8.—(1) In section 5(3)(1) of the 1975 Act, for “section 1(1)” there is substituted “section 1(1) or (2)”.
(2) In section 37 of the 1975 Act, for subsection (1) there is substituted—
“(1) In this section “discriminatory practice” means—
(a)the application of a provision, criterion or practice which results in an act of discrimination which is unlawful by virtue of any provision of Part 2 or 3 taken with section 1(2)(b) or 3(1)(b) or which would be likely to result in such an act of discrimination if the persons to whom it is applied were not all of one sex, or
(b)the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of Part 3 taken with section 1(1)(b) or which would be likely to result in such an act of discrimination if the persons to whom it is applied were not all of one sex.”
(3) In section 65(1B)(2) of the 1975 Act—
(a)for “section 1(1)(b)” there is substituted “section 1(2)(b)”, and
(b)for “requirement or condition” there is substituted “provision, criterion or practice”.
(4) In section 82(1) of the 1975 Act, after the definition of “proprietor” there is inserted—
““provision, criterion or practice” includes “requirement or condition;”.”.
Section 5(3) was inserted by the Sex Discrimination (Gender Reassignment) Regulations 1999 (S.I. 1999/1102), reg2(2).
Section 65(1B) was inserted by the Sex Discrimination and Equal Pay (Miscellaneous Provisions) Regulations 1996 (S.I. 1996/438), regulation 2(2).