21.—(1) Proceedings may not be brought under regulation 20 alleging that a person has acted unlawfully by virtue of regulation 8 if the question of the lawfulness of the act could be raised (and has not been raised) in immigration proceedings (disregarding the possibility of proceedings brought out of time with permission).
(2) If in immigration proceedings a court or tribunal has found that an act was unlawful by virtue of regulation 8, a court hearing proceedings under regulation 20 shall accept that finding.
(3) In this regulation “immigration proceedings” means proceedings under or by virtue of—
(a) the Immigration Acts, or
(b) the Special Immigration Appeals Commission Act 1997.
22.—(1) In proceedings under regulation 20, the court (subject to paragraph (2))—
(a) (in addition to granting any remedy available to it in proceedings for tort) may grant any remedy that the High Court could grant in proceedings for judicial review,
(b) may award damages by way of compensation for injury to feelings (whether or not other damages are also awarded),
(c) may not award damages in proceedings in respect of an act that is unlawful by virtue of regulation 3(5) if the respondent proves that there was no intention to treat the claimant unfavourably on grounds of sexual orientation,
(2) In respect of a contravention of regulation 8, the court—
(a) shall not grant an injunction unless satisfied that it will not prejudice criminal proceedings or a criminal investigation, and
(b) shall grant any application to stay the proceedings under regulation 20 on the grounds of prejudice to criminal proceedings or to a criminal investigation, unless satisfied that the proceedings or investigation will not be prejudiced.
(3) In the application of this regulation to Scotland—
(a) a reference to the court shall be taken as a reference to the sheriff,
(b) a reference to the High Court shall be taken as a reference to the Court of Session,
(c) a reference to tort shall be taken as a reference to reparation,
(d) a reference to the claimant shall be taken as a reference to the pursuer,
(e) a reference to the respondent shall be taken as a reference to the defender,
(f) a reference to an injunction shall be taken as a reference to an interdict, and
(g) a reference to staying proceedings shall be taken as a reference to sisting proceedings.
23.—(1) Proceedings under regulation 20 may be brought only—
(a) within the period of six months beginning with the date of the act (or the last act) to which the proceedings relate, or
(b) with the permission of the court in which the proceedings are brought.
(2) In relation to immigration proceedings (as defined in regulation 21) the period specified in paragraph (1)(a) shall begin with the first date on which proceedings under regulation 20 may be brought.
24.—(1) A claimant or a potential claimant may question a respondent or a potential respondent about the reasons for an action or about any matter that is or may be relevant and may do so—
(a) in the form set out in Part 1 of Schedule 2, or
(b) in a form to the like effect with such variation as the circumstances require.
(2) A respondent or potential respondent may reply (if he so wishes) to questions served under paragraph (1)—
(a) in the form set out in Part 2 of Schedule 2, or
(b) in a form to the like effect with such variation as the circumstances require.
(3) A claimant’s or potential claimant’s questions (whether or not put in a form mentioned in paragraph (1)), and a respondent or potential respondent’s replies shall be admissible as evidence in proceedings in respect of the action or about any matter that is or may be relevant, to which the questions relate if (and only if) the questions are served—
(a) within the period of six months beginning with the date of the action (or last action) to which they relate, and
(b) in accordance with paragraph (4).
(4) A question may be served on a respondent or potential respondent and a reply may be served on a claimant or potential claimant—
(a) by delivering it to him,
(b) by sending it by post to him at his usual or last known residence or place of business,
(c) where the person to be served is acting by a solicitor, by delivering it at, or by sending it by post to, the solicitor’s address for service,
(d) where the person to be served is a claimant or potential claimant, by delivering the reply, or sending it by post, to him at his address for reply as stated by him in the document containing the questions, or if no address is so stated, at his usual or last known residence, or
(e) where the person to be served is a body corporate or is a trade union or employers’ association within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992(13), by delivering it to the secretary or clerk of the body, union or association at its registered or principal office, or by sending it by post to the secretary or clerk at that office.
(5) A court may draw an inference from—
(a) a failure to reply to a claimant’s or potential claimant’s questions within the period of eight weeks beginning with the date the questions were served, or
(b) an evasive or equivocal reply to such questions (whether or not put in a form mentioned in paragraph (1)).
(6) In this regulation—
(a) “claimant” means a person who has brought proceedings under these Regulations,
(b) “potential claimant” means a person who—
(i) thinks he may have been the subject of an act that is unlawful by virtue of these Regulations, and
(ii) wishes to consider whether to bring proceedings under these Regulations,
(c) “potential respondent” means a person questioned by a potential claimant for the purpose of considering whether to bring proceedings under these Regulations
(7) In the application of this regulation to Scotland—
(a) a reference to a claimant or potential claimant shall be taken as a reference to a pursuer or potential pursuer, and
(b) a reference to a respondent or potential respondent shall be taken as a reference to a defender or potential defender.
(8) Paragraph (5) does not apply in relation to a reply, or a failure to reply, to a question—
(a) if the respondent or potential respondent reasonably asserts that to have replied differently or at all might have prejudiced criminal proceedings or a criminal investigation,
(b) if the respondent or potential respondent reasonably asserts that to have replied differently or at all would have revealed the reason for not instituting or not continuing criminal proceedings, or
(c) if the respondent or potential respondent reasonably asserts that to have replied differently or at all would have frustrated the purpose of national security.
25.—(1) Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought under regulation 20, where the court considers it expedient in the interests of national security—
(a) to exclude from all or part of the proceedings—
(i) the claimant,
(ii) the claimant’s representatives, or
(iii) any assessors,
(b) to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;
(c) to take steps to keep secret all or part of the reasons for the court’s decision in the proceedings.
(2) The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of paragraph (1).
(3) A person may be appointed under paragraph (2) only—
(a) in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990(14)), or
(b) in relation to proceedings in Scotland, if he is—
(i) an advocate, or
(ii) qualified to practise as a solicitor in Scotland.
(4) A person appointed under paragraph (2) shall not be responsible to the person whose interests he is appointed to represent.
26.—(1) A term of a contract is void where—
(a) its inclusion renders the making of the contract unlawful by virtue of these Regulations,
(b) it is included in furtherance of an act which would be unlawful by virtue of these Regulations, or
(c) it provides for the doing of an act which would be unlawful by virtue of these Regulations.
(2) Paragraph (1) does not apply to a term whose inclusion constitutes, furthers or provides for unlawful discrimination against a party to the contract; but that term shall be unenforceable against that party.
(3) A term in a contract which purports to exclude or limit a provision of these Regulations is unenforceable by a person in whose favour the term would operate apart from this paragraph.
(4) Paragraph (3) does not apply to a contract settling a claim under regulation 20.
(5) On the application of a person interested in a contract to which paragraph (1) applies, a county court or sheriff court may make an order removing or modifying a term made unenforceable by that paragraph, but an order shall not be made unless all persons affected—
(a) have been given notice of the application (except where notice is dispensed with in accordance with rules of court), and
(b) have been afforded an opportunity to make representations to the court.
(6) An order under paragraph (5) may include provision in respect of a period before the making of the order.
27. Nothing in these Regulations shall make it unlawful for a person (“A”) to treat a person less favourably than A treats or would treat others on grounds of sexual orientation in relation to an annuity, or life insurance policy, or similar matter involving the assessment of risk, where the treatment—
(a) is effected by reference to actuarial or other data from a source on which it is reasonable to rely, and
(b) is reasonable having regard to that data, and any other relevant factors.
28.—(1) This regulation applies to any person operating a service for the collection and distribution of human blood for the purposes of medical services (“a blood service”).
(2) Subject to paragraph (3), it is unlawful for a person operating a blood service to discriminate against a person on grounds of sexual orientation in the way it affords him access to any facility for the donation of his blood.
(3) Nothing in this regulation shall make it unlawful for a person operating a blood service to refuse to accept a donation of a person’s blood where that refusal is determined by an assessment of risk to the public based on—
(a) clinical, epidemiological and other data which was obtained from a source on which it was reasonable to rely, and
(b) the refusal is reasonable having regard to that data, and any other relevant factors.
29.—(1) It is unlawful knowingly to help another person (whether or not as his employee or agent) to do anything which is unlawful under these Regulations.
(2) A person commits an offence if he knowingly or recklessly makes a false statement, in connection with assistance sought from another, that a proposed act is not unlawful under these Regulations.
(3) A person guilty of an offence under paragraph (2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
30.—(1) Anything done by a person in the course of his employment shall be treated for the purposes of these Regulations as done by the employer as well as by the person.
(2) Anything done by a person as agent for another shall be treated for the purposes of these Regulations as done by the principal as well as by the agent.
(3) It is immaterial for the purposes of this regulation whether an employer or principal knows about or approves of an act.
(4) In proceedings under these Regulations against an employer in respect of an act alleged to have been done by his employee it shall be a defence for the employer to prove that he took such steps as were reasonably practicable to prevent the employee—
(a) from doing the act, or
(b) from doing acts of that kind in the course of his employment.
(5) Paragraphs (1) and (2) shall not apply in relation to an offence committed under regulation 10(5).
31.—(1) This regulation applies to—
(a) a constable who is a member of a police force maintained under the Police Act 1996(15) or the Police (Scotland) Act 1967(16),
(b) a special constable appointed for a police area in accordance with either of those Acts, and
(c) a person appointed as a police cadet in accordance with either of those Acts.
(2) A person to whom this regulation applies shall be treated for the purposes of these Regulations as the employee of his chief officer of police, and anything done by the person in the performance or purported performance of his functions shall be treated as done in the course of that employment.
(3) There shall be paid out of the police fund—
(a) compensation, costs or expenses awarded against a chief officer of police in proceedings brought against him under these Regulations,
(b) costs or expenses incurred by a chief officer of police in such proceedings so far as not recovered by him in the proceedings, and
(c) sums required by a chief officer of police for the settlement of a claim made against him under these Regulations if the settlement is approved by the police authority.
(4) A police authority may pay out of the police fund—
(a) damages or costs awarded in proceedings under these Regulations against a person under the direction and control of the chief officer of police,
(b) costs incurred and not recovered by such a person in such proceedings, and
(c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.
(5) In section 56(4) of the Serious Organised Crime and Police Act 2005(17) (application of discrimination legislation to seconded staff), there is inserted after paragraph (g)—
“; and
(h) regulation 30 of the Equality Act (Sexual Orientation) Regulations 2007”.
32. In section 25(1) of the 2006 Act, there is inserted after paragraph (d)—
“, and
(e) regulations 10 and 11 of the Equality Act (Sexual Orientation) Regulations 2007.”
33.—(1) Regulation 8 binds the Crown.
(2) The remainder of these Regulations apply to an act done on behalf of the Crown as they apply to an act done by a private person.
(3) For the purposes of paragraph (2) an act is done on behalf of the Crown if (and only if) done—
(a) by or on behalf of a Minister of the Crown,
(b) by or on behalf of the Scottish Ministers,
(c) by a government department,
(d) by a body established under an enactment acting on behalf of the Crown,
(e) by or on behalf of the holder of an office established by an enactment acting on behalf of the Crown, or
(f) by or on behalf of an office-holder in the Scottish Administration (within the meaning of section 126(7) of the Scotland Act 1998(18)).
(4) The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947(19) shall apply to proceedings against the Crown under these Regulations as they apply to proceedings against the Crown in England and Wales which by virtue of section 23 of that Act are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown; but section 20 of that Act (removal of proceedings from county court to High Court) shall not apply to proceedings under these Regulations.
(5) The provisions of Part 5 of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in Scotland which by virtue of that Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) shall not apply to proceedings under this Part of these Regulations.
34.—(1) These Regulations apply—
(a) to anything done in Great Britain, and
(b) to the provision of—
(i) facilities for travel on a British vessel or an aircraft registered in Great Britain, and
(ii) benefits, facilities or services provided on a British vessel or an aircraft registered in Great Britain.
(2) Regulation 8, in so far as it relates to granting entry clearance (within the meaning of the Immigration Acts), applies to anything done whether inside or outside the United Kingdom.
(3) This regulation shall not make it unlawful to do anything in or over a foreign country, or in or over the territorial waters of a foreign country, for the purpose of complying with a law of that country.
(4) In this regulation—
“British vessel” means—
a hovercraft registered in Great Britain; or
a ship which is—
registered in Great Britain, or
used for the purposes of the Crown, and
“foreign country” means a country other than the United Kingdom.
Signed by the Secretary of State
Ruth Kelly
Secretary of State for Communities and Local Government
Department for Communities and Local Government
17th April 2007