Overriding of provisions requiring discrimination as respects employment or training

1 Overriding of statutory requirements which conflict with certain provisions of 1975 Act

(1) Any provision of—

(a) an Act passed before the [1975 c. 65.] Sex Discrimination Act 1975, or

(b) an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act),

shall be of no effect in so far as it imposes a requirement to do an act which would be rendered unlawful by any of the provisions of that Act referred to in subsection (2).

(2) Those provisions are—

(a) Part II (discrimination as respects employment);

(b) Part III (discrimination as respects education etc.) so far as it applies to vocational training; and

(c) Part IV (other unlawful acts) so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b) above.

(3) Where in any legal proceedings (of whatever nature) there falls to be determined the question whether subsection (1) operates to negative the effect of any provision in so far as it requires the application by any person of a requirement or condition falling within subsection (1)(b)(i) of section 1 or 3 of the 1975 Act (indirect discrimination on grounds of sex or marital status)—

(a) it shall be for any party to the proceedings who claims that subsection (1) does not so operate in relation to that provision to show the requirement or condition in question to be justifiable as mentioned in subsection (1)(b)(ii) of that section; and

(b) the said subsection (1)(b)(ii) shall accordingly have effect in relation to the requirement or condition as if the reference to the person applying it were a reference to any such party to the proceedings.

(4) Where an Act passed after the 1975 Act, whether before or after the passing of this Act, re-enacts (with or without modification) a provision of an Act passed before the 1975 Act, that provision as re-enacted shall be treated for the purposes of subsection (1) as if it continued to be contained in an Act passed before the 1975 Act.

2 Power of Secretary of State to repeal statutory provisions requiring discrimination as respects employment or training

(1) Where it appears to the Secretary of State that a relevant provision, namely any provision of—

(a) an Act passed before this Act, or

(b) an instrument approved or made by or under such an Act (including one approved or made after the passing of this Act),

requires the doing of an act which would (within the meaning of the 1975 Act) constitute an act of discrimination in circumstances relevant for the purposes of any of the provisions of that Act falling within section 1(2) above, he may by order make such provision (whether by amending, repealing or revoking the relevant provision or otherwise) as he considers appropriate for removing any such requirement.

(2) Subsection (1) shall have effect in relation to a provision to which section 1(1) above applies as if the reference to a relevant provision requiring the doing of an act were a reference to its so requiring but for the operation of section 1(1).

(3) Any order under this section which makes any amendment, repeal or revocation of a relevant provision within the meaning of subsection (1) may (without prejudice to the generality of section 28(5) below) amend or repeal any provision of this Act by virtue of which acts done in pursuance of the relevant provision are not to be unlawful for the purposes of provisions of the 1975 Act.

(4) Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed before this Act, that provision as re-enacted shall be treated for the purposes of subsection (1) as if it continued to be contained in an Act passed before this Act.

Circumstances where discrimination as respects employment or training is permissible

3 Restriction of exemption for discrimination required by or under statute

(1) The 1975 Act shall be amended as follows.

(2) Section 7(2)(f) (exception for jobs held by men because of statutory restrictions on employment of women) shall be omitted.

(3) The following sections shall be substituted for section 51—

“51 Acts done for purposes of protection of women

(1) Nothing in the following provisions, namely—

(a) Part II,

(b) Part III so far as it applies to vocational training, or

(c) Part IV so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b),

shall render unlawful any act done by a person in relation to a woman if—

(i) it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision concerning the protection of women, or

(ii) it was necessary for that person to do it in order to comply with a requirement of a relevant statutory provision (within the meaning of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974) and it was done by that person for the purpose of the protection of the woman in question (or of any class of women that included that woman).

(2) In subsection (1)—

(a) the reference in paragraph (i) of that subsection to an existing statutory provision concerning the protection of women is a reference to any such provision having effect for the purpose of protecting women as regards—

(i) pregnancy or maternity, or

(ii) other circumstances giving rise to risks specifically affecting women,

whether the provision relates only to such protection or to the protection of any other class of persons as well; and

(b) the reference in paragraph (ii) of that subsection to the protection of a particular woman or class of women is a reference to the protection of that woman or those women as regards any circumstances falling within paragraph (a)(i) or (ii) above.

(3) In this section “existing statutory provision” means (subject to subsection (4)) any provision of—

(a) an Act passed before this Act, or

(b) an instrument approved or made by or under such an Act (including one approved or made after the passing of this Act).

(4) Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed before this Act, that provision as re-enacted shall be treated for the purposes of subsection (3) as if it continued to be contained in an Act passed before this Act.

51A Acts done under statutory authority to be exempt from certain provisions of Part III

(1) Nothing in—

(a) the relevant provisions of Part III, or

(b) Part IV so far as it has effect in relation to those provisions,shall render unlawful any act done by a person if it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision within the meaning of section 51.

(2) In subsection (1) “the relevant provisions of Part III” means the provisions of that Part except so far as they apply to vocational training.”

(4) The following section shall be inserted after section 52—

“52A Construction of references to vocational training

In the following provisions, namely—

(a) sections 51 and 51A, and

(b) the provisions of any Order in Council modifying the effect of section 52,

“vocational training” includes advanced vocational training and retraining; and any reference to vocational training in those provisions shall be construed as including a reference to vocational guidance.”

4 Exemption for discrimination under certain provisions concerned with the protection of women at work

(1) Without prejudice to the operation of section 51 of the 1975 Act (as substituted by section 3(3) above), nothing in—

(a) Part II of that Act,

(b) Part III of that Act so far as it applies to vocational training, or

(c) Part IV of that Act so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b) above,

shall render unlawful any act done by a person in relation to a woman if it was necessary for that person to do that act in order to comply with any requirement of any of the provisions specified in Schedule 1 to this Act (which are concerned with the protection of women at work).

(2) Each of the last two entries in that Schedule shall be construed as including a reference to any provision or provisions for the time being having effect in place of the provision or provisions specified in that entry.

(3) In this section “woman” means a female person of any age.

5 Exemption for discrimination in connection with certain educational appointments

(1) Nothing in Parts II to IV of the 1975 Act shall render unlawful any act done by a person in connection with the employment of another person as the head teacher or principal of any educational establishment if it was necessary for that person to do that act in order to comply with any requirement of any instrument relating to the establishment that its head teacher or principal should be a member of a particular religious order.

(2) Nothing in—

(a) Part II of the 1975 Act, or

(b) Part IV of that Act so far as it has effect in relation to Part II,

shall render unlawful any act done by a person in connection with the employment of another person as a professor in any university if the professorship in question is, in accordance with any Act or instrument relating to the university, either a canon professorship or one to which a canonry is annexed.

(3) Nothing in the provisions of the 1975 Act referred to in subsection (2)(a) or (b) shall render unlawful any act done by a person in connection with the employment of another person as the head, a fellow or any other member of the academic staff of any college, or institution in the nature of a college, in a university if it was necessary for that person to do that act in order to comply with any requirement of any instrument relating to the college or institution that the holder of the position in question should be a woman.

(4) Subsection (3) shall not apply in relation to instruments taking effect after the commencement of that subsection; and section 6(b) of the [1978 c. 30.] Interpretation Act 1978 (words importing the feminine gender to include the masculine) shall not apply to that subsection.

(5) The Secretary of State may by order provide that any provision of subsections (1) to (3) shall not have effect in relation to—

(a) any educational establishment or university specified in the order; or

(b) any class or description of educational establishments so specified.

(6) In this section “educational establishment” means—

(a) any school within the meaning of the [1944 c. 3l.] Education Act 1944 or the [1980 c. 44.] Education (Scotland) Act 1980;

(b) any college, or institution in the nature of a college, in a university; or

(c) any institution to which section 156 of the [1988 c. 40.] Education Reform Act 1988 applies (further and higher education institutions) or any constituent institution of an institution to which that section applies.

(7) Nothing in this section shall be construed as prejudicing the operation of section 19 of the 1975 Act (exemption for discrimination in relation to employment of ministers of religion).

6 Power of Secretary of State to exempt particular acts of discrimination required by or under statute

(1) The Secretary of State may by order make such provision as he considers appropriate—

(a) for disapplying subsection (1) of section 1 above in the case of any provision to which it appears to him that that subsection would otherwise apply;

(b) for rendering lawful under any of the provisions of the 1975 Act falling within section 1(2) above acts done in order to comply with any requirement—

(i) of a provision whose effect is preserved by virtue of paragraph (a) above, or

(ii) of an instrument approved or made by or under an Act passed after the 1975 Act but before this Act (including one approved or made after the passing of this Act).

(2) Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed as mentioned in sub-paragraph (ii) of subsection (1)(b), that provision as re-enacted shall be treated for the purposes of that sub-paragraph as if it continued to be contained in an Act passed as mentioned in that sub-paragraph.

Discrimination as respects training

7 Prohibition of discrimination in connection with provision of training

(1) The following section shall be substituted for section 14 of the 1975 Act—

“14 Persons concerned with provision of vocational training

(1) It is unlawful, in the case of a woman seeking or undergoing training which would help fit her for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against her—

(a) in the terms on which that person affords her access to any training course or other facilities concerned with such training, or

(b) by refusing or deliberately omitting to afford her such access, or

(c) by terminating her training, or

(d) by subjecting her to any detriment during the course of her training.

(2) Subsection (1) does not apply to—

(a) discrimination which is rendered unlawful by section 6(1) or (2) or section 22 or 23, or

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

(2) The following section shall be substituted for section 13 of the [1976 c. 74.] Race Relations Act 1976—

“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—

(a) in the terms on which that person affords him access to any training course or other facilities concerned with such training; or

(b) by refusing or deliberately omitting to afford him such access; or

(c) by terminating his training; or

(d) by subjecting him to any detriment during the course of his training.

(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.”

(3) In section 37 of the [1976 c. 74.] Race Relations Act 1976 (discriminatory training by certain bodies)—

(a) in subsection (1), for “a training body” and “it appears to the training body” there shall be substituted “any person” and “it reasonably appears to that person” respectively;

(b) in subsection (2), for “it appears to a training body” and “the training body” there shall be substituted “it reasonably appears to any person” and “that person” respectively; and

(c) the following subsection shall be substituted for subsection (3)—

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

8 Power to exempt discrimination in favour of lone parents in connection with training

(1) The Secretary of State may by order provide with respect to—

(a) any specified arrangements made under section 2 of the [1973 c. 50.] Employment and Training Act 1973 (functions of the Secretary of State as respects employment and training), or

(b) any specified class or description of training for employment provided otherwise than in pursuance of that section, or

(c) any specified scheme set up under section 1 of the [1978 c. 6.] Employment Subsidies Act 1978 (schemes for financing employment),

that this section shall apply to such special treatment afforded to or in respect of lone parents in connection with their participation in those arrangements, or in that training or scheme, as is specified or referred to in the order.

(2) Where this section applies to any treatment afforded to or in respect of lone parents, neither the treatment so afforded nor any act done in the implementation of any such treatment shall be regarded for the purposes of the 1975 Act as giving rise to any discrimination falling within section 3 of that Act (discrimination against married persons for purposes of Part II of that Act).

(3) An order under subsection (1) above may specify or refer to special treatment afforded as mentioned in that subsection—

(a) whether it is afforded by the making of any payment or by the fixing of special conditions for participation in the arrangements, training or scheme in question, or otherwise, and

(b) whether it is afforded by the Secretary of State or by some other person;

and, without prejudice to the generality of paragraph (b) of that subsection, any class or description of training for employment specified in such an order by virtue of that paragraph may be framed by reference to the person, or the class or description of persons, by whom the training is provided.

(4) In this section—

(a) “employment” and “training” have the same meaning as in the [1973 c. 50.] Employment and Training Act 1973; and

(b) “lone parent” has the same meaning as it has for the purposes of any regulations made in pursuance of section 20(1)(a) of the [1986 c. 50.] Social Security Act 1986 (income support).

Removal of restrictions and other requirements relating to employment

9 Repeal or modification of provisions requiring different treatment of different categories of employees

(1) In sections 42(1), 43 and 44 of the [1954 c. 70.] Mines and Quarries Act 1954 (under which winding and rope haulage apparatus and conveyors are to be operated by or under the supervision of competent male persons who have attained the ages there specified), the word “male” shall be omitted wherever occurring.

(2) In section 93 of that Act (prohibition on heavy work by any woman or young person), the words “woman or young” shall be omitted in both places where they occur.

(3) Section 124(1) of that Act (prohibition on employment of woman in job requiring a significant proportion of the employee’s time to be spent underground) shall cease to have effect.

(4) In section 20 of the [1961 c. 34.] Factories Act 1961 (prohibition on cleaning of machinery by any woman or young person), the words “woman or” shall be omitted in both places where they occur.

(5) In section 17 of the [1963 c. 41.] Offices, Shops and Railway Premises Act 1963 (fencing of exposed parts of machinery)—

(a) subsection (3),

(b) in subsection (4), the words from “, except when any” onwards, and

(c) subsection (5),

shall cease to have effect.

(6) In Schedule 2 to this Act—

(a) the provisions of subordinate legislation listed in Part I (which require different treatment of different categories of employees) shall cease to have effect; and

(b) the provisions of such legislation mentioned in Part II shall have effect subject to the amendments there specified (which assimilate the treatment of different categories of employees).