1996 No. 438
The Sex Discrimination and Equal Pay (Miscellaneous Amendments) Regulations 1996
Made
Laid before Parliament
Coming into force
Regulations 1 and 2
Regulation 3
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to measures relating to equal pay for men and women and to equal treatment for men and women in matters of employment, self-employment and vocational training2, in exercise of the powers conferred by that section, hereby makes the following Regulations:
Citation and commencement1
1
These Regulations may be cited as the Sex Discrimination and Equal Pay (Miscellaneous Amendments) Regulations 1996.
2
This Regulation and Regulation 2 shall come into force on 25th March 1996.
3
Regulation 3 shall come into force on 31st July 1996.
Amendment of the Sex Discrimination Act 19752
1
The Sex Discrimination Act 19753 is amended as follows.
2
After section 65(1) there is inserted—
1A
In applying section 66 for the purposes of subsection (1)(b), no account shall be taken of subsection (3) of that section.
1B
As respects an unlawful act of discrimination falling within section 1(1)(b) or section 3(1)(b), if the respondent proves that the requirement or condition in question was not applied with the intention of treating the complainant unfavourably on the ground of his sex or marital status as the case may be, an order may be made under subsection (1)(b) only if the industrial tribunal—
a
makes such order under subsection (1)(a) and such recommendation under subsection (1)(c) (if any) as it would have made if it had no power to make an order under subsection (1)(b); and
b
(where it makes an order under subsection (1)(a) or a recommendation under subsection (1)(c) or both) considers that it is just and equitable to make an order under subsection (1)(b) as well.
3
In section 65(3)(b), for the words “could have been made but was not” there is substituted “was not made”.
4
In section 66(3) the words from “(or, where” to “section 3(1)(b))” and the words “or marital status as the case may be” are omitted.
Amendment of the Equal Pay Act 19703
1
Section 2A of the Equal Pay Act 19704 is amended as follows.
2
In subsection (1), for the words from “shall not determine” to the end there is substituted—
may either—
a
proceed to determine that question; or
b
unless it is satisfied that there are no reasonable grounds for determining that the work is of equal value as so mentioned, require a member of the panel of independent experts to prepare a report with respect to that question;
and, if it requires the preparation of a report under paragraph (b) of this subsection, it shall not determine that question unless it has received the report.
3
In subsection (2) the words “paragraph (a) of” are omitted, and for the words “that paragraph” there is substituted “that subsection”.
(This note is not part of the Regulations)