Part I Discrimination To Which Act Applies
1 Racial discrimination.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Discrimination by way of victimisation.
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Meaning of “racial grounds", “racial group" etc.
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3AHarassment
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1Part II Discrimination in the Employment Field
Discrimination by employers
C24F6. . . applicants and employees.
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4AException for genuine occupational requirement
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C35 Exceptions for genuine occupational qualifications.
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Exception for employment intended to provide training in skills to be exercised outside Great Britain.
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C47F10. . . contract workers.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Meaning of employment at establishment in Great Britain.
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Exception for seamen recruited abroad.
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Discrimination by other bodies
10 Partnerships.
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Trade unions etc.
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Qualifying bodies.
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13F18 Persons concerned with provision of vocational training.
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Employment agencies.
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Manpower Services Commission etc.
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police
F2216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5Part III Discrimination in other fields
Pt. III (ss. 17-27) applied (1.9.1999) by 1998 c. 31, ss. 24, Sch. 4 para. 8(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
Education
17F23. . . bodies in charge of educational establishments.
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17AF33 Meaning of pupil in section 17.
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Other discrimination F25etc. by local education authorities.
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18AF28F29Discrimination by further and higher education funding bodies
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18BF31. . . Scottish Further and Higher Education Funding Councils.
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18BAF41Scottish Further and Higher Education Funding Council
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3518C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3618DF37. . . F38Training and Development Agency for Schools.
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4019ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43 Planning
S. 19A inserted by Housing and Planning Act 1986 (c. 63, SIF 106:1), s. 55
19A Discrimination by planning authorities.
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62 Public authorities
Ss. 19B-19F and cross-heading inserted (26.3.2001 for specified purposes otherwise 2.4.2001) by 2000 c. 34, s. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)(2)
F63C619BF64. . . public authorities.
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6619C Exceptions or further exceptions from section 19B for judicial and legislative acts etc.
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68C719D Exception from section 19B for certain acts in immigration and nationality cases.
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7019E Monitoring of exception in relation to immigration and nationality cases.
F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7219F Exceptions from section 19B for decisions not to prosecute etc.
F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Goods, facilities, services and premises
20F45. . . provision of goods, facilities or services.
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21F47. . . disposal or management of premises.
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 Exception from ss. 20(1) and 21: small dwellings.
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 Further exceptions from F50ss 20 and 21.
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24F52. . . consent for assignment or sub-letting.
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 Discrimination: associations not within s. 11.
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 Exception from s. 25 for certain associations.
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56 Barristers
Ss. 26A, 26B inserted by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 64(2), 65(2), Sch. 19 para. 1
26AF57. . . barristers.
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Advocates
26BF59. . . advocates.
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent
27 Extent of Part III.
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C8Part IV Other Unlawful Acts
Part IV extended by Employment Protection Act 1975 (c. 71), s. 122(2)
27ARelationships which have come to an end
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Discriminatory practices.
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 Discriminatory advertisements.
F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Instructions to F76commit unlawful acts.
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 Pressure to F78commit unlawful acts.
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1032 Liability of employers and principals. C9
F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Aiding unlawful acts.
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V Charities
34 Charities.
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI General Exceptions From Parts II to IV
35 Special needs of racial groups in regard to education, training or welfare.
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36 Provision of education or training for persons not ordinarily resident in Great Britain.
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Discriminatory training by certain bodies.
F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38 Other discriminatory training etc.
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 Sports and competitions.
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 Indirect access to benefits etc.
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1141 Acts done under statutory authority etc.
F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42 Acts safeguarding national security.
F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F108F108Part VII The Commission for Racial Equality
Pt. VII (ss. 43-52) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 26, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
General
43 Establishment and duties of Commission.
C121
There shall be a body of Commissioners named the Commission for Racial Equality consisting of at least eight but not more than fifteen individuals each appointed by the Secretary of State on a full-time or part-time basis, which shall have the following duties—
a
to work towards the elimination of discrimination F93and harassment ;
b
to promote equality of opportunity, and good relations, between persons of different racial groups generally; and
c
to keep under review the working of this Act and, when they are so required by the Secretary of State or otherwise think it necessary, draw up and submit to the Secretary of State proposals for amending it.
F92C131A
One of the Commissioners shall be a person who appears to the Secretary of State to have special knowledge of Scotland.
2
The Secretary of State shall appoint—
a
one of the Commissioners to be chairman of the Commission; and
b
either one or more of the Commissioners (as the Secretary of State thinks fit) to be deputy chairman or deputy chairmen of the Commission.
3
The Secretary of State may by order amend subsection (1) so far as it regulates the number of Commissioners.
4
Schedule 1 shall have effect with respect to the Commission.
5
F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44 Assistance to organisations.
1
The Commission may give financial or other assistance to any organisation appearing to the Commission to be concerned with the promotion of equality of opportunity, and good relations, between persons of different racial groups, but shall not give any such financial assistance out of money provided (through the Secretary of State) by Parliament except with the approval of the Secretary of State given with the consent of the Treasury.
2
Except in so far as other arrangements for their discharge are made and approved under paragraph 13 of Schedule 1—
a
the Commission’s functions under subsection (1); and
b
other functions of the Commission in relation to matters connected with the giving of such financial or other assistance as is mentioned in that subsection,
shall be discharged under the general direction of the Commission by a committee of the Commission consisting of at least three but not more than five Commissioners, of whom one shall be the deputy chairman or one of the deputy chairmen of the Commission.
45 Research and education.
1
The Commission may undertake or assist (financially or otherwise) the undertaking by other persons of any research, and any educational activities, which appear to the Commission necessary or expedient for the purposes of section 43(1).
2
The Commission may make charges for educational or other facilities or services made available by them.
46 Annual reports.
1
As soon as practicable after the end of each calendar year the Commission shall make to the Secretary of State a report on their activities during the year (an “annual report").
2
Each annual report shall include a general survey of developments, during the period to which it relates, in respect of matters falling within the scope of the Commission’s functions.
3
The Secretary of State shall lay a copy of every annual report before each House of Parliament, and shall cause the report to be published.
Codes of practice
P147 Codes of practice.
P21
The Commission may issue codes of practice containing such practical guidance as the Commission think fit for F95all or any of the following purposes, namely—
a
the elimination of discrimination F103and harassment in the field of employment;
b
the promotion of equality of opportunity in that field between persons of different racial groups;
d
the promotion of equality of opportunity in the field of . . . F97housing between persons of different racial groups
2
When the Commission propose to issue a code of practice, they shall prepare and publish a draft of that code, shall consider any representations made to them about the draft and may modify the draft accordingly.
3
In the course of preparing any draft code of practice F98relating to the field of employment for eventual publication under subsection (2) the Commission shall consult with—
a
such organisations or associations of organisations representative of employers or of workers; and
b
such other organisations, or bodies,
as appear to the Commission to be appropriate.
F993A
In the course of preparing any draft code of practice relating to the field of . . . F97housing for eventual publication under subsection (2) the Commission shall consult with such organisations or bodies as appear to the Commission to be appropriate having regard to the content of the draft code.
4
If the Commission determine to proceed with F100a draft code of practice, they shall transmit the draft to the Secretary of State who shall—
a
if he approves of it, lay it before both Houses of Parliament; and
b
if he does not approve of it, publish details of his reasons for withholding approval.
5
If, within the period of forty days beginning with the day on which a copy of a draft code of practice is laid before each House of Parliament, or, if such copies are laid on different days, with the later of the two days, either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
6
In reckoning the period of forty days referred to in subsection (5), no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
P37
If no such resolution is passed as is referred to in subsection (5), the Commission shall issue the code in the form of the draft and the code shall come into effect on such day as the Secretary of State may by order appoint.
8
Without prejudice to section 74(3), an order under subsection (7) may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code of practice thereby brought into operation.
P49
The Commission may from time to time revise the whole or any part of a code of practice issued under this section and issue that revised code, and subsections (2) to (8) shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.
10
A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any proceedings; but in any proceedings under this Act before an F101employment tribunalF102a county court or, in Scotland, a sheriff court any code of practice issued under this section shall be admissible in evidence, and if any provision of such a code appears to the tribunal F102or the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
11
Without prejudice to subsection (1), a code of practice issued under this section may include such practical guidance as the Commission think fit as to what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing in the course of their employment acts made unlawful by this Act.
Investigations
48 Power to conduct formal investigations.
1
Without prejudice to their general power to do anything requisite for the performance of their duties under section 43(1), the Commission may if they think fit, and shall if required by the Secretary of State, conduct a formal investigation for any purpose connected with the carrying out of those duties.
2
The Commission may, with the approval of the Secretary of State, appoint, on a full-time or part-time basis, one or more individuals as additional Commissioners for the purposes of a formal investigation.
3
The Commission may nominate one or more Commissioners, with or without one or more additional Commissioners, to conduct a formal investigation on their behalf, and may delegate any of their functions in relation to the investigation to the persons so nominated.
49 Terms of reference.
1
The Commission shall not embark on a formal investigation unless the requirements of this section have been complied with.
2
Terms of reference for the investigation shall be drawn up by the Commission or, if the Commission were required by the Secretary of State to conduct the investigation, by the Secretary of State after consulting the Commission.
3
It shall be the duty of the Commission to give general notice of the holding of the investigation unless the terms of reference confine it to activities of persons named in them, but in such a case the Commission shall in the prescribed manner give those persons notice of the holding of the investigation.
4
Where the terms of reference of the investigation confine it to activities of persons named in them and the Commission in the course of it propose to investigate any act made unlawful by this Act which they believe that a person so named may have done, the Commission shall—
a
inform that person of their belief and of their proposal to investigate the act in question; and
b
offer him an opportunity of making oral or written representations with regard to it (or both oral and written representations if he thinks fit);
and a person so named who avails himself of an opportunity under this subsection of making oral representations may be represented—
i
by counsel or a solicitor; or
ii
by some other person of his choice, not being a person to whom the Commission object on the ground that he is unsuitable.
5
The Commission or, if the Commission were required by the Secretary of State to conduct the investigation, the Secretary of State after consulting the Commission may from time to time revise the terms of reference; and subsections (1), (3) and (4) shall apply to the revised investigation and terms of reference as they applied to the original.
50 Power to obtain information.
1
For the purposes of a formal investigation the Commission, by a notice in the prescribed form served on him in the prescribed manner—
a
may require any person to furnish such written information as may be described in the notice, and may specify the time at which, and the manner and form in which, the information is to be furnished;
b
may require any person to attend at such time and place as is specified in the notice and give oral information about, and produce all documents in his possession or control relating to, any matter specified in the notice.
2
Except as provided by section 60, a notice shall be served under subsection (1) only where—
a
service of the notice was authorised by an order made by the Secretary of State; or
b
the terms of reference of the investigation state that the Commission believe that a person named in them may have done or may be doing acts of all or any of the following descriptions—
i
unlawful F106acts of discrimination or harassment ;
ii
contraventions of section 28; and
iii
contraventions of sections 29, 30 or 31,
and confine the investigation to those acts.
3
A notice under subsection (1) shall not require a person—
a
to give information, or produce any documents, which he could not be compelled to give in evidence, or produce, in civil proceedings before the High Court or the Court of Session; or
b
to attend at any place unless the necessary expenses of his journey to and from that place are paid or tendered to him.
4
If a person fails to comply with a notice served on him under subsection (1) or the Commission have reasonable cause to believe that he intends not to comply with it, the Commission may apply to a county court or, in Scotland, a sheriff court for an order requiring him to comply with it or with such directions for the like purpose as may be contained in the order.
5
F104Section 55 of the County Courts Act 1984(penalty for neglecting witness summons) shall apply to failure without reasonable excuse to comply with an order of a county court under subsection (4) as it applies in the cases provided in the F104said section 55; and paragraph 73 of Schedule 1 to the M1Sheriff Courts (Scotland) Act 1907 (power of sheriff to grant second diligence for compelling the attendance of witnesses or havers) shall apply to an order of a sheriff court under subsection (4) as it applies in proceedings in the sheriff court.
6
A person commits an offence if he—
a
wilfully alters, suppresses, conceals or destroys a document which he has been required by a notice or order under this section to produce; or
b
in complying with such a notice or order, knowingly or recklessly makes any statement which is false in a material particular,
and shall be liable on summary conviction to a fine not exceeding F105level 5 on the standard scale.
7
Proceedings for an offence under subsection (6) may (without prejudice to any jurisdiction exercisable apart from this subsection) be instituted—
a
against any person at any place at which he has an office or other place of business;
b
against an individual at any place where he resides, or at which he is for the time being.
51 Recommendations and reports on formal investigations.
1
If in the light of any of their findings in a formal investigation it appears to the Commission necessary or expedient, whether during the course of the investigation or after its conclusion—
a
to make to any person, with a view to promoting equality of opportunity between persons of different racial groups who are affected by any of his activities, recommendations for changes in his policies or procedures, or as to any other matters; or
b
to make to the Secretary of State any recommendations, whether for changes in the law or otherwise,
the Commission shall make those recommendations accordingly.
2
The Commission shall prepare a report of their findings in any formal investigation conducted by them.
3
If the formal investigation is one required by the Secretary of State—
a
the Commission shall deliver the report to the Secretary of State; and
b
the Secretary of State shall cause the report to be published,
and, unless required by the Secretary of State, the Commission shall not publish the report.
4
If the formal investigation is not one required by the Secretary of State, the Commission shall either publish the report, or make it available for inspection in accordance with subsection (5).
5
Where under subsection (4) a report is to be made available for inspection, any person shall be entitled, on payment of such fee (if any) as may be determined by the Commission—
a
to inspect the report during ordinary office hours and take copies of all or any part of the report; or
b
to obtain from the Commission a copy, certified by the Commission to be correct, of the report.
6
The Commission may, if they think fit, determine that the right conferred by subsection (5)(a) shall be exercisable in relation to a copy of the report instead of, or in addition to, the original.
7
The Commission shall give general notice of the place or places where, and the times when, reports may be inspected under subsection (5).
C1452 Restriction on disclosure of information.
C151
No information given to the Commission by any person (“the informant") in connection with a formal investigation shall be disclosed by the Commission, or by any person who is or has been a Commissioner, additional Commissioner or employee of the Commission, except—
a
on the order of any court; or
b
with the informant’s consent; or
c
in the form of a summary or other general statement published by the Commission which does not identify the informant or any other person to whom the information relates; or
d
in a report of the investigation published by the Commission or made available for inspection under section 51(5); or
e
to the Commissioners, additional Commissioners or employees of the Commission, or, so far as may be necessary for the proper performance of the functions of the Commission, to other persons; or
f
for the purpose of any civil proceedings under this Act to which the Commission are a party, or any criminal proceedings.
2
Any person who discloses information in contravention of subsection (1) commits an offence and shall be liable on summary conviction to a fine not exceeding F107level 5 on the standard scale.
3
In preparing any report for publication or for inspection the Commission shall exclude, so far as is consistent with their duties and the object of the report, any matter which relates to the private affairs of any individual or the business interests of any person where the publication of that matter might, in the opinion of the Commission, prejudicially affect that individual or person.
Part VIII Enforcement
General
53 Restriction of proceedings for breach of Act. C16
F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement in employment field
54 Jurisdiction of F110employment tribunals.
F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54ABurden of proof: employment tribunals
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11255
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56 Remedies on complaint under s. 54. C17
F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement of Part III
57 Claims under Part III F115etc..
F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57ZABurden of proof : County and Sheriff Courts
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57AF117 Claims under section 19B in immigration cases.
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Non-discrimination notices
58 Issue of non-discrimination notice.
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59 Appeal against non-discrimination notice.
F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60 Investigation as to compliance with non-discrimination notice.
F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 Register of non-discrimination notices.
F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other enforcement by Commission
62 Persistent discrimination.
F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63 Enforcement of ss. 29 to 31.
F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64 Preliminary action in employment cases.
F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Help for persons suffering discrimination
65 Help for aggrieved persons in obtaining information etc.
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66 Assistance by Commission.
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sheriff courts and designated county courts
67 Sheriff courts and designated county courts.
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67AF130 National security: procedure.
F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period within which proceedings to be brought
68 Period within which proceedings to be brought.
F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence
C1869 Evidence.
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IX
70F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part X Supplemental
71F135 Specified authorities: general statutory duty.
1
Every body or other person specified in Schedule 1A or of a description falling within that Schedule shall, in carrying out its functions, have due regard to the need—
a
to eliminate unlawful F137discrimination and victimisation; and
b
to promote equality of opportunity and good relations between persons of different racial groups.
2
The F136Secretary of State may by order impose, on such persons falling within Schedule 1A as he considers appropriate, such duties as he considers appropriate for the purpose of ensuring the better performance by those persons of their duties under subsection (1).
3
An order under subsection (2)—
a
may be made in relation to a particular person falling within Schedule 1A, any description of persons falling within that Schedule or every person falling within that Schedule;
b
may make different provision for different purposes.
4
Before making an order under subsection (2), the F136Secretary of State shall consult the Commission.
5
6
An order under subsection (2) or (5) may contain such incidental, supplementary or consequential provision as the F136Secretary of State considers appropriate (including provision amending or repealing provision made by or under this Act or any other enactment).
7
This section is subject to section 71A and 71B and is without prejudice to the obligation of any person to comply with any F138 provision of the Equality Act 2010 (“the 2010 Act”), so far as relating to race (within the meaning of that Act).
F1398
In this section—
a
“discrimination” means race discrimination within the meaning of section 25 of the 2010 Act;
b
“victimisation” means victimisation within the meaning of section 27 of the 2010 Act, where the protected act in question relates to race, and
c
“racial group” has the meaning given in section 9 of the 2010 Act.
F15371A General statutory duty: special cases.
1
In relation to the carrying out of immigration and nationality functions F154. . ., section 71(1)(b) has effect with the omission of the words “equality of opportunity and".
F1551A
In subsection (1) “immigration and nationality functions” means functions exercisable by virtue of—
a
the Immigration Acts (within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002) excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to offences under Part III of that Act;
b
the British Nationality Act 1981;
c
the British Nationality (Falkland Islands) Act 1983 (c. 6);
d
the British Nationality (Hong Kong) Act 1990 (c. 34);
e
the Hong Kong (War Wives and Widows) Act 1996 (c. 41);
f
the British Nationality (Hong Kong) Act 1997 (c. 20);
g
the Special Immigration Appeals Commission Act 1997 (c. 68);
h
provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to the subject matter of an enactment within any of paragraphs (a) to (g); or
i
any provision of Community law which relates to the subject matter of an enactment within any of those paragraphs.
2
Where an entry in Schedule 1A is limited to a person in a particular capacity, section 71(1) does not apply to that person in any other capacity.
3
Where an entry in Schedule 1A is limited to particular functions of a person, section 71(1) does not apply to that person in relation to any other functions.
F15671B General statutory duty: Scotland and Wales.
1
For the purposes of the M2Scotland Act 1998, subsections (2) to (4) of section 71 (and sections 71(6) and 74 so far as they apply to the power conferred by subsection (2) of section 71) shall be taken to be pre-commencement enactments within the meaning of that Act.
2
3
4
In this section “Welsh public authority” means any person whose functions are exercisable only in relation to Wales and F159 includes—
a
the National Assembly for Wales Commission;
b
the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government.
F16171C General statutory duty: codes of practice.
F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16371D General statutory duty: compliance notices.
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16571E Enforcement of compliance notices.
F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72 Validity and revision of contracts.
F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72ACollective agreements and rules of undertakings
F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Power to amend certain provisions of Act.
F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74 Orders and regulations.
F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75 Application to Crown etc.
F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75AF149 Application to House of Commons staff.
F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75BF151 Application to House of Lords staff.
F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76 Government appointments outside s. 4.
F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76ZAOther office holders
F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F167 Police
Ss. 76A, 76B and cross-heading inserted (2.4.2001) by 2000 c. 34, s. 4 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F16876A Police forces.
F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17076B Other police bodies etc.
F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77 Financial provisions.
F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78General interpretation provisions.
F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79 Transitional and commencement provisions, amendments and repeals.
F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80 Short title and extent.
F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)