1.

Racial discrimination.

— (1) A person discriminates against another in any circumstances relevant for the purposes of any provision of this Act if— [F2 (1A) A person also discriminates against another if, in any circumstances relevant for the purposes of any provision referred to in subsection (1B), he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other, but—

(a)

which puts or would put persons of the same race or ethnic or national origins as that other at a particular disadvantage when compared with other persons,

(b)

which puts [F3 or would put] that other at that disadvantage, and

(c)

which he cannot show to be a proportionate means of achieving a legitimate aim.

(1B) The provisions mentioned in subsection (1A) are—

(a)

Part II;

(b)

sections 17 to 18D;

(c)

section 19B, so far as relating to -

(i) any form of social security;

(ii) health care;

(iii) any other form of social protection; and

(iv) any form of social advantage;

which does not fall within section 20;

(d)

sections 20 to 24;

(e)

sections 26A and 26B;

(f)

sections 76 and 76ZA; and

(g)

Part IV, in its application to the provisions referred to in paragraphs (a) to (f).

(1C) Where, by virtue of subsection (1A), a person discriminates against another, subsection (1)(b) does not apply to him.](2) It is hereby declared that, for the purposes of this Act, segregating a person from other persons on racial grounds is treating him less favourably than they are treated.

2.

Discrimination by way of victimisation.

— (1) A person ( “the discriminator") discriminates against another person ( “the person victimised") in any circumstances relevant for the purposes of any provision of this Act if he treats the person victimised less favourably than in those circumstances he treats or would treat other persons, and does so by reason that the person victimised has—or by reason that the discriminator knows that the person victimised intends to do any of those things, or suspects that the person victimised has done, or intends to do, any of them.(2) Subsection (1) does not apply to treatment of a person by reason of any allegation made by him if the allegation was false and not made in good faith.

3.

Meaning of “racial grounds", “racial group" etc.

— (1) In this Act, unless the context otherwise requires—(2) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this Act.(3) In this Act—

(a)

references to discrimination refer to any discrimination falling within section 1 or 2; and

(b)

references to racial discrimination refer to any discrimination falling within section 1,

and related expressions shall be construed accordingly.(4) A comparison of the case of a person of a particular racial group with that of a person not of that group under section 1(1) [F4 or (1A)] must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

4.

F7 ...applicants and employees.

— (1) It is unlawful for a person, in relation to employment by him at an establishment in Great Britain, to discriminate against another—(2) It is unlawful for a person, in the case of a person employed by him at an establishment in Great Britain, to discriminate against that employee—

(a)

in the terms of employment which he affords him; or

(b)

in the way he affords him access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(c)

by dismissing him, or subjecting him to any other detriment.

[F8 (2A) It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment a person whom he employs or who has applied to him for employment.](3) Except in relation to discrimination falling within section 2 [F9 or discrimination on grounds of race or ethnic or national origins] , subsections (1) and (2) do not apply to employment for the purposes of a private household.(4) Subsection (2) does not apply to benefits, facilities or services of any description if the employer is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public comprising the employee in question, unless—

(a)

that provision differs in a material respect from the provision of the benefits, facilities or services by the employer to his employees; or

(b)

the provision of the benefits, facilities or services to the employee in question is regulated by his contract of employment; or

(c)

the benefits, facilities or services relate to training.

[F10 (4A) In subsection (2)(c) reference to the dismissal of a person from employment includes, where the discrimination is on grounds of race or ethnic or national origins, reference—

(a)

to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and

(b)

to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.]

5.

Exceptions for genuine occupational qualifications.

— (1) In relation to racial discrimination [F12 in cases where section 4A does not apply]—(2) Being of a particular racial group is a genuine occupational qualification for a job only where—

(a)

the job involves participation in a dramatic performance or other entertainment in a capacity for which a person of that racial group is required for reasons of authenticity; or

(b)

the job involves participation as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of that racial group is required for reasons of authenticity; or

(c)

the job involves working in a place where food or drink is (for payment or not) provided to and consumed by members of the public or a section of the public in a particular setting for which, in that job, a person of that racial group is required for reasons of authenticity; or

(d)

the holder of the job provides persons of that racial group with personal services promoting their welfare, and those services can most effectively be provided by a person of that racial group.

(3) Subsection (2) applies where some only of the duties of the job fall within paragraph (a), (b), (c) or (d) as well as where all of them do.(4) Paragraph (a), (b), (c) or (d) of subsection (2) does not apply in relation to the filling of a vacancy at a time when the employer already has employees of the racial group in question—

(a)

who are capable of carrying out the duties falling within that paragraph; and

(b)

whom it would be reasonable to employ on those duties; and

(c)

whose numbers are sufficient to meet the employer’s likely requirements in respect of those duties without undue inconvenience.

6.

Exception for employment intended to provide training in skills to be exercised outside Great Britain.

—Nothing in section 4 shall render unlawful any act done by an employer [F13 , on grounds other than those of race or ethnic or national origins,] for the benefit of a person not ordinarily resident in Great Britain in or in connection with employing him at an establishment in Great Britain, where the purpose of that employment is to provide him with training in skills which he appears to the employer to intend to exercise wholly outside Great Britain.

7.

F14 ...contract workers.

— (1) This section applies to any work for a person ( “the principal") which is available for doing by individuals ( “contract workers") who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal.(2) It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker—

(a)

in the terms on which he allows him to do that work; or

(b)

by not allowing him to do it or continue to do it; or

(c)

in the way he affords him access to any benefits, facilities or services or by refusing or deliberately omitting to afford him access to them; or

(d)

by subjecting him to any other detriment.

(3) The principal does not contravene subsection (2)(b) by doing any act in relation to a person not of a particular racial group [F15 , or not of a particular race or particular ethnic or national origins,] at a time when, if the work were to be done by a person taken into the principal’s employment, being of that racial group [F16 or of that race or those origins] would be a genuine occupational qualification [F17 or, as the case may be, that act would be lawful by virtue of section 4A] for the job. [F18 (3A) It is unlawful for the principal, in relation to work to which this section applies, to subject a contract worker to harassment.](4) Nothing in this section shall render unlawful any act done by the principal [F19 on grounds other than those of race or ethnic or national origins,] for the benefit of a contract worker not ordinarily resident in Great Britain in or in connection with allowing him to do work to which this section applies, where the purpose of his being allowed to do that work is to provide him with training in skills which he appears to the principal to intend to exercise wholly outside Great Britain.(5) Subsection (2)(c) does not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his contract workers.

8.

Meaning of employment at establishment in Great Britain.

— (1) For the purposes of this Part ( “the relevant purposes"), employment is to be regarded as being at an establishment in Great Britain [F20 if the employee— [F21 (1A) This subsection applies if, in a case involving discrimination on grounds of race or ethnic or national origins, or harassment—

(a)

the employer has a place of business at an establishment in Great Britain;

(b)

the work is for the purposes of the business carried on at that establishment; and

(c)

the employee is ordinarily resident in Great Britain—

(i) at the time when he applies for or is offered the employment, or

(ii) at any time during the course of the employment.]

 F22 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In the case of employment on board a ship registered at a port of registry in Great Britain (except where the employee does his work wholly outside Great Britain) the ship shall for the relevant purposes be deemed to be the establishment.(4) Where work is not done at an establishment it shall be treated for the relevant purposes as done at the establishment from which it is done or (where it is not done from any establishment) at the establishment with which it has the closest connection. (5) In relation to employment concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources, Her Majesty may by Order in Council provide that subsections (1) to (3) shall have effect as if in both subsection (1) and subsection (3) the last reference to Great Britain included any area for the time being designated under section 1(7) of the M1 Continental Shelf Act 1964, except an area or part of an area in which the law of Northern Ireland applies.(6) An Order in Council under subsection (5) may provide that, in relation to employment to which the Order applies, this Part is to have effect with such modifications as are specified in the Order.(7) An Order in Council under subsection (5) shall be of no effect unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

9.

Exception for seamen recruited abroad.

— (1) Nothing in section 4 shall render unlawful any act done by an employer in or in connection with employment by him on any ship in the case of a person who applied or was engaged for that employment outside Great Britain [F23 to the extent that the act—(2) Nothing in section 7 shall, as regards work to which that section applies, render unlawful any act done by the principal in or in connection with such work on any ship in the case of a contract worker who was engaged outside Great Britain by the person by whom he is supplied [F24 to the extent that the act—

(a)

relates to the pay the person receives in respect of the work, and

(b)

amounts to discrimination against the person on the basis of his nationality.]

(3) Subsections (1) and (2) do not apply to employment or work concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources in any area for the time being designated under section 1(7) of the M2 Continental Shelf Act 1964, not being an area or part of an area in which the law of Northern Ireland applies.(4) For the purposes of subsection (1) a person brought to Great Britain with a view to his entering into an agreement in Great Britain to be employed on any ship shall be treated as having applied for the employment outside Great Britain. [F25 (5) In this section— “pay” includes retirement or death benefit; “retirement or death benefit” means a pension, annuity, lump sum, gratuity or other similar benefit which will be paid or given to the employee or contract worker or a member of his family or household in the event of his retirement or death.]

10.

Partnerships.

— (1) It is unlawful for a firm consisting of six or more partners, in relation to a position as partner in the firm, to discriminate against a person— [F26 (1A) The limitation of subsection (1) to six or more partners does not apply in relation to discrimination on grounds of race or ethnic or national origins.(1B) It is unlawful for a firm, in relation to a position as a partner in the firm, to subject to harassment a person who holds or has applied for that position.](2) [F27 Subsections (1), (1A) and (1B)] shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.(3) Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, [F28 section 4A or 5 would apply to such employment].(4) In the case of a limited partnership references in this section to a partner shall be construed as references to a general partner as defined in section 3 of the M3 Limited Partnerships Act 1907. [F29 (5) This section applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.] [ F30 (6) In subsection (1)(d)(ii) reference to the expulsion of a person from a position as partner includes, where the discrimination is on grounds of race or ethnic or national origins, reference—

(a)

to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and

(b)

to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.]

11.

Trade unions etc.

— (1) This section applies to an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.(2) It is unlawful for an organisation to which this section applies, in the case of a person who is not a member of the organisation, to discriminate against him—

(a)

in the terms on which it is prepared to admit him to membership; or

(b)

by refusing or deliberately omitting to accept, his application for membership.

(3) It is unlawful for an organisation to which this section applies, in the case of a person who is a member of the organisation, to discriminate against him—

(a)

in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(b)

by depriving him of membership, or varying the terms on which he is a member; or

(c)

by subjecting him to any other detriment.

[F31 (4) It is unlawful for an organisation to which this section applies, in relation to a person’s membership or application for membership of that organisation, to subject him to harassment.]

12.

Qualifying bodies.

— (1) It is unlawful for an authority or body which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a person— [F32 (1A) It is unlawful for an authority or body to which subsection (1) applies, in relation to an authorisation or qualification conferred by it, to subject to harassment a person who holds or applies for such an authorisation or qualification.](2) In this section—

(a)

“authorisation or qualification" includes recognition, registration, enrolment, approval and certification;

(b)

“confer" includes renew or extend.

[F33 (3) Subsections (1) and (1A) do not apply to discrimination or harassment which is rendered unlawful by section 17 or 18.]

[F34 13.

Persons concerned with provision of vocational training.

— (1) It is unlawful, in the case of an individual seeking or undergoing training which would help fit him for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against him–(2) Subsection (1) does not apply to—

(a)

discrimination which is rendered unlawful by section 4(1) or (2) or section 17 or 18; or

(b)

discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act.

[F35 (3) It is unlawful for any person who provides, or makes arrangements for the provision of, facilities for training to which subsection (1) applies, in relation to such facilities or training, to subject to harassment a person to whom he provides such training or who is seeking to undergo such training.(4) Subsection (3) does not apply to harassment which is rendered unlawful by section 4(2A) or by section 17 or 18.]]

14.

Employment agencies.

— (1) It is unlawful for an employment agency to discriminate against a person— [F36 (1A) It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a person to whom it provides such services or who requests the provision of such services.] [ F37 (2) It is unlawful for a local education authority or education authority or any other person to do any act in providing services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 which constitutes discrimination [F38 or harassment] .](3) References in [F39 subsections (1) and (1A)] to the services of an employment agency include guidance on careers and any other services related to employment.(4) This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person in question.(5) An employment agency or local education authority [F40 , education authority or other person] shall not be subject to any liability under this section if it proves—

(a)

that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (4), its action would not be unlawful; and

(b)

that it was reasonable for it to rely on the statement.

(6) A person who knowingly or recklessly makes a statement such as is referred to in subsection (5)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F41 level 5 on the standard scale].

15.

Manpower Services Commission etc.

— [F42 (1) It is unlawful for the [F43 Secretary of State [F44 or the Minister]  F45 . . .] to discriminate [F46 or to subject a person to harassment] in the provision of facilities or services under section 2 of the Employment and Training Act 1973] [F47 (1A) It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate [F46 or to subject a person to harassment] in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements analogous to arrangements in pursuance of section 2 of the said Act of 1973).](2) This section does not apply in a case where—

(a)

section 13 applies; or

(b)

the [F48 Secretary of State] is acting as an employment agency.

F49 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17.

F50 ... bodies in charge of educational establishments.

— [F51 (1)] It is unlawful, in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body") to discriminate against a person— [F64 (2) It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in subsection (1), to subject to harassment—

(a)

a person who applies for admission to the establishment as a pupil; or

(b)

a pupil at the establishment.]

[F65 17A.

Meaning of pupil in section 17.

For the purposes of section 17, “pupil" includes, in England and Wales, any person who receives education at a school or institution to which that section applies.]

18.

Other discrimination [F66 etc.] by local education authorities.

— (1) It is unlawful for a local education authority, in carrying out such of its functions under [F67 the Education Acts]as do not fall under section 17, to do any act which constitutes racial discrimination [F68 or harassment] .(2) It is unlawful for an education authority, in carrying out such of its functions under [F69 the Education (Scotland) [F70 Act 1980]] as do not fall under section 17, to do any act which constitutes racial discrimination [F68 or harassment] .

[F71 18A.

F72 ... Further Education and Higher Education Funding Councils

It is unlawful for [F73 the Learning and Skills Council for England, F74 ...] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [F75 the Education Acts] [ F76 and the Learning and Skills Act 2000], to do any act which constitutes racial discrimination [F77 or harassment] .]

F79 18B.

F78 ... Scottish Further and Higher Education Funding Councils.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F80 18BA.

Scottish Further and Higher Education Funding Council

It is unlawful for the Scottish Further and Higher Education Funding Council in carrying out any of its functions to do any act which constitutes racial discrimination or harassment.]

F81

18C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ F84 18D.

F82 ... [ F83 Training and Development Agency for Schools].

It is unlawful for the [F83 Training and Development Agency for Schools] in carrying out their functions under [F85 any enactment] to do any act which constitutes racial discrimination [F86 or harassment] .]

F87 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88

19ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19A.

Discrimination by planning authorities.

— (1) It is unlawful for a planning authority to discriminate against a person in carrying out their planning functions.(2) In this section “planning authority"means—

(a)

in England and Wales, a county [F90 county borough,], district or London borough council [F91 the Broads Authority [F92 a National Park authority or]], a joint planning board F93 . . . and

(b)

in Scotland, a planning authority or regional planning authority,

and includes an urban development corporation and a body having functions (whether as an enterprise zone authority or a body invited to prepare a scheme) under Schedule 32 to the Local Government, Planning and Land Act 1980. (3) In this section “planning functions"means—

(a)

in England and Wales, functions under [F94 the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990]and such other functions as may be prescribed, and

(b)

in Scotland, functions under [F95 the Town and Country Planning (Scotland) Act 1997, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the Planning (Hazardous Substances) (Scotland) Act 1997] or Part IX of the Local Government (Scotland) Act 1973, and such other functions as may be prescribed,

and includes, in relation to an urban development corporation, planning functions under Part XVI of the Local Government, Planning and Land Act 1980 and, in relation to an enterprise zone authority or body invited to prepare an enterprise zone scheme, functions under Part XVIII of that Act.]

F98

19B.

F97 ... public authorities.

— (1) It is unlawful for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination. [F99 (1A) It is unlawful for a public authority to subject a person to harassment in the course of carrying out any functions of the authority which consist of the provision of—

(a)

any form of social security;

(b)

healthcare;

(c)

any other form of social protection; or

(d)

any form of social advantage,

which does not fall within section 20.](2) In this section “public authority"—

(a)

includes any person certain of whose functions are functions of a public nature; but

(b)

does not include any person mentioned in subsection (3).

(3) The persons mentioned in this subsection are—

(a)

either House of Parliament;

(b)

a person exercising functions in connection with proceedings in Parliament;

(c)

the Security Service;

(d)

the Secret Intelligence Service;

(e)

the Government Communications Headquarters; and

(f)

any unit or part of a unit of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

(4) In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.(5) This section is subject to sections 19C to 19F.(6) Nothing in this section makes unlawful any act of discrimination [F100 or harassment] which—

(a)

is made unlawful by virtue of any other provision of this Act; or

(b)

would be so made but for any provision made by or under this Act.

F101

19C.

Exceptions or further exceptions from section 19B for judicial and legislative acts etc.

— (1) Section 19B does not apply to—(2) Section 19B does not apply to any act of, or relating to, making, confirming or approving any enactment or Order in Council or any instrument made by a Minister of the Crown under an enactment.(3) Section 19B does not apply to any act of, or relating to, making or approving arrangements, or imposing requirements or conditions, of a kind [F102 excepted by] section 41.(4) Section 19B does not apply to any act of, or relating to, imposing a requirement, or giving an express authorisation, of a kind mentioned in section 19D(3) in relation to the carrying out of [F103 immigration functions] .(5) In this section—

“ [F104 immigration functions]” has the meaning given in section 19D; and

“Minister of the Crown” includes the [F105 Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government] and a member of the Scottish Executive.

F106

19D.

Exception from section 19B for certain acts in immigration and nationality cases.

— (1) Section 19B does not make it unlawful for a relevant person to discriminate against another person on grounds of nationality or ethnic or national origins in carrying out [F107 immigration functions].(2) For the purposes of subsection (1), “relevant person" means—

(a)

a Minister of the Crown acting personally; or

(b)

any other person acting in accordance with a relevant authorisation.

(3) In subsection (2), “relevant authorisation" means a requirement imposed or express authorisation given—

(a)

with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b)

with respect to a particular class of case—

(i) by any of the enactments mentioned in subsection (5); or

(ii) by any instrument made under or by virtue of any of those enactments.

[F108 (4) In subsection (1) “immigration functions" means functions exercisable by virtue of any of the enactments mentioned in subsection (5).(5) Those enactments are—

(a)

the Immigration Acts [F109 (within the meaning of section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004)] excluding sections 28A to 28K of the Immigration Act 1971 (c. 77) so far as they relate to offences under Part III of that Act [F110 and excluding section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004] ;

(b)

the Special Immigration Appeals Commission Act 1997 (c. 68);

(c)

provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to immigration or asylum; and

(d)

any provision of Community law which relates to immigration or asylum.]

F112 F111 19E.

Monitoring of exception in relation to immigration and nationality cases.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113

19F.

Exceptions from section 19B for decisions not to prosecute etc.

Section 19B does not apply to—

20.

F114 ... provision of goods, facilities or services.

— (1) It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a person who seeks to obtain or use those goods, facilities or services—(2) The following are examples of the facilities and services mentioned in subsection (1)—

(a)

access to and use of any place which members of the public are permitted to enter;

(b)

accommodation in a hotel, boarding house or other similar establishment;

(c)

facilities by way of banking or insurance or for grants, loans, credit or finance;

(d)

facilities for education;

(e)

facilities for entertainment, recreation or refreshment;

(f)

facilities for transport or travel;

(g)

the services of any profession or trade, or any local or other public authority.

[F115 (3) It is unlawful for any person concerned with the provision of goods, facilities or services as mentioned in subsection (1), in relation to such provision, to subject to harassment—

(a)

a person who seeks to obtain or use those goods, facilities or services, or

(b)

a person to whom he provides those goods, facilities or services.]

21.

F116 ... disposal or management of premises.

— (1) It is unlawful for a person, in relation to premises in Great Britain of which he has power to dispose, to discriminate against another—(2) It is unlawful for a person, in relation to premises managed by him, to discriminate against a person occupying the premises—

(a)

in the way he affords him access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or

(b)

by evicting him, or subjecting him to any other detriment.

[F117 (2A) It is unlawful for a person, in relation to such premises as are referred to in subsection (1) or (2), to subject to harassment a person who applies for or, as the case may be, occupies such premises.](3) Subsection (1) does not apply to [F118 discrimination, on grounds other than those of race or ethnic or national origins, by] a person who owns an estate or interest in the premises and wholly occupies them unless he uses the services of an estate agent for the purposes of the disposal of the premises, or publishes or causes to be published an advertisement in connection with the disposal.

22.

Exception from ss. 20(1) and 21: small dwellings.

— (1) Sections 20(1) and 21 do not apply to [F119 discrimination on grounds other than those of race or ethnic or national origins in either] the provision by a person of accommodation in any premises, or the disposal of premises by him, if—(2) Premises shall be treated for the purposes of this section as small premises if—

(a)

in the case of premises comprising residential accommodation for one or more households (under separate letting or similar agreements) in addition to the accommodation occupied by the relevant occupier, there is not normally residential accommodation for more than two such households and only the relevant occupier and any member of his household reside in the accommodation occupied by him;

(b)

in the case of premises not falling within paragraph (a), there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

23.

Further exceptions from [F120 ss 20] and 21.

— (1) Sections [F121 20] and 21 do not apply—(2) Section 20(1) does not apply to anything done by a person as a participant in arrangements under which he (for reward or not) takes into his home, and treats as if they were members of his family, children, elderly persons, or persons requiring a special degree of care and attention.

24.

F124 ... consent for assignment or sub-letting.

— (1) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Great Britain comprised in a tenancy, it is unlawful for the landlord or other person (2) Subsection (1) does not apply [F126 to discrimination on grounds other than those of race or ethnic or national origins] if—

(a)

the person withholding a licence of consent, or a near relative of his ( “the relevant occupier") resides, and intends to continue to reside, on the premises; and

(b)

there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household; and

(c)

the premises are small premises.

(3) Section 22(2) (meaning of “small premises") shall apply for the purposes of this as well as of that section.(4) In this section “tenancy" means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any enactment; and “disposal", in relation to premises comprised in a tenancy, includes assignment or assignation of the tenancy and sub-letting or parting with possession of the premises or any part of the premises.(5) This section applies to tenancies created before the passing of this Act, as well as to others.

25.

Discrimination: associations not within s. 11.

— (1) This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—(2) It is unlawful for an association to which this section applies, in the case of a person who is not a member of the association, to discriminate against him—

(a)

in the terms on which it is prepared to admit him to membership; or

(b)

by refusing or deliberately omitting to accept his application for membership.

(3) It is unlawful for an association to which this section applies, in the case of a person who is a member or associate of the association, to discriminate against him—

(a)

in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(b)

in the case of a member, by depriving him of membership, or varying the terms on which he is a member; or

(c)

in the case of an associate, by depriving him of his rights as an associate, or varying those rights; or

(d)

in either case, by subjecting him to any other detriment.

(4) For the purposes of this section—

(a)

a person is a member of an association if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly;

(b)

a person is an associate of an association to which this section applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).

26.

Exception from s. 25 for certain associations.

— (1) An association to which section 25 applies is within this subsection if the main object of the association is to enable the benefits of membership (whatever they may be) to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour; and in determining whether that is the main object of an association regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons primarily enjoying the benefits of membership are of the racial group in question.(2) In the case of an association within subsection (1), nothing in section 25 shall render unlawful any act not involving discrimination on the ground of colour.

26A.

F128 ... barristers.

— (1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person—(2) It is unlawful for a barrister or barrister’s clerk, in relation to a pupil or tenant in the chambers in question, to discriminate against him—

(a)

in respect of any terms applicable to him as a pupil or tenant;

(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 his pupillage or by subjecting him to any pressure to leave the chambers or other detriment.

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person [F129 or to subject any person to harassment]. [F130 (3A) It is unlawful for a barrister or barrister’s clerk, in relation to a pupillage or tenancy in the set of chambers in question, to subject to harassment a person who is, or has applied to be, a pupil or tenant.](4) In this section— “barrister’s clerk" includes any person carrying out any of the functions of a barrister’s clerk; and “pupil", “pupillage", “tenancy" and “tenant" have the meanings commonly associated with their use in the context of a set of barristers’ chambers.(5) This section does not apply to Scotland.

26B.

F131 ... advocates.

— (1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person—(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 [F132 or to subject any person to harassment] . [F133 (3A) It is unlawful for an advocate, in relation to taking any person as his pupil, to subject to harassment a person who has applied to be, or is, a pupil.](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.]

27.

Extent of Part III.

— (1) Sections 17 to [F134 18D] do not apply to benefits, facilities or services outside Great Britain except— [F135 (1A) In its application in relation to granting entry clearance (within the meaning of the M4 Immigration Act 1971) section 19B applies in relation to acts done outside the United Kingdom, as well as those done within Great Britain.](2) Section 20(1)—

(a)

does not apply to goods, facilities or services outside Great Britain except as provided in subsections (3) and (4); and

(b)

does not apply to facilities by way of banking or insurance or for grants, loans, credit or finance, where the facilities are for a purpose to be carried out, or in connection with risks wholly or mainly arising, outside Great Britain.

(3) Section 20(1) applies to the provision of facilities for travel outside Great Britain where the refusal or omission occurs in Great Britain or on a ship, aircraft or hovercraft within subsection (4).(4) Section 20(1) applies on and in relation to—

(a)

any ship registered at a port of registry in Great Britain; and

(b)

any aircraft or hovercraft registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain,

even if the ship, aircraft or hovercraft is outside Great Britain.(5) This section shall not render unlawful an act done in or over a country outside the United Kingdom, or in or over that country’s territorial waters, for the purpose of complying with the laws of that country.

28.

Discriminatory practices.

(1) In this section “discriminatory practice" means — [F139 or(2) A person acts in contravention of this section if and so long as—

(a)

he applies a discriminatory practice; or

(b)

he operates practices or other arrangements which in any circumstances would call for the application by him of a discriminatory practice.

(3) Proceedings in respect of a contravention of this section shall be brought only by the Commission in accordance with [F140 sections 20 to 24 of the Equality Act 2006] .

29.

Discriminatory advertisements.

— (1) It is unlawful to publish or to cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do an act of discrimination, whether the doing of that act by him would be lawful or, by virtue of Part II or III, unlawful.(2) Subsection (1) does not apply to an advertisement—

(a)

if the intended act would be lawful by virtue of any of sections 5, 6, 7(3) and (4), 10(3), 26, 34(2)(b), 35 to 39 and 41; or

(b)

if the advertisement relates to the services of an employment agency (within the meaning of section 14(1)) and the intended act only concerns employment which the employer could by virtue of section 5, 6 or 7(3) or (4) lawfully refuse to offer to persons against whom the advertisement indicates an intention to discriminate.

(3) Subsection (1) does not apply to an advertisement which indicates that persons of any class defined otherwise than by reference to colour, race or ethnic or national origins are required for employment outside Great Britain.(4) The publisher of an advertisement made unlawful by subsection (1) shall not be subject to any liability under that subsection in respect of the publication of the advertisement if he proves—

(a)

that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2) or (3), the publication would not be unlawful; and

(b)

that it was reasonable for him to rely on the statement.

(5) A person who knowingly or recklessly makes a statement such as is mentioned in subsection (4)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F141 level 5 on the standard scale]. [F142 (6) Proceedings in respect of a contravention of subsection (1) may be brought only—

(a)

by the Commission, and

(b)

in accordance with section 25 of the Equality Act 2006.]

30.

Instructions to [F143 commit unlawful acts].

[F144 (1)] It is unlawful for a person—to instruct him to do any act which is unlawful by virtue of Part II or III, [F145 section 76ZA or, where it renders an act unlawful on grounds of race or ethnic or national origins, section 76,] or procure or attempt to procure the doing by him of any such act. [F146 (2) Proceedings in respect of a contravention of subsection (1) may be brought only—

(a)

by the Commission, and

(b)

in accordance with section 25 of the Equality Act 2006.]

31.

Pressure to [F147 commit unlawful acts].

— (1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part II or III [F148 section 76ZA or, where it renders an act unlawful on grounds of race or ethnic or national origins, section 76] .(2) An attempted inducement is not prevented from falling within subsection (1) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it. [F149 (3) Proceedings in respect of a contravention of subsection (1) may be brought only—

(a)

by the Commission, and

(b)

in accordance with section 25 of the Equality Act 2006.]

32.

Liability of employers and principals.

— (1) Anything done by a person in the course of his employment shall be treated for the purposes of this Act (except as regards offences thereunder) as done by his employer as well as by him, whether or not it was done with the employer’s knowledge or approval.(2) Anything done by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of this Act (except as regards offences thereunder) as done by that other person as well as by him.(3) In proceedings brought under this Act against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his employment acts of that description.

33.

Aiding unlawful acts.

— (1) A person who knowingly aids another person to do an act made unlawful by this Act shall be treated for the purposes of this Act as himself doing an unlawful act of the like description.(2) For the purposes of subsection (1) an employee or agent for whose act the employer or principal is liable under section 32 (or would be so liable but for section 32(3)) shall be deemed to aid the doing of the act by the employer or principal.(3) A person does not under this section knowingly aid another to do an unlawful act if—

(a)

he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Act, the act which he aids would not be unlawful; and

(b)

it is reasonable for him to rely on the statement.

(4) A person who knowingly or recklessly makes a statement such as is mentioned in subsection (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F150 level 5 on the standard scale].

34.

Charities.

— (1) A provision which is contained in a charitable instrument (whenever that instrument took or takes effect) and which provides for conferring benefits on persons of a class defined by reference to colour shall have effect for all purposes as if it provided for conferring the like benefits—but nothing in this subsection shall be taken to alter the effect of any provision as regards any time before the coming into operation of this subsection.(2) Nothing in Parts II to IV shall—

(a)

be construed as affecting a provision to which this subsection applies; or

(b)

render unlawful an act which is done in order to give effect to such a provision.

(3) Subsection (2) applies to any provision which is contained in a charitable instrument (whenever that instrument took or takes effect) and which provides for conferring benefits on persons of a class defined otherwise than by reference to colour (including a class resulting from the operation of subsection (1)). [F151 (3A) subsection (2)(b) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of section 4 or 7.](4) In this section “charitable instrument" means an enactment or other instrument passed or made for charitable purposes, or an enactment or other instrument so far as it relates to charitable purposes, and in Scotland includes the governing instrument of an endowment or of an educational endowment as those expressions are defined in section 135(1) of the M5 Education (Scotland) Act 1962.In the application of this section to England and Wales, “charitable purposes" means purposes which are exclusively charitable according to the law of England and Wales.

35.

Special needs of racial groups in regard to education, training or welfare.

—Nothing in Parts II to IV shall render unlawful any act done in affording persons of a particular racial group access to facilities or services to meet the special needs of persons of that group in regard to their education, training or welfare, or any ancillary benefits.

36.

Provision of education or training for persons not ordinarily resident in Great Britain.

—Nothing in Parts II to IV shall render unlawful any act done by a person [F152 , on grounds other than race or ethnic or national origins,] for the benefit of persons not ordinarily resident in Great Britain in affording them access to facilities for education or training or any ancillary benefits, where it appears to him that the persons in question do not intend to remain in Great Britain after their period of education or training there.

37.

Discriminatory training by certain bodies.

— (1) Nothing in Parts II to IV shall render unlawful any act done in relation to particular work by [F153 any person] in or in connection with—where [F153 it reasonably appears to that person] that at any time within the twelve months immediately preceding the doing of the act—(i) there were no persons of that group among those doing that work in Great Britain; or(ii) the proportion of persons of that group among those doing that work in Great Britain was small in comparison with the proportion of persons of that group among the population of Great Britain.(2) Where in relation to particular work [F154 it reasonably appears to any person] that although the condition for the operation of subsection (1) is not met for the whole of Great Britain it is met for an area within Great Britain, nothing in Parts II to IV shall render unlawful any act done by [F154 that person] in or in connection with—

(a)

affording persons who are of the racial group in question, and who appear likely to take up that work in that area, access to facilities for training which would help to fit them for that work; or

(b)

encouraging persons of that group to take advantage of opportunities in the area for doing that work.

[F155 (3) The preceding provisions of this section shall not apply to any discrimination which is rendered unlawful by section 4(1) or (2).]

38.

Other discriminatory training etc.

— (1) Nothing in Parts II to IV shall render unlawful any act done by an employer in relation to particular work in his employment at a particular establishment in Great Britain, being an act done in or in connection with—where any of the conditions in subsection (2) was satisfied at any time within the twelve months immediately preceding the doing of the act.(2) Those conditions are—

(a)

that there are no persons of the racial group in question among those doing that work at that establishment; or

(b)

that the proportion of persons of that group among those doing that work at that establishment is small in comparison with the proportion of persons of that group—

(i) among all those employed by that employer there; or

(ii) among the population of the area from which that employer normally recruits persons for work in his employment at that establishment.

(3) Nothing in section 11 shall render unlawful any act done by an organisation to which that section applies in or in connection with—

(a)

affording only members of the organisation who are of a particular racial group access to facilities for training which would help to fit them for holding a post of any kind in the organisation; or

(b)

encouraging only members of the organisation who are of a particular racial group to take advantage of opportunities for holding such posts in the organisation,

where either of the conditions in subsection (4) was satisfied at any time within the twelve months immediately preceding the doing of the act.(4) Those conditions are—

(a)

that there are no persons of the racial group in question among persons holding such posts in that organisation; or

(b)

that the proportion of persons of that group among those holding such posts in that organisation is small in comparison with the proportion of persons of that group among the members of the organisation.

(5) Nothing in Parts II to IV shall render unlawful any act done by an organisation to which section 11 applies in or in connection with encouraging only persons of a particular racial group to become members of the organisation where at any time within the twelve months immediately preceding the doing of the act—

(a)

no persons of that group were members of the organisation; or

(b)

the proportion of persons of that group among members of the organisation was small in comparison with the proportion of persons of that group among those eligible for membership of the organisation.

(6) Section 8 (meaning of employment at establishment in Great Britain) shall apply for the purposes of this section as if this section were contained in Part II.

39.

Sports and competitions.

—Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other’s nationality or place of birth or the length of time for which he has been resident in a particular area or place, if the act is done—

40.

Indirect access to benefits etc.

— (1) References in this Act to the affording by any person of access to benefits, facilities or services are not limited to benefits, facilities or services provided by that person himself, but include any means by which it is in that person’s power to facilitate access to benefits, facilities or services provided by any other person (the “actual provider").(2) Where by any provision of this Act the affording by any person of access to benefits, facilities or services in a discriminatory way is in certain circumstances prevented from being unlawful, the effect of the provision shall extend also to the liability under this Act of any actual provider.

41.

Acts done under statutory authority etc.

— (1) Nothing in Parts II to IV shall render unlawful any act of discrimination done—References in this [F156 section] to an enactment, Order in Council or instrument include an enactment, Order in Council or instrument passed or made after the passing of this Act. [F157 (1A) Subsection (1) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of a provision referred to in section 1(1B).](2) Nothing in Parts II to IV shall render unlawful any act whereby a person discriminates against another on the basis of that other’s nationality or place of ordinary residence or the length of time for which he has been present or resident in or outside the United Kingdom or an area within the United Kingdom, if that act is done—

[F158 (a)

in pursuance of any enactment or Order in Council; or

(b)

in pursuance of any instrument made under any enactment by a Minister of the Crown; or

(c)

in order to comply with any requirement imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment; or

(d)

in pursuance of any arrangements made (whether before or after the passing of this Act) by or with the approval of, or for the time being approved by, a Minister of the Crown; or

(e)

in order to comply with any condition imposed (whether before or after the passing of this Act) by a Minister of the Crown]

42.

Acts safeguarding national security.

—Nothing in Parts II to IV shall render unlawful an act done for the purpose of safeguarding national security [F159 if the doing of the act was justified by that purpose].

53.

Restriction of proceedings for breach of Act.

— (1) Except as provided by this Act [F161 or the M6 Special Immigration Appeals Commission Act 1997 or [F162 Part 5 of the Nationality, Immigration and Asylum Act 2002]] no proceedings, whether civil or criminal, shall lie against any person in respect of an act by reason that the act is unlawful by virtue of a provision of this Act.(2) Subsection (1) does not preclude the making of an order of certiorari, mandamus or prohibition.(3) In Scotland, subsection (1) does not preclude the exercise of the jurisdiction of the Court of Session to entertain an application for reduction or suspension of any order or determination or otherwise to consider the validity of any order or determination, or to require reasons for any order or determination to be stated. [F163 (4) Subsections (2) and (3) do not, except so far as provided by section 76, apply to any act which is unlawful by virtue of section 76(5) or (9) or by virtue of section 76(10)(b) [F164 , (11) and (11B)] .]

54.

Jurisdiction of [F166 employment tribunals].

— (1) A complaint by any person ( “the complainant") that another person ( “the respondent")—may be presented to an [F169 employment tribunal].(2) Subsection (1) does not apply to a complaint under section 12(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment, F170 . . ..

F172

55. — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56.

Remedies on complaint under s. 54.

— (1) Where an [F173 employment tribunal] finds that a complaint presented to it under section 54 is well-founded, the tribunal shall make such of the following as it considers just and equitable— F174 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an [F173 employment tribunal] under subsection (1)(c), then, if it thinks it just and equitable to do so—

(a)

the tribunal may F176 . . . increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under subsection (1)(b); or

(b)

if an order under subsection (1)(b) could have been made but was not, the tribunal may make such an order.

[F177 (5) The [F178 Minister] may by regulations make provision—

(a)

for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (1)(b), to include in the award interest on that amount; and

(b)

specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined;

and the regulations may contain such incidental and supplementary provisions as the [F178 Minister] considers appropriate.(6) The [F178 Minister] may by regulations modify the operation of any order made under [F179 section 14 of the [F180 Employment Tribunals Act 1996]] (power to make provision as to interest on sums payable in pursuance of [F173 employment tribunal] decisions) to the extent that it relates to an award of compensation under subsection (1)(b).]

57.

Claims under Part III [F182 etc.].

— (1) A claim by any person ( “the claimant") that another person ( “the respondent")—may be made the subject of civil proceedings in like manner as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.(2) Proceedings under subsection (1)—

(a)

shall, in England and Wales, be brought only in a designated county court; and

(b)

shall, in Scotland, be brought only in a sheriff court;

but all such remedies shall be obtainable in such proceedings as, apart from this subsection and section 53(1), would be obtainable in the High Court or the Court of Session, as the case may be.(3) As respects an unlawful act of discrimination falling within section 1(1)(b), no award of damages shall be made if the respondent proves that the requirement or condition in question was not applied with the intention of treating the claimant unfavourably on racial grounds.(4) For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act of discrimination may include compensation for injury to feelings whether or not they include compensation under any other head. [F185 (4A) As respects an act which is done, or by virtue of section 32 or 33 is treated as done, by a person in carrying out public investigator functions or functions as a public prosecutor and which is unlawful by virtue of section 19B, no remedy other than—

(a)

damages; or

(b)

a declaration or, in Scotland, a declarator;

shall be obtainable unless the court is satisfied that the remedy concerned would not prejudice a criminal investigation, a decision to institute criminal proceedings or any criminal proceedings.(4B) In this section—

“criminal investigation" means—

(a) any investigation which a person in carrying out functions to which section 19B applies has a duty to conduct with a view to it being ascertained whether a person should be charged with, or in Scotland prosecuted for, an offence, or whether a person charged with or prosecuted for an offence is guilty of it;

(b) any investigation which is conducted by a person in carrying out functions to which section 19B applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct; or

(c) any investigation which is conducted by a person in carrying out functions to which section 19B applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted; and

“public investigator functions" means functions of conducting criminal investigations or charging offenders;

and in this subsection “offence" includes any offence under the M7 Army Act 1955, the M8 Air Force Act 1955 or the M9 Naval Discipline Act 1957 (and “offender" shall be construed accordingly).(4C) Subsection (4D) applies where a party to proceedings under subsection (1) which have arisen by virtue of section 19B has applied for a stay or sist of those proceedings on the grounds of prejudice to—

(a)

particular criminal proceedings;

(b)

a criminal investigation; or

(c)

a decision to institute criminal proceedings.

(4D) The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under subsection (1) would not result in the prejudice alleged.] (5) Civil proceedings in respect of a claim by any person that he has been discriminated against in contravention of section 17 or 18 by a body to which [F186 subsection (5A)] applies shall not be instituted unless the claimant has given notice of the claim to the Secretary of State F187 . . .. [F188 (5A) This subsection applies to—

(a)

local education authorities in England and Wales;

(b)

education authorities in Scotland; and

(c)

any body which is a responsible body in relation to an establishment falling within paragraph 3, 3B or 7B of the table in section 17.]

(6) In Scotland, when any proceedings are brought under this section, in addition to the service on the defender of a copy of the summons or initial writ initiating the action a copy thereof shall be sent as soon as practicable to the Commission in a manner to be prescribed by Act of Sederunt. [F189 (7) This section has effect subject to section 57A.]