C1 Part IILegal Services
Miscellaneous
65 Discrimination by, or in relation to, advocates.
1
The following shall be inserted in the M1Sex Discrimination Act 1975 after section 35A (as inserted by this Act)—
Advocates
35B Discrimination by, or in relation to, advocates.
1
It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a woman—
a
in the arrangements which he makes for the purpose of determining whom he will take as his pupil;
b
in respect of any terms on which he offers to take her as his pupil; or
c
by refusing, or deliberately omitting, to take her as his pupil.
2
It is unlawful for an advocate, in relation to a woman who is a pupil, to discriminate against her—
a
in respect of any terms applicable to her as a pupil;
b
in the opportunities for training, or gaining experience, which are afforded or denied to her;
c
in the benefits, facilities or services which are afforded or denied to her; or
d
by terminating the relationship or by subjecting her to any pressure to terminate the relationship or other detriment.
3
It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against a woman.
4
In this section—
“advocate” means a member of the Faculty of Advocates practising as such; and
“pupil” has the meaning commonly associated with its use in the context of a person training to be an advocate.
5
Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II.
6
This section does not apply to England and Wales.
2
The following shall be inserted in the M2Race Relations Act 1976 after section 26A (as inserted by this Act)—
Advocates
26B Discrimination by, or in relation to, advocates.
1
It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person—
a
in the arrangements which he makes for the purpose of determining whom he will take as his pupil;
b
in respect of any terms on which he offers to take any person as his pupil; or
c
by refusing, or deliberately omitting, to take a person as his pupil.
2
It is unlawful for an advocate, in relation to a person who is a pupil, to discriminate against him—
a
in respect of any terms applicable to him as a pupil;
b
in the opportunities for training, or gaining experience, which are afforded or denied to him;
c
in the benefits, facilities or services which are afforded or denied to him; or
d
by terminating the relationship or by subjecting him to any pressure to terminate the relationship or other detriment.
3
It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against any person.
4
In this section—
“advocate” means a member of the Faculty of Advocates practising as such; and
“pupil” has the meaning commonly associated with its use in the context of a person training to be an advocate.
5
This section does not apply to England and Wales.
Pt. 2: transfer of functions (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 4, 5, Sch. 1 (with arts. 6, 8)