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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