Serious Organised Crime and Police Act 2005

Application of discrimination legislationE+W

56Application of discrimination legislation to SOCA seconded staffE+W

(1)For the purposes of the provisions to which this subsection applies any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as being employed by SOCA as respects any act done by it in relation to that person.

(2)Subsection (1) applies to—

(a)Part 2 of the Sex Discrimination Act 1975 (c. 65);

(b)Part 2 of the Race Relations Act 1976 (c. 74);

(c)Part II of the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15));

(d)Part 2 of the Disability Discrimination Act 1995 (c. 50);

(e)Part II of the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)); and

(f)the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)), except Part VII.

(3)For the purposes of the provisions to which this subsection applies—

(a)any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as being employed by SOCA (and as not being employed by any other person); and

(b)anything done by such a person in the performance, or purported performance, of his functions as such a person shall be treated as done in the course of that employment.

(4)Subsection (3) applies to—

(a)section 41 of the Sex Discrimination Act 1975;

(b)section 32 of the Race Relations Act 1976;

(c)Article 42 of the Sex Discrimination (Northern Ireland) Order 1976;

(d)section 58 of the Disability Discrimination Act 1995;

(e)Article 32 of the Race Relations (Northern Ireland) Order 1997; and

(f)Article 36 of the Fair Employment and Treatment (Northern Ireland) Order 1998[F1; and

(g)section 74 of the Equality Act 2006.]

Textual Amendments

F1S. 56(4)(g) and preceding word inserted (30.4.2007) by Equality Act 2006 (c. 3), ss. 75(5), 93(1) (with ss. 56-63, 92); S.I. 2007/1092, art. 2(d)

Commencement Information

I1S. 56 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 9 (with art. 4(2)-(7))