SCHEDULE 22Statutory provisions
Protection of women
2
(1)
A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with—
(a)
a pre-1975 Act enactment concerning the protection of women;
(b)
a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W);
(c)
a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work).
(2)
The references to the protection of women are references to protecting women in relation to—
(a)
pregnancy or maternity, or
(b)
any other circumstances giving rise to risks specifically affecting women.
(3)
It does not matter whether the protection is restricted to women.
(4)
These are the specified provisions—
(a)
Part 5 (work);
(b)
Part 6 (education), so far as relating to vocational training.
(5)
A pre-1975 Act enactment is an enactment contained in—
(a)
an Act passed before the Sex Discrimination Act 1975;
(b)
an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act).
(6)
If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment.
(7)
For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it.
(8)
This paragraph applies only to the following protected characteristics—
(a)
pregnancy and maternity;
(b)
sex.