2.—(1) In these Regulations, “sexual orientation” means a sexual orientation towards—
(a)persons of the same sex;
(b)persons of the opposite sex; or
(c)persons of the same sex and of the opposite sex.
(2) In these Regulations, references to discrimination are to any discrimination falling within regulation 3 (discrimination on grounds of sexual orientation) or 4 (discrimination by way of victimisation) and related expressions shall be construed accordingly, and references to harassment shall be construed in accordance with regulation 5 (harassment on grounds of sexual orientation).
(3) In these Regulations—
“act” includes a deliberate omission;
[F1“benefits”, except in regulation 9A (trustees and managers of occupational pension schemes), includes facilities and services;]
“detriment” does not include harassment within the meaning of regulation 5;
references to “employer”, in their application to a person at any time seeking to employ another, include a person who has no employees at that time;
“employment” means employment under a contract of service or of apprenticeship or a contract personally to do any work, and related expressions shall be construed accordingly;
“Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain;
“Minister of the Crown” includes the Treasury and the Defence Council; and
“school”, in England and Wales, has the meaning given by section 4 of the Education Act 1996 M1, and, in Scotland, has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M2, and references to a school are to an institution in so far as it is engaged in the provision of education under those sections.
Textual Amendments
F1Words in reg. 2(3) substituted (1.12.2003) by The Employment Equality (Sexual Orientation) (Amendment) Regulations 2003 (S.I. 2003/2827), regs. 1, 3(2)
Marginal Citations
M11996 c. 56; section 4 was amended by section 51 of the Education Act 1997 (c. 44) and Schedule 22, Part 3 to the Education Act 2002 (c. 32).