Part 3Discrimination on grounds of sexual orientation

81Regulations

1

The F2Secretary of State may by regulations make provision about discrimination or harassment on grounds of sexual orientation.

2

In subsection (1) “sexual orientation” has the meaning given by section 35.

3

The regulations may, in particular—

a

make provision of a kind similar to Part 2 of this Act;

b

define discrimination;

c

define harassment;

d

make provision for enforcement (which may, in particular, include provision—

i

creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by an enactment relating to discrimination or equality;

ii

about validity and revision of contracts;

iii

about discriminatory advertisements;

iv

about instructing or causing discrimination or harassment);

e

provide for exceptions (whether or not of a kind similar to those provided for by Part 2 of this Act or any other enactment relating to discrimination or equality);

f

make provision which applies generally or only in specified cases or circumstances;

g

make different provision for different cases or circumstances;

h

include incidental or consequential provision (which may include provision amending an enactment);

i

include transitional provision.

4

The regulations—

a

shall be made by statutory instrument, and

b

may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

5

In subsection (3)(h) “enactment” includes an enactment in or under an Act of the Scottish Parliament.

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