Amendments of existing provisions about public sector equality duties14

1

Section 76A the Sex Discrimination Act 19755 (public authorities: general statutory duty) is amended as follows.

2

In subsection (1)(a) for “discrimination and harassment” substitute “discrimination, harassment and victimisation”.

3

For subsection (2)(c) substitute—

c

“discrimination” means—

i

sex discrimination;

ii

gender reassignment discrimination;

iii

marriage and civil partnership discrimination;

iv

pregnancy and maternity discrimination;

v

a breach of an equality clause.

4

After subsection (2)(c) insert—

d

“harassment” is any act that is harassment for the purposes of the Equality Act 2010 (“the 2010 Act”) but, in the case of harassment within subsection (1) of section 26, only so far as that subsection relates to sex or gender reassignment.

e

“victimisation” means victimisation where the protected act in question relates to sex, gender reassignment, marriage and civil partnership or pregnancy and maternity.

5

After subsection (2) insert—

2A

An expression used in subsection (2) and in the 2010 Act has the same meaning in that subsection as it does in that Act.

6

Despite the repeal of the Sex Discrimination Act 1975 (“the 1975 Act”) by Schedule 27 to the Act, the following provisions of the 1975 Act, so far as they relate to sections 76A to 76C6 of that Act, continue to have effect—

a

section 817 (orders),

b

in section 828 (interpretation) the definitions of “act”, “Commission”, “man” and “woman”, and

c

section 859 (Crown application).