Office of Public Sector Information
F1S. 70 repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(3), Sch. 3
(1)Every body or other person specified in Schedule 1A or of a description falling within that Schedule shall, in carrying out its functions, have due regard to the need—
(a)to eliminate unlawful racial discrimination; and
(b)to promote equality of opportunity and good relations between persons of different racial groups.
(2)The [F2Minister] may by order impose, on such persons falling within Schedule 1A as he considers appropriate, such duties as he considers appropriate for the purpose of ensuring the better performance by those persons of their duties under subsection (1).
(3)An order under subsection (2)—
(a)may be made in relation to a particular person falling within Schedule 1A, any description of persons falling within that Schedule or every person falling within that Schedule;
(b)may make different provision for different purposes.
(4)Before making an order under subsection (2), the F2Minister shall consult the Commission.
(5)The F2Minister may by order amend Schedule 1A; but no such order may extend the application of this section unless the F2Minister considers that the extension relates to a person who exercises functions of a public nature.
(6)An order under subsection (2) or (5) may contain such incidental, supplementary or consequential provision as the F2Minister considers appropriate (including provision amending or repealing provision made by or under this Act or any other enactment).
(7)This section is subject to section 71A and 71B and is without prejudice to the obligation of any person to comply with any other provision of this Act.
F1Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F2Words in s. 71(2)(4)-(6) substituted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 10(d)
(1)In relation to the carrying out of immigration and nationality functions F2. . ., section 71(1)(b) has effect with the omission of the words “equality of opportunity and".
[F3(1A)In subsection (1) “immigration and nationality functions" means functions exercisable by virtue of—
(a)the Immigration Acts (within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002) excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to offences under Part III of that Act;
(b)the British Nationality Act 1981;
(c)the British Nationality (Falkland Islands) Act 1983 (c. 6);
(d)the British Nationality (Hong Kong) Act 1990 (c. 34);
(e)the Hong Kong (War Wives and Widows) Act 1996 (c. 41);
(f)the British Nationality (Hong Kong) Act 1997 (c. 20);
(g)the Special Immigration Appeals Commission Act 1997 (c. 68);
(h)provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to the subject matter of an enactment within any of paragraphs (a) to (g); or
(i)any provision of Community law which relates to the subject matter of an enactment within any of those paragraphs.]
(2)Where an entry in Schedule 1A is limited to a person in a particular capacity, section 71(1) does not apply to that person in any other capacity.
(3)Where an entry in Schedule 1A is limited to particular functions of a person, section 71(1) does not apply to that person in relation to any other functions.
F1Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F2Words in s. 71A(1) omitted (7.11.2002) by virtue of 2002 c. 41, s. 6(5)(a) and repealed (1.4.2003) by 2002 c. 41, ss. 161, 162(2), Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch.
F3S. 71A(1A) inserted (7.11.2002) by 2002 c. 41, s. 6(5)(b) (with s. 159)
(1)For the purposes of the M1Scotland Act 1998, subsections (2) to (4) of section 71 (and sections 71(6) and 74 so far as they apply to the power conferred by subsection (2) of section 71) shall be taken to be pre-commencement enactments within the meaning of that Act.
(2)Before making an order under section 71(2) in relation to functions exercisable in relation to Wales by a person who is not a Welsh public authority, the [F2Minister] shall consult the [F3Welsh Ministers] .
(3)The [F2Minister shall not make an order under section 71(2) in relation to functions of a Welsh public authority except with the consent of the [F4Welsh Ministers] .
(4)In this section “Welsh public authority" means any person whose functions are exercisable only in relation to Wales and [F5 includes—
(a)the National Assembly for Wales Commission;
(b)the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government.]
F1Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F2Words in s. 71B(2)(3) substituted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 10(e)
F3Words in s. 71B(2) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(2)
F4Words in s. 71B(3) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(3)
F5Words in s. 71B(4) substituted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 12(4)
M11998 c. 46.
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F1Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F2S. 71C repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 30, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
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F1Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F2S. 71D repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 31, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
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F1Ss. 71-71E substituted for s. 71 (2.4.2001) by 2000 c. 34, s. 2(1) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F2S. 71E repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 31, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
(1)A term of a contract is void where—
(a)its inclusion renders the making of the contract unlawful by virtue of this Act; or
(b)it is included in furtherance of an act rendered unlawful by this Act; or
(c)it provides for the doing of an act which would be rendered unlawful by this Act.
(2)Subsection (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against [F1or harassment of,] a party to the contract, but the term shall be unenforceable against that party.
(3)A term in a contract which purports to exclude or limit any provision of this Act is unenforceable by any person in whose favour the term would operate apart from this subsection.
(4)Subsection (3) does not apply—
(a)to a contract settling a complaint to which section 54(1) applies where the contract is made with the assistance of a conciliation officer; or
[F2(aa)to a contract settling a complaint to which section 54(1) applies if the conditions regulating compromise contracts under this Act are satisfied in relation to the contract;]
(b)to a contract settling a claim to which section 57 applies.
[F3(4A)The conditions regulating compromise contracts under this Act are that—
(a)the contract must be in writing;
(b)the contract must relate to the particular complaint;
(c)the complainant must have received [F4advice from a relevant independent advisor] as to the terms and effect of the proposed contract and in particular its effect on his ability to pursue his complaint before an [F5employment tribunal];
(d)there must be in force, when the adviser gives the advice, a [F6contract of insurance, or an indemnity provided for members of a profession or professional body,] covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;
(e)the contract must identify the adviser; and
(f)the contract must state that the conditions regulating compromise contracts under this Act are satisfied.
[F7(4B)A person is a relevant independent adviser for the purposes of subsection (4A)(c)—
(a)if he is a qualified lawyer,
(b)if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
(c)if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
(d)if he is a person of a description specified in an order made by the [F8Minister] .
(4BA)But a person is not a relevant independent adviser for the purposes of subsection (4A)(c) in relation to the complainant—
(a)if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,
(b)in the case of a person within subsection (4B)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,
(c)in the case of a person within subsection (4B)(c), if the complainant makes a payment for the advice received from him, or
(d)in the case of a person of a description specified in an order under subsection (4B)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
(4BB)In subsection (4B)(a) “qualified lawyer" means—
(a)as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the M1Courts and Legal Services Act 1990), and
(b)as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
(4BC)In subsection (4B)(b) “independent trade union" has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992.
(4C)For the purposes of subsection (4BA) any two persons are to be treated as connected—
(a)if one is a company of which the other (directly or indirectly) has control, or
(b)if both are companies of which a third person (directly or indirectly) has control.]]
[F9(4D)An agreement under which the parties agree to submit a dispute to arbitration—
(a)shall be regarded for the purposes of subsection (4)(a) and (aa) as being a contract settling a complaint if—
(i)the dispute is covered by a scheme having effect by virtue of an order under section 212A of the M2Trade Union and Labour Relations (Consolidation) Act 1992, and
(ii)the agreement is to submit it to arbitration in accordance with the scheme, but
(b)shall be regarded for those purposes as neither being nor including such a contract in any other case.]
(5)On the application of any person interested in a contract to which subsection (2) applies, a designated county court or a sheriff court may make such order as it thinks just for removing or modifying any term made unenforceable by that subsection; but such an order shall not be made unless all persons affected have been given notice of the application (except where under rules of court notice may be dispensed with) and have been afforded an opportunity to make representations to the court.
(6)An order under subsection (5) may include provision as respects any period before the making of the order.
F1Words in s. 72(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 48
F2S. 72(4)(aa) inserted (30.8.1993) by 1993 c. 19, s. 39(2), Sch. 6 para. 2(a); S.I. 1993/1908, art. 2(1), Sch. 1.
F3S. 72(4A)-(4C) inserted (30.8.1993) by 1993 c. 19, s. 39(2), Sch. 6 para. 2(b); S.I. 1993/1908, art. 2(1), Sch. 1.
F4Words in s. 72(4A)(c) substituted (1.8.1998) by 1998 c. 8, ss. 9(1)(2)(b); S.I. 1998/1658, art. 2, Sch. 1
F5Words in s. 72(4A)(c) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F6Words in s. 72(4A)(d) substituted (1.8.1998) by 1998 c. 8, s. 10(1)(2)(b); S.I. 1998/1658, art. 2, Sch. 1
F7S. 72(4B)-(4C) substituted for s. 72(4B)(4C) (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 3; S.I. 1998/1658, art. 2(1), Sch. 1
F8Word in s. 72(4B) substituted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 10(f)
F9S. 72(4D) inserted (1.8.1998) by 1998 c. 8, s. 8(2); S.I. 1998/1658, art. 2(1), Sch. 1
M11990 c. 41.
M21992 c. 52.
(1)This section applies to—
(a)any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract;
(b)any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment;
(c)any rule made by an organisation to which section 11 (trade organisations) applies, or by a body to which section 12 (qualifying bodies) applies, for application to—
(i)all or any of its members or prospective members; or
(ii)all or any of the persons on whom it has conferred authorisations or qualifications or who are seeking the authorisations or qualifications which it has power to confer.
(2)Any term or rule to which this section applies is void where—
(a)the making of the collective agreement is, by reason of the inclusion of the term, unlawful on grounds of race or ethnic or national origins, by virtue of a provision referred to in section 1(1B);
(b)the term or rule is included or made in furtherance of an act which is unlawful on such grounds by virtue of such a provision; or
(c)the term or rule provides for the doing of such an act.
(3)Subsection (2) applies whether the agreement was entered into, or the rule made, before, on or after 19th July 2003; but in the case of an agreement entered into, or a rule made, before that date, that subsection does not apply in relation to any period before that date.
(4)In this section, and in section 72B, “collective agreement” means any agreement relating to one or more of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 M1 (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations.
F1Ss. 72A, 72B inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 49
M11992 c. 52
(1)A person to whom this subsection applies may present a complaint to an employment tribunal that a term or rule is void by virtue of section 72A if he has reason to believe—
(a)that the term or rule may at some future time have effect in relation to him; and
(b)where he alleges that it is void by virtue of section 72A(2)(c), that—
(i)an act for the doing of which it provides may at some such time be done in relation to him, and
(ii)the act would be rendered unlawful on grounds of race or ethnic or national origins by a provision referred to in section 1(1B) if done in relation to him in present circumstances.
(2)In the case of a complaint about—
(a)a term of a collective agreement made by or on behalf of—
(i)an employer;
(ii)an organisation of employers of which an employer is a member; or
(iii)an association of such organisations of one of which an employer is a member; or
(b)a rule made by an employer, within the meaning of section 72A(1)(b);
subsection (1) applies to any person who is, or is genuinely and actively seeking to become, one of his employees.
(3)In the case of a complaint about a rule made by an organisation or body to which section 72A(1)(c) applies, subsection (1) applies to any person—
(a)who is, or is genuinely and actively seeking to become, a member of the organisation or body;
(b)on whom the organisation or body has conferred an authorisation or qualification; or
(c)who is genuinely and actively seeking an authorisation or qualification which the organisation or body has power to confer.
(4)When an employment tribunal finds that a complaint presented to it under subsection (1) is well-founded the tribunal shall make an order declaring that the term or rule is void.
(5)An order under subsection (4) may include provision as respects any period before the making of the order (but after 19th July 2003).
(6)The avoidance by virtue of section 72 A(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself) namely—
(a)such of the rights of the person to be discriminated against, and
(b)such of the rights of any person who will be treated more favourably in direct or indirect consequence of the discrimination,
as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule.]
(1)The [F1Minister] may by an order the draft of which has been approved by each House of Parliament—
(a)amend or repeal section 9 (including that section as amended by a previous order under this subsection);
(b)amend Part II, III or IV so as to render lawful an act which, apart from the amendment, would be unlawful by reason of section 4(1) or (2), [F219B,] 20(1), 21, 24 or 25;
(c)amend section 10(1) or 25(1)(a) so as to alter the number of partners or members specified in that provision.
(2)The [F1Minister shall not lay before Parliament the draft of an order under subsection (1) unless he has consulted the Commission about the contents of the draft.
Race Relations Act 1976