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5(1)A person (A) does not contravene section 55(1) or (2) [F1or section 60A(1)] if A shows that A's treatment of another person relates only to work the offer of which could be refused to that other person in reliance on paragraph 1, 2, 3 or 4.E+W+S
(2)A person (A) does not contravene section 55(1) or (2) [F2or section 60A(1)] if A shows that A's treatment of another person relates only to training for work of a description mentioned in sub-paragraph (1).
(3)A person (A) does not contravene section 55(1) or (2) [F3or section 60A(1)] if A shows that—
(a)A acted in reliance on a statement made to A by a person with the power to offer the work in question to the effect that, by virtue of sub-paragraph (1) or (2), A's action would be lawful, and
(b)it was reasonable for A to rely on the statement.
(4)A person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading.
(5)A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F1Words in Sch. 9 para. 5(1) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(6)(d)
F2Words in Sch. 9 para. 5(2) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(6)(d)
F3Words in Sch. 9 para. 5(3) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(6)(d)
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