordance with section 3(3);

• “dispose”, in relation to premises, includes granting a right to occupy the premises, and any reference to acquiring premises shall be construed accordingly;

• “education” includes any form of training or instruction;

• “education authority”and “educational establishment" have for Scotland the same meaning as they have respectively in [F10 section 135(1) of the Education (Scotland) Act 1980];

• “employment” means employment under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;

• “employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;

• [F11 “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

• “estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises;

• “final” shall be construed in accordance with subsection (4);

• “firm” has the meaning given by section 4 of the M1 Partnership Act 1890;

• F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “further education” has . . . F13 for Scotland the meaning given by [F14 section 135(1) of the Education (Scotland) Act 1980];

• “general notice”, in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

• “genuine occupational qualification” shall be construed in accordance with section 5;

• “Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain;

• “independent school” has for England and Wales the meaning given by section 114(1) of the M2 Education Act 1944, and for Scotland the meaning given by [F15 section 135(1) of the Education (Scotland) Act 1980];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

• “managers” has for Scotland the same meaning as in [F17 s. 135(1) of the Education (Scotland) Act 1980];

• [F18 “the Minister” means the Lord Privy Seal;]

• “Minister of the Crown” includes the Treasury and the Defence Council;

• “nationality” includes citizenship;

• “near relative” shall be construed in accordance with subsection (5);

• F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “notice” means a notice in writing;

• “prescribed” means prescribed by regulations made by the [F19 Minister or the Secretary of State];

• “profession” includes any vocation or occupation;

• “proprietor”, in relation to a school, has for England and Wales the meaning given by section 114(1) of the M3 Education Act 1944, and for Scotland the meaning given by [F17 s. 135(1) of the Education (Scotland) Act 1980].

• “pupil” in Scotland includes a student of any age;

• “racial grounds” and “racial group” have the meaning given by section 3(1);

• “school” has for England and Wales the meaning given by section 114(1) of the M4 Education Act 1944, and for Scotland the meaning given by [F17 s. 135(1) of the Education (Scotland) Act 1980];

• “school education” has for Scotland the meaning given by [F17 s. 135(1) of the Education (Scotland) Act 1980];

• [F20 “self-governing school” has the same meaning as in the Education (Scotland) Act 1980;]

• [F21 “social protection” and “social advantage” have the same meaning as in Article 3 of Council Directive 2000/43/EC;

• “trade” includes any business;

• “training” includes any form of education or instruction;

• “university” includes a university college and the college, school or hall of a university;

• F22 . . .

(2) It is hereby declared that in this Act “premises”, unless the context otherwise requires, includes land of any description.

(3) Any power conferred by this Act to designate establishments or persons may be exercised either by naming them or by identifying them by reference to a class or other description.

(4) For the purposes of this Act F23 . . . a finding by a court or tribunal becomes final when an appeal against the F24 . . . finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; F25 . . . .

(5) For the purposes of this Act a person is a near relative of another if that person is the wife or husband [F26 or civil partner] , a parent or child, a grandparent or grandchild, or a brother or sister of the other (whether of full blood or half-blood or [F27 by marriage or civil partnership)] , and “child” includes an illegitimate child and the wife or husband [F26 or civil partner] of an illegitimate child.

(6) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(7) In this Act, except where otherwise indicated—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered; and

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered; and

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered; and

(d) a reference to any provision of an Act (including this Act) includes a Schedule incorporated in the Act by that provision.]]]]]]]

Textual Amendments

F1 S. 78(1): definition of "board of management" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

F2 Definition in s. 78(1) inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(5); S.I. 1992/817, art. 3(2), Sch. 1.

F3 S. 78(1): definition of "board of management" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

F4 S. 78(1): definition of "body" inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 19 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F5 S. 78(1): words in definition of "the Commission" substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 33(a)(i) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F6 S. 78(1): definition of

“criminal investigation”

inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 19 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F7 S. 78(1): definition of

“criminal proceedings”

inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 19 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F8 S. 78(1): definition of "criminal proceedings" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 371, 383, Sch. 16 para. 81; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F9 S. 78(1): definition of "detriment" inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 52

F10 In s. 78(1) in the definition of “education authority" and “educational establishment" for the respective references to subsections (16) and (17) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 15

F11 S. 78(1): definition of

“enactment”

inserted (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1), Sch. Pt. I para. 9

F12 S. 78(1): definitions of "formal investigation" and " non-discrimination notice" repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 33(a)(ii), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F13 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. II

F14 In s. 78(1) in the definition of “further Education" for the reference to subsection (21) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 15

F15 In s. 78(1) in the definition of “independent school" for the reference to subsection (23) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 15

F16 Definition of “industrial tribunal" repealed by Industrial Training Act 1982 (c. 10, SIF 43:1), Sch. 4

F17 In s. 78(1) in the definitions of “managers", “proprietor", “school" and “school education" for the respective references to subsections (26), (37), (42) and (43A) of section 140 of the Education (Scotland) Act 1962 there are substituted references to s. 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 15

F18 S. 78(1): definition of "the Minister" inserted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 9

F19 S. 78(1): words in definition of "prescribed" substituted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 12

F20 S. 78(1): definition of "self-governing school" repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

F21 S. 78(1): definition of "social protection" and "social advantage" inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 52

F22 S. 78(1): definition of "upper limit of compulsory school age" repealed (1.9.1997) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. II (with ss. 1(4), 561, 562, Sch. 39 paras. 5, 6, 8, 30, 39); S.I. 1997/1623, art. 2(2)

F23 Words in s. 78(4) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 33(b)(i), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F24 Words in s. 78(4) repealed (1.10.2007) by virtue of Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 33(b)(ii), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F25 Words in s. 78(4) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 33(b)(iii), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F26 Words in s. 78(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 55; S.I. 2005/3175, art. 2(1), Sch. 1

F27 Words in s. 78(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 55; S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 78(1) modified by Estate Agents Act 1979 (c. 38, SIF 124:1), s. 3(1), Sch. 1 para. 4(2)

C2 In s. 78(1) in the definition of “education authority" and “educational establishment" for the respective references to subsections (16) and (17) of section 145 of the Education (Scotland) Act 1962 there are substituted references to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 15

C3 In s. 78(1) in the definition of “further Education" for the reference to subsection (21) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 15

C4 In s. 78(1) in the definition of “independent school" for the reference to subsection (23) of section 145 of the Education (Scotland) Act 1962 there is substituted a reference to section 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 136(2), Sch. 4 para. 15

C5 In s. 78(1) in the definitions of “managers", “proprietor", “school" and “school education" for the respective references to subsections (26), (37), (42) and (43A) of section 140 of the Education (Scotland) Act 1962 there are substituted references to s. 135(1) of the Education (Scotland) Act 1980 by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 15

C6 S. 78(1) modified (24.4.2009 for certain purposes and 31.10.2009 otherwise) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 16(2)

C7 S. 78(4) modified by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 3(1), Sch. 1 para. 4(2)

Marginal Citations

M1 1890 c. 39.

M2 1944 c. 31.

M3 1944 c. 31.

M4 1944 c. 31.