Office of Public Sector Information
PART III continued
F1Ss. 26A, 26B inserted by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 64(2), 65(2), Sch. 19 para. 1
(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—
(a)in the arrangements which are made for the purpose of determining to whom it should be offered;
(b)in respect of any terms on which it is offered; or
(c)by refusing, or deliberately omitting, to offer it to him.
(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 [F2or to subject any person to harassment].
[F3(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.
F1S. 26A: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 27(1)
F2Words in s. 26A(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 27(2)(a)
F3S. 26A(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 27(2)(b)
(1)It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person—
(a)in the arrangements which he makes for the purpose of determining whom he will take as his pupil;
(b)in respect of any terms on which he offers to take any person as his pupil; or
(c)by refusing, or deliberately omitting, to take a person as his pupil.
(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 [F2or to subject any person to harassment] .
[F3(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.]
F1S. 26B: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 28(1)
F2Words in s. 26B(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 28(2)(a)
F3S. 26B(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 28(2)(b)
(1)Sections 17 to [F118D] do not apply to benefits, facilities or services outside Great Britain except—
(a)travel in a ship registered at a port of registry in Great Britain; and
(b)benefits, facilities or services provided on a ship so registered.
[F2(1A)In its application in relation to granting entry clearance (within the meaning of the M1Immigration 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.
Race Relations Act 1976