C1 Part IILegal Services

Annotations:
Modifications etc. (not altering text)

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.