Office of Public Sector Information

(7)This section applies to any office or post, other than a political office or post, where—

(a)sections 4, 7, 10, 26A, 26B and 76 do not apply in relation to appointment to that office or post;

(b)it is an office or post to which persons are appointed to discharge functions personally under the direction of another person; and

(c)it is an office or post in respect of which they are entitled to remuneration.

(8)For the purposes of subsection (7) the holder of an office or post—

(a)is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions; and

(b)is not to be regarded as entitled to remuneration merely because he is entitled to payments—

(i)in respect of expenses incurred by him in carrying out the functions of the office or post, or

(ii)by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.

(9)In this section—

(a)appointment to an office or post does not include election to an office or post;

(b) “political office or post” means—

(i)any office of the House of Commons held by a member of it;

(ii)a life peerage within the meaning of the Life Peerages Act 1958 M1, or any office held in the House of Lords by a member of it;

(iii)any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975 M2;

(iv)the offices of Leader of the Opposition, Chief Opposition Whip or Assistant Opposition Whip within the meaning of the Ministerial and other Salaries Act 1975 M3;

(v)any office of the Scottish Parliament held by a member of it;

(vi)a member of the Scottish Executive within the meaning of section 44 of the Scotland Act 1998 M4, or a junior Scottish Minister within the meaning of section 49 of that Act;

(vii)any office of the National Assembly for Wales held by a member of it;

[F2(viia)a member of the Welsh Assembly Government;]

(viii)in England, any office of a county council, a London borough council, a district council or a parish council held by a member of it;

(ix)in Wales, any office of a county council, a county borough council or a community council held by a member of it;

(x)in relation to a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 M5 or a community council established under section 51 of the Local Government (Scotland) Act 1973 M6, which is held by a member of it;

(xi)any office of the Greater London Authority held by a member of it;

(xii)any office of the Common Council of the City of London held by a member of it;

(xiii)any office of the Council of the Isles of Scilly held by a member of it; or

(xiv)any office of a political party; and

(c) “relevant person”, in relation to an office or post, means—

(i)any person with power to make or terminate appointments to the office or post, or to determine the terms of appointment; and

(ii)any person with power to determine the working conditions of a person appointed to the office or post in relation to opportunities for promotion, a transfer, training or for receiving any other benefit.]

[F1 Police

F176A Police forces

(1)In this section, “relevant police office" means—

(a)the office of constable held—

(i)as a member of a police force; or

(ii)on appointment as a special constable for a police area; or

(b)an appointment as police cadet to undergo training with a view to becoming a member of a police force.

(2)For the purposes of Part II, the holding of a relevant police office shall be treated as employment—

(a)by the chief officer of police as respects any act done by him in relation to that office or a holder of it;

(b)by the police authority as respects any act done by it in relation to that office or a holder of it.

(3)For the purposes of section 32—

(a)the holding of a relevant police office shall be treated as employment by the chief officer of police (and as not being employment by any other person); and

(b)anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(4)There shall be paid out of the police fund—

(a)any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under this Act, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)any sum required by a chief officer of police for the settlement of any claim made against him under this Act if the settlement is approved by the police authority.

(5)Any proceedings under this Act which, by virtue of this section, would lie against a chief officer of police shall be brought against—

(a)the chief officer of police for the time being; or

(b)in the case of a vacancy in that office, against the person for the time being performing the functions of that office;

and references in subsection (4) to the chief officer of police shall be construed accordingly.

(6)A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—

(a)any damages or costs awarded in proceedings under this Act against a person under the direction and control of the chief officer of police;

(b)any costs incurred and not recovered by such a person in such proceedings; and

(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

F176B Other police bodies etc

(1)

[F2Section 76A applies in relation to the National Criminal Intelligence Service (“NCIS") and the National Crime Squad (“the NCS") as it applies in relation to a police force but as if any reference—

(a)to the chief officer of police were to the Director General of NCIS or of the NCS, as the case may be;

(b)to the police authority were to the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad, as the case may be;

(c)to the police fund were to the service fund established under section 16 of the M1Police Act 1997 (NCIS service fund) or section 61 of that Act (the NCS service fund), as the case may be.]]

(2)Section 76A [F3also] applies in relation to any other body of constables or cadets as it applies in relation to a police force, but as if any reference—

(a)to the chief officer of police were to the officer or other person who has the direction and control of the body in question;

(b)to the police authority were to the authority by whom the members of the body are paid;

(c)to the police fund were to money provided by that authority.

[F4(2A)Constables serving with the Serious Organised Crime Agency do not constitute a body of constables for the purposes of subsection (2).]

(3)In relation to a member of a police force or a special constable who is not under the direction and control of the chief officer of police for that police force or, as the case may be, for the police area to which he is appointed, references in section 76A to the chief officer of police are references to the chief officer under whose direction and control he is.

77 Financial provisions

There shall be defrayed out of money provided by Parliament—

(a)sums required by the Secretary of State for making payments under paragraph 5 or 16 of Schedule 1 or paragraph 12 of Schedule 2, and for defraying any other expenditure falling to be made by him under or by virtue of this Act;

(b)any expenses incurred by the Secretary of State with the consent of the Treasury in undertaking, or financially assisting the undertaking by other persons of, research into any matter connected with relations between persons of different racial groups;

(c)payments falling to be made under section 67(5) in respect of the remuneration of assessors; and

(d)any increase attributable to the provisions of this Act in the sums payable out of money provided by Parliament under any other Act.

78General interpretation provisions

(1)In this Act, unless the context otherwise requires—

• “access” shall be construed in accordance with section 40;

• “act” includes a deliberate omission;

• “advertisement” includes every form of advertisement or notice, whether to the public or not, and whether in a newspaper or other publication, by television or radio, by display of notices, signs, labels, showcards or goods, by distribution of samples, circulars, catalogues, price lists or other material, by exhibition of pictures, models or films, or in any other way, and references to the publishing of advertisements shall be construed accordingly;

• [F1“board of management", in relation to a self-governing school, has the same meaning as in the Education (Scotland) Act 1980;]

• [F3F2“board of management” in relation to a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, has the same meaning as in that Part;]

• F4“body” includes an unincorporated association;

• “the Commission” means the [F5Commission for Equality and Human Rights];

• “Commissioner” means a member of the Commission;

• F6“criminal investigation” has the meaning given by section 57(4B);

• [F7“criminal proceedings” includes—

  (a)

  proceedings on dealing summarily with a charge under the M1Army Act 1955 or the M2Air Force Act 1955 or on summary trial under the M3Naval Discipline Act 1957;

  (b)

  proceedings before a summary appeal court constituted under any of those Acts;

  (c)

  proceedings before a court-martial constituted under any of those Acts or a disciplinary court constituted under section 52G of the Act of 1957;

  (d)

  proceedings before the Courts-Martial Appeal Court; and

  (e)

  proceedings before a Standing Civilian Court;]

• “designated county court” has the meaning given by section 67(1);

• F8“detriment” does not include conduct of a nature such as to constitute harassment under section 3A;

• “discrimination” and related terms shall be construed in accordance with section 3(3);

• “dispose”, in relation to premises, includes granting a right to occupy the premises, and any reference to acquiring premises shall be construed accordingly;

• “education” includes any form of training or instruction;

• “education authority”and “educational establishment" have for Scotland the same meaning as they have respectively in [F9section 135(1) of the Education (Scotland) Act 1980];

• “employment” means employment under a contract of service or of apprenticeship or a contract personally to execute any work or labour, and related expressions shall be construed accordingly;

• “employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers;

• F10“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

• “estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises;

• “final” shall be construed in accordance with subsection (4);

• “firm” has the meaning given by section 4 of the M4Partnership Act 1890;

• F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “further education” has . . . F12for Scotland the meaning given by [F13section 135(1) of the Education (Scotland) Act 1980];

• “general notice”, in relation to any person, means a notice published by him at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

• “genuine occupational qualification” shall be construed in accordance with section 5;

• “Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain;

• “independent school” has for England and Wales the meaning given by section 114(1) of the M5Education Act 1944, and for Scotland the meaning given by [F14section 135(1) of the Education (Scotland) Act 1980];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

• “managers” has for Scotland the same meaning as in [F16s. 135(1) of the Education (Scotland) Act 1980];

• [F17“the Minister” means the Lord Privy Seal;]

• “Minister of the Crown” includes the Treasury and the Defence Council;

• “nationality” includes citizenship;

• “near relative” shall be construed in accordance with subsection (5);

• F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “notice” means a notice in writing;

• “prescribed” means prescribed by regulations made by the [F18Minister or the Secretary of State];

• “profession” includes any vocation or occupation;

• “proprietor”, in relation to a school, has for England and Wales the meaning given by section 114(1) of the M6Education Act 1944, and for Scotland the meaning given by [F16s. 135(1) of the Education (Scotland) Act 1980].

• “pupil” in Scotland includes a student of any age;

• “racial grounds” and “racial group" have the meaning given by section 3(1);

• “school” has for England and Wales the meaning given by section 114(1) of the M7Education Act 1944, and for Scotland the meaning given by [F16s. 135(1) of the Education (Scotland) Act 1980];

• “school education” has for Scotland the meaning given by [F16s. 135(1) of the Education (Scotland) Act 1980];

• [F19“self-governing school” has the same meaning as in the Education (Scotland) Act 1980;]

• F20“social protection” and “social advantage” have the same meaning as in Article 3 of Council Directive 2000/43/EC;

• “trade” includes any business;

• “training” includes any form of education or instruction;

• “university” includes a university college and the college, school or hall of a university;

• F21. . .

(2)It is hereby declared that in this Act “premises”, unless the context otherwise requires, includes land of any description.

(3)Any power conferred by this Act to designate establishments or persons may be exercised either by naming them or by identifying them by reference to a class or other description.

(4)For the purposes of this Act F22. . . a finding by a court or tribunal becomes final when an appeal against the F23. . . finding is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought; F24. . . .

(5)For the purposes of this Act a person is a near relative of another if that person is the wife or husband [F25or civil partner] , a parent or child, a grandparent or grandchild, or a brother or sister of the other (whether of full blood or half-blood or [F26by marriage or civil partnership)] , and “child" includes an illegitimate child and the wife or husband F25or civil partner of an illegitimate child.

(6)Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(7)In this Act, except where otherwise indicated—

(a)a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered; and

(b)a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered; and

(c)a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered; and

(d)a reference to any provision of an Act (including this Act) includes a Schedule incorporated in the Act by that provision.