Office of Public Sector Information
PART II continued
(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.
[F2(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.]]
F1S. 13 substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 7(2)
F2S. 13(3)(4) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 15
(1)It is unlawful for an employment agency to discriminate against a person—
(a)in the terms on which the agency offers to provide any of its services; or
(b)by refusing or deliberately omitting to provide any of its services; or
(c)in the way it provides any of its services.
[F1(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.]
[F2(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 [F3or harassment] .]
(3)References in [F4subsections (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 [F5, 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 [F6level 5 on the standard scale].
F1S. 14(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(a)
F2S. 14(2) substituted (1.4.1994 for E. and S. and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 9(a); S.I. 1993/2503, art. 2(3), Sch. 3.
F3Words in s. 14(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(b)
F4Words in s. 14(3) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(c)
F5Words in s. 14(5) substituted (1.4.1994 for E. and S. and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 9(b); S.I. 1993/2503, art. 2(3), Sch. 3.
F6Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
[F1(1)It is unlawful for the [F2Secretary of State [F3or the Minister]F4. . . ] to discriminate [F5or to subject a person to harassment] in the provision of facilities or services under section 2 of the Employment and Training Act 1973]
F6(1A)It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate [F5or 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 [F7Secretary of State] is acting as an employment agency.
F1S. 15(1) substituted by Employment and Training Act 1981 (c. 57, SIF 43:1), s. 9, Sch. 2 para. 20
F2Words substituted by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 3 Pt. II para. 12(2)
F3Words in s. 15(1) inserted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 11
F4Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. I
F5Words in s. 15(1)(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 17
F6S. 15(1A) inserted (S.) (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 18
F7Words substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 29(3), Sch. 6 para. 15
F1S. 16 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
Race Relations Act 1976