Permanent Council Decision No. 1221
Act partly in force at Royal Assent see s. 30(2); Act wholly in force at 03.03.1997 see S.I. 1997/134, art. 2 Sch. 7 Pt. III wholly in force at 3.3.1997; Sch. 7 Pt. III not in force at Royal Assent see s. 30(4); Sch. 7 Pt. III in force for certain purposes at 26.2.1990 by S.I. 1990/189, art. 2; Sch. 7 Pt. III in force insofar as not already in force at 3.3.1997 by S.I. 1997/134, art. 2 The whole Act appeared in S.I.F Group 43:1 (Employment: General). The text of ss. 1–8, 27–30, Schs. 1, 6 paras. 12, 15, 16, 30, Sch. 9 para. 1 was printed in S.I.F Group 106:1 (Rights of the Subject: General). For extent of s. 10 see s. 30(5)(6)(b) Ss. 1-7 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2) Words inserted (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 18(a) “either of those sections substituted (1.4.1991) for “that section by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 18(b) S. 8(1)(c) and preceding word repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Words in s. 8(2) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 14 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 3 (see S.I. 2010/2317, art. 2) S. 8(4)(b)(c) substituted for s. 8(4)(b) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 7 S. 9 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2) Words in s. 10(6) substituted (1.9.1997) by 1996 c. 56, s. 582(1), Sch. 37 Pt. II, para. 139 (with ss. 1(4), 410, Sch. 39); S.I. 1997/1623, art. 2(2) Words in s. 11 sidenote substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(10), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(1) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(2), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(2)(a) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(3), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(5) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(4), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) S. 11(6A)(6B) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(5), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(7) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 6(6)(a), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(7) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(6)(b), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(7) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(6)(c), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(8)(b) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(7), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(9) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(8)(a), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Word in s. 11(9) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(8)(b), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 11(10) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(9), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1)) Words in s. 12(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(2) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2) Words in s. 12(1)(a) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(12)(a), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(2)) Words in s. 12(1)(b) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(12)(b), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(2)) Words in s. 12(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(3) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2) Words in s. 12(2) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(4) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2) Words in s. 12(3) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(13), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(2)) S. 13 repealed (30.11.1993) by 1993 c.19, s. 51, Sch.10; S.I. 1993/2503, art. 2(2), Sch.2. S. 14 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1 S. 15 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) S. 16 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) S. 17 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) S. 18 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) S. 19(1) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) S. 19(2) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. 1; S.I. 1994/86, art. 2 S. 20 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) S. 21 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 S. 26 repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 18 Pt. 2 Words in s. 27(1) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) S. 28(2)(3)(4)(a) repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5, Sch. 2 (see S.I. 2010/2317, art. 2) S. 28(4)(b) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 18 Pt. 2 Words in s. 29(1) repealed by 2010 c. 15 Sch. 26 Pt. 1 para. 17 Sch. 27 Pt. 1 (as amended) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5, Sch. 2 (see S.I. 2010/2317, art. 2) Definition in s. 29(1) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) S. 30(2)-(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Words in Sch. 1 omitted (1.1.2018) by virtue of The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 1 (with regs. 2(5), 3, Sch. 8) Sch. 2 Pt. I repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 2 para. 1 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 2 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 Pt. I repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 Pt. II repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 3 Pt. III, para. 2(c) repealed (E.W.) (26.8.1994) by 1994 c. 20, s. 9(2), Sch. 5; S.I. 1994/1841, art. 2 Sch. 4 para. 1(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 1(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 6(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 10(2)(b) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 12(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 13(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 4 para. 16(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 5 para. 4(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 5 para. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 5 para. 10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 6 para. 3 repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, arts. 2, 3(e)(vii) Sch. 6 para. 4 repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, arts. 2, 3(e)(vii) Sch. 6 para. 5 repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, arts. 2, 3(e)(vii) Sch. 6 para. 13 repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I Sch. 6 para. 16 repealed (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d) Sch. 6 para. 17 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4 Sch. 6 para. 18 repealed (30.11.1993) by 1993 c.19, s. 51, Sch.10; S.I. 1993/2503, art. 2(2), Sch.2. Sch. 6 para. 19 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1 Sch. 6 para. 20 repealed by Employment Act 1990 (c. 38, SIF 43:5), s. 16(2), Sch. 3 Sch. 6 para. 21 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 6 para. 22 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 6 para. 23 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 6 para. 24 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 6 para. 25 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 6 para. 26 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) Sch. 6 para. 27 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8 Sch. 6 para. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 2 Sch. 6 para. 30 repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4) Entry repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I Sch. 9 para. 2 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1 Sch. 9 para. 3 repealed (22.8.1996) by 196 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 9 para. 4 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 9 para. 5 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) S.8: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 1973 c. 50. 1973 c. 50. 1980 c. 44. S.I.1986/594 (N.I.3). 1982 c. 10. 1982 c. 10. 1982 c. 10. 1974 c. 28. 1973 c. 36. S.I. 1979/1573 (N9..I. 12). 1978 c. 30. 1922 c. 35. 1901 c. 22. 1961 c. 34. 1936 c. 49. 1961 c. 34. S.R.& O.1907/17. S.R.& O.1911/752. S.R.& O.1922/329. S.R.& O.1925/28. S.I.1950/65. S.I.1985/1643. S.I.1980/1248. 1974 c. 37. S.I.1983/808. S.I. 1958/2110. 1982 c. 10. S.I. 1988/1905. 1916 c. 68. 1973 c. 50. 1988 c. 19. 1973 c. 50. 1973 c. 50. 1954 c. 70. An Act to amend the Sex Discrimination Act 1975 in pursuance of the Directive of the Council of the European Communities, dated 9th February 1976, (No.76/207/EEC) on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions; to repeal or amend prohibitions or requirements relating to the employment of young persons and other categories of employees; to make other amendments of the law relating to employment and training; to repeal section 1(1)(a) of the Celluloid and Cinematograph Film Act 1922; to dissolve the Training Commission; to make further provision with respect to industrial training boards; to make provision with respect to the transfer of staff employed in the Skills Training Agency; and for connected purposes. Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
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Any provision of— shall be of no effect in so far as it imposes a requirement to do an act which would be rendered unlawful by any of the provisions of that Act referred to in subsection (2).
an Act passed before the Sex Discrimination Act 1975, or
an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act),
Those provisions are—
Part II (discrimination as respects employment);
Part III (discrimination as respects education etc.) so far as it applies to vocational training; and
Part IV (other unlawful acts) so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b) above.
Where in any legal proceedings (of whatever nature) there falls to be determined the question whether subsection (1) operates to negative the effect of any provision in so far as it requires the application by any person of a requirement or condition falling within subsection (1)(b)(i) of section 1 or 3 of the 1975 Act (indirect discrimination on grounds of sex or marital status)—
it shall be for any party to the proceedings who claims that subsection (1) does not so operate in relation to that provision to show the requirement or condition in question to be justifiable as mentioned in subsection (1)(b)(ii) of that section; and
the said subsection (1)(b)(ii) shall accordingly have effect in relation to the requirement or condition as if the reference to the person applying it were a reference to any such party to the proceedings.
Where an Act passed after the 1975 Act, whether before or after the passing of this Act, re-enacts (with or without modification) a provision of an Act passed before the 1975 Act, that provision as re-enacted shall be treated for the purposes of subsection (1) as if it continued to be contained in an Act passed before the 1975 Act.
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Where it appears to the Secretary of State that a relevant provision, namely any provision of— requires the doing of an act which would (within the meaning of the 1975 Act) constitute an act of discrimination in circumstances relevant for the purposes of any of the provisions of that Act falling within section 1(2) above, he may by order make such provision (whether by amending, repealing or revoking the relevant provision or otherwise) as he considers appropriate for removing any such requirement.
an Act passed before this Act, or
an instrument approved or made by or under such an Act (including one approved or made after the passing of this Act),
Subsection (1) shall have effect in relation to a provision to which section 1(1) above applies as if the reference to a relevant provision requiring the doing of an act were a reference to its so requiring but for the operation of section 1(1).
Any order under this section which makes any amendment, repeal or revocation of a relevant provision within the meaning of subsection (1) may (without prejudice to the generality of section 28(5) below) amend or repeal any provision of this Act by virtue of which acts done in pursuance of the relevant provision are not to be unlawful for the purposes of provisions of the 1975 Act.
Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed before this Act, that provision as re-enacted shall be treated for the purposes of subsection (1) as if it continued to be contained in an Act passed before this Act.
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The 1975 Act shall be amended as follows.
Section 7(2)(f) (exception for jobs held by men because of statutory restrictions on employment of women) shall be omitted.
The following sections shall be substituted for section 51—
The following section shall be inserted after section 52—
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Without prejudice to the operation of section 51 of the 1975 Act (as substituted by section 3(3) above), nothing in— shall render unlawful any act done by a person in relation to a woman if it was necessary for that person to do that act in order to comply with any requirement of any of the provisions specified in Schedule 1 to this Act (which are concerned with the protection of women at work).
Part II of that Act,
Part III of that Act so far as it applies to vocational training, or
Part IV of that Act so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b) above,
Each of the last two entries in that Schedule shall be construed as including a reference to any provision or provisions for the time being having effect in place of the provision or provisions specified in that entry.
In this section “woman” means a female person of any age.
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Nothing in Parts II to IV of the 1975 Act shall render unlawful any act done by a person in connection with the employment of another person as the head teacher or principal of any educational establishment if it was necessary for that person to do that act in order to comply with any requirement of any instrument relating to the establishment that its head teacher or principal should be a member of a particular religious order.
Nothing in— shall render unlawful any act done by a person in connection with the employment of another person as a professor in any university if the professorship in question is, in accordance with any Act or instrument relating to the university, either a canon professorship or one to which a canonry is annexed.
Part II of the 1975 Act, or
Part IV of that Act so far as it has effect in relation to Part II,
Nothing in the provisions of the 1975 Act referred to in subsection (2)(a) or (b) shall render unlawful any act done by a person in connection with the employment of another person as the head, a fellow or any other member of the academic staff of any college, or institution in the nature of a college, in a university if it was necessary for that person to do that act in order to comply with any requirement of any instrument relating to the college or institution that the holder of the position in question should be a woman.
Subsection (3) shall not apply in relation to instruments taking effect after the commencement of that subsection; and section 6(b) of the Interpretation Act 1978 (words importing the feminine gender to include the masculine) shall not apply to that subsection.
The Secretary of State may by order provide that any provision of subsections (1) to (3) shall not have effect in relation to—
any educational establishment or university specified in the order; or
any class or description of educational establishments so specified.
In this section “educational establishment” means—
any school within the meaning of the Education Act 1944 or the Education (Scotland) Act 1980;
any college, or institution in the nature of a college, in a university; or
any institution to which section 156 of the Education Reform Act 1988 applies (further and higher education institutions) or any constituent institution of an institution to which that section applies.
Nothing in this section shall be construed as prejudicing the operation of section 19 of the 1975 Act (exemption for discrimination in relation to employment of ministers of religion).
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The Secretary of State may by order make such provision as he considers appropriate—
for disapplying subsection (1) of section 1 above in the case of any provision to which it appears to him that that subsection would otherwise apply;
for rendering lawful under any of the provisions of the 1975 Act falling within section 1(2) above acts done in order to comply with any requirement—
of a provision whose effect is preserved by virtue of paragraph (a) above, or
of an instrument approved or made by or under an Act passed after the 1975 Act but before this Act (including one approved or made after the passing of this Act).
Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed as mentioned in sub-paragraph (ii) of subsection (1)(b), that provision as re-enacted shall be treated for the purposes of that sub-paragraph as if it continued to be contained in an Act passed as mentioned in that sub-paragraph.
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The following section shall be substituted for section 14 of the 1975 Act—
The following section shall be substituted for section 13 of the Race Relations Act 1976—
In section 37 of the Race Relations Act 1976 (discriminatory training by certain bodies)—
in subsection (1), for “a training body” and “it appears to the training body” there shall be substituted “any person” and “it reasonably appears to that person” respectively;
in subsection (2), for “it appears to a training body” and “the training body” there shall be substituted “it reasonably appears to any person” and “that person” respectively; and
the following subsection shall be substituted for subsection (3)—
The Secretary of State may by order provide with respect to— that this section shall apply to such special treatment afforded to or in respect of lone parents in connection with their participation in those arrangements, or in that training or scheme, as is specified or referred to in the order.
any specified arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State as respects employment and training) or under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements by Scottish Enterprise and Highlands and Islands Enterprise in connection with training etc.), or
any specified class or description of training for employment provided otherwise than in pursuance of that sectioneither of those sections, or
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Where this section applies to any treatment afforded to or in respect of lone parents, neither the treatment so afforded nor any act done in the implementation of any such treatment shall be regarded for the purposes of the Equality Act 2010 as giving rise to any contravention of Part 5 of that Act, so far as relating to marriage and civil partnership discrimination (within the meaning of that Act).
An order under subsection (1) above may specify or refer to special treatment afforded as mentioned in that subsection— and, without prejudice to the generality of paragraph (b) of that subsection, any class or description of training for employment specified in such an order by virtue of that paragraph may be framed by reference to the person, or the class or description of persons, by whom the training is provided.
whether it is afforded by the making of any payment or by the fixing of special conditions for participation in the arrangements, training or scheme in question, or otherwise, and
whether it is afforded by the Secretary of State or by some other person;
In this section—
“employment” and “training” have the same meaning as in the Employment and Training Act 1973; and
“couple” has the meaning given by section 39(1) of the Welfare Reform Act 2012; and
“lone parent” means a person who—
is not a member of a couple, and
is responsible for, and a member of the same household as, a child.
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In sections 42(1), 43 and 44 of the Mines and Quarries Act 1954 (under which winding and rope haulage apparatus and conveyors are to be operated by or under the supervision of competent male persons who have attained the ages there specified), the word “male” shall be omitted wherever occurring.
In section 93 of that Act (prohibition on heavy work by any woman or young person), the words “woman or young” shall be omitted in both places where they occur.
Section 124(1) of that Act (prohibition on employment of woman in job requiring a significant proportion of the employee’s time to be spent underground) shall cease to have effect.
In section 20 of the Factories Act 1961 (prohibition on cleaning of machinery by any woman or young person), the words “woman or” shall be omitted in both places where they occur.
In section 17 of the Offices, Shops and Railway Premises Act 1963 (fencing of exposed parts of machinery)— shall cease to have effect.
subsection (3),
in subsection (4), the words from “, except when any” onwards, and
subsection (5),
In Schedule 2 to this Act—
the provisions of subordinate legislation listed in Part I (which require different treatment of different categories of employees) shall cease to have effect; and
the provisions of such legislation mentioned in Part II shall have effect subject to the amendments there specified (which assimilate the treatment of different categories of employees).
The following enactments, namely— shall cease to have effect.
the enactments listed in Part I of Schedule 3 (which impose prohibitions or requirements with respect to the hours of employment and holidays of young persons and with respect to related matters), and
the enactments listed in Part II of that Schedule (which impose other prohibitions or requirements for, or in connection with, regulating the employment of young persons),
The enactments mentioned in Part III of Schedule 3 shall have effect subject to the amendments there specified (which include amendments by virtue of which certain occupations, instead of being restricted to persons who are 16 or older, are restricted to persons over school-leaving age).
If the Secretary of State considers it appropriate to do so, he may by order—
repeal or amend any statutory provision in consequence of subsection (1) or (2);
repeal any statutory provision relating to the employment of persons, or any class of persons, who have not attained the age of 18 or (as the case may be) some specified lower age of not less than 16;
amend any statutory provision falling within paragraph (b) and framed by reference to a specified age expressed as a number of years so that it is instead framed by reference to school-leaving age;
repeal any statutory provision appearing to the Secretary of State to be unnecessary in view of any other such provision, being a provision relating to the employment of persons under school-leaving age.
Nothing in any order under subsection (3) (apart from a repeal effected by virtue of paragraph (d) of that subsection) shall affect any statutory provision relating to the employment of persons under school-leaving age.
Any reference in subsection (3)(d) or (4) to a statutory provision relating to the employment of persons under school-leaving age shall be construed, in relation to a statutory provision which relates to both— as a reference to so much of that provision as relates to the employment of persons under that age.
the employment of such persons, and
the employment of persons over that age,
In this section—
“school-leaving age” means—
in relation to England and Wales, the upper limit of compulsory school age for the purposes of the Education Act 1944;
“the relevant Minister” (subject to paragraph 5(3) of this Schedule) means—
“the 1988 Order” means the Training Commission (Incidental and Transitional Provisions) Order 1988;
“the 1982 Act” means the Industrial Training Act 1982;
Section 4.
Regulation 3 of the Regulations dated 21st January 1907 (Manufacture of paints and colours). Regulation 10 of the Regulations dated 12th August 1911 (Smelting of materials containing lead, the manufacture of red or orange lead, and the manufacture of flaked litharge). Regulation 1 of the Indiarubber Regulations 1922. Regulation 1(ii) of the Electric Accumulator Regulations 1925. Regulation 6(1)(i) to (vi) of the Pottery (Health and Welfare) Special Regulations 1950. Parts IV and V of Schedule 1 to the Ionising Radiations Regulations 1985. Article 20(8) of the Air Navigation Order 1985 so far as relating to pregnancy.
Regulation 6(1)(i) to (vi) of the Pottery (Health and Welfare) Special Regulations 1950.
Paragraph 118 of the Approved Code of Practice relating to the Control of Lead at Work Regulations 1980 (approved under section 16 of the Health and Safety at Work etc. Act 1974). The following provisions of the medical standards contained in Merchant Shipping Notice No. M 1331 (issued for the purposes of Regulation 7 of the Merchant Shipping (Medical Examination) Regulations 1983), namely—
Part X so far as relating to gynaecological conditions, and
Part XI.
Section 9.
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In each of the following provisions, namely— for “sanitary convenience provided at the mine for the use of females” substitute “ water closet provided at the mine above ground ”.
In Regulation 13(1) of the Quarries (Ropeways and Vehicles) Regulations 1958, for “, other than a male person who has attained” substitute “ under ”.
Section 10.
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Section 22(4).
Section 1 (establishment of industrial training boards) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (7), for “section 3(2)” substitute “ section 3(1)(b) ”.
In section 2(1) (power of industrial training boards to delegate functions to committees with approval of Training Commission), for “Commission” substitute “ Secretary of State ”.
For section 3 substitute—
Section 5 (functions of industrial training boards) shall be amended as follows. In subsections (3)(b) and (6), for “Commission”, wherever occurring, substitute “ Secretary of State ”. In subsection (5)—
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Section 7 (exercise of power of industrial training board to obtain information) shall be amended as follows. In subsection (1)— In subsection (2), for the words from “Commission and” to “as the Commission” substitute “ Secretary of State and contain such information as he ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8 (reports and accounts) shall be amended as follows. In subsection (1), for the words from “Commission” to “State and” substitute “ Secretary of State may, with the approval of ”. In subsection (3), for “Commission” substitute “ Secretary of State ”. In subsection (4), for the words from “Commission” to “and he” substitute “ Secretary of State ”.
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Section 11 (levies) shall be amended as follows. In subsection (1)— In subsection (2), for “approved by the Commission” substitute “ submitted to him ”. In subsection (5), for the words from “Commission” to “for that purpose” substitute “ Secretary of State shall not make a levy order in pursuance of the levy proposals unless he is satisfied that they are necessary to encourage adequate training in the industry ”.
In section 12(1) (information to be included in levy proposals)—
for “Commission” substitute “ Secretary of State ”; and
for “the Secretary of State” substitute “ him ”.
Section 13 (proposals for exemption certificates) shall be amended as follows. In subsection (1), for “Commission for its” substitute “ Secretary of State for his ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For subsection (5) substitute—
Section 15 (default powers in relation to proposals) shall be amended as follows. In subsection (1)— For subsection (2) substitute— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For subsection (5) substitute—
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Section 17 (financial provisions) shall be amended as follows. In subsection (1), for the words from “Commission” to “State” substitute “ Secretary of State may ”. In subsection (2)— In subsection (3)— In subsection (5), for “Commission” substitute “ Secretary of State ”.
Paragraph 7 of Schedule 1 (persons entitled to attend meetings of industrial training board or committees of board) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In sub-paragraph (2), for “Commission” substitute “ Secretary of State ”.
Section 22(5).
In this Schedule—
“the Commission” means the Training Commission; and
“the 1988 Order” means the Training Commission (Incidental and Transitional Provisions) Order 1988;
...
in relation to any function of the Commission, the Secretary of State; and
in relation to any property, right or liability of the Commission, the Secretary of State for Employment.
The person who on the date on which this Act is passed is Secretary of State for Employment and his successors shall be, by that name, a corporation sole, with a corporate seal. The corporate seal of the Secretary of State for Employment shall be authenticated by the signature of a Secretary of State or of a Secretary to the Department of Employment, or by a person authorised by a Secretary of State to act for the purpose. The corporate seal of the Secretary of State for Employment shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Secretary of State for Employment and to be sealed with that seal authenticated in the manner provided by sub-paragraph (2), or to be signed or executed by a Secretary to the Department of Employment, or a person authorised as mentioned in that sub-paragraph, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown. A certificate signed by the Secretary of State for Employment that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of that fact. Any document made or issued at any time before the date on which this Act is passed— shall, if effective immediately before that date, have effect as from that date as if it had been made or issued by the Secretary of State for Employment as a corporation sole; and where the document was sealed or signed as mentioned in section 11(2) of the New Ministries and Secretaries Act 1916 (as in force at the time of the sealing or signing of the document) it shall have effect as from that date as if it had been sealed or (as the case may be) signed as mentioned in sub-paragraph (3) above. Accordingly any document to which section 11(2) of that Act applied immediately before that date shall be treated for the purposes of sub-paragraph (3) above as if it were a document purporting to be such an instrument as is mentioned in that sub-paragraph; and the repeal by this Act of section 11(3) of that Act shall not affect the validity of any certificate issued before that date in pursuance of that provision.
Anything done by or in relation to the Commission, if in force or effective immediately before the date on which this Act is passed, shall have effect, so far as may be required for continuing its effect on or after that date, as if done by or in relation to the relevant Minister. Anything which immediately before that date was in the process of being done by or in relation to the Commission may be continued on or after that date by or in relation to the relevant Minister. This paragraph applies in particular to things done by or in relation to the Commission for purposes of, or in connection with, functions which are transferred to the Secretary of State by section 22(4) of, and Schedule 4 to, this Act; but sub-paragraph (1) is subject to paragraph 7 of this Schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Every agreement (whether written or not), and every instrument or other document, which relates to any function, property, right or liability of the Commission shall have effect, so far as may be required for continuing its effect on or after the date on which this Act is passed, as if—
The power of the Secretary of State to make determinations under paragraph 6 of Schedule 1 to the Employment and Training Act 1973 shall, notwithstanding the repeal by this Act of that paragraph, continue to be exercisable by him in relation to preserved pensions. Any function which immediately before the date on which this Act is passed was a function of the Commission in relation to preserved pensions (other than its function of making payments in respect of such pensions) shall on that date become a function of the Secretary of State. References to the relevant Minister in paragraphs 3 and 4 of this Schedule shall, in the application of those paragraphs in relation to— be construed as references to the Paymaster General. In this paragraph “preserved pensions” means pensions, superannuation allowances or gratuities in respect of which liabilities are transferred to the Paymaster General by section 22(3) of this Act.
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Where anything done by the Commission before the date on which this Act is passed for the purposes of any provision of the 1982 Act required the approval of the Secretary of State, it shall not have effect by virtue of paragraph 3(1) of this Schedule as if done by the Secretary of State unless it was done with his approval.
It is hereby declared for the avoidance of doubt that where before the date on which this Act is passed— the proposals shall not by virtue of paragraph 3(1) of this Schedule be taken to have been approved by the Secretary of State.
levy proposals were approved by the Commission under section 11(1) of the 1982 Act, or
proposals for the issue of exemption certificates were approved by the Commission under section 13 of the 1982 Act,
For the purposes of subsection (4) of section 1 of the 1982 Act (as substituted by section 23 of this Act) any consultation carried out by the Commission in pursuance of subsection (5) of that section before the date on which this Act is passed in connection with a proposed industrial training order shall be taken to have been carried out by the Secretary of State in connection with that proposed order. For the purposes of subsection (1) of section 3 of the 1982 Act (as substituted by paragraph 3 of Schedule 4 to this Act), any consultation carried out by the Commission in pursuance of that subsection before that date in connection with a request made under that subsection shall be taken to have been carried out by the Secretary of State in connection with that request. For the purposes of section 15 of the 1982 Act (as amended by paragraph 13 of that Schedule)— Sub-paragraphs (1) to (3) are without prejudice to the generality of paragraph 3 of this Schedule.
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Any provisions of the 1988 Order having effect immediately before the date on which this Act is passed shall continue in force notwithstanding the repeal by this Act of provisions of Schedule 2 to the Employment Act 1988.
Section 29(3).
Section 29(4).
Chapter Short title Extent of repeal 1916 c. 68. New Ministries and Secretaries Act 1916. The whole Act. 1967 c. 13. Parliamentary Commissioner Act 1967. In Schedule 2, the entry relating to the Training Commission. 1973 c. 50. Employment and Training Act 1973. Section 1. Section 2(4) and (6). Section 3. In section 4, subsections (1) and (2), in subsection (3) paragraphs (a) and (b), the words “or the Commission” wherever occurring in paragraph (e) and the words from “to a person” to “acting jointly,” in paragraph(f), in subsection (4) the words “, the Commission”, in subsection (5) paragraphs (a) and (b) and “, (d)” in paragraph (c), and subsection (6). In section 5(3)(a), the words from “or with a function” onwards. Section 11(1). In section 12, in subsection (1) the words from “and of the Commission” to “this Act” and the words “or it”, and in subsections (1A) and (2) the words “of the Commission and” wherever occurring. In section 13(1), the definitions of “the Commission” and “modifications”. Schedule 1. In Schedule 3, paragraph 9. 1974 c. 37. Health and Safety at Work etc. Act 1974. Section 27(2)(b) and the word “or” immediately preceding it. In section 55(1)(a), the words “, the Training Commission”. 1975 c. 14. Social Security Act 1975. In section 20(5), the words “the Training Commission,” wherever occurring. 1975 c. 24. House of Commons Disqualification Act 1975. In Part III of Schedule 1, the entry relating to the chairman of the Training Commission. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Part III of Schedule 1, the entry relating to the chairman of the Training Commission. 1975 c. 65. Sex Discrimination Act 1975. Section 14(2)(b). In section 16(1), the words “or the Training Commission”.> 1975 c. 69. Scottish Development Agency Act 1975. In section 11(6), the words from “, the Training Commission” to “Training Services Agency”. 1975 c. 70. Welsh Development Agency Act 1975. In section 24(6), the words from “, the Training Commission” to “Training Services Agency”. 1975 c. 71. Employment Protection Act 1975. In Schedule 14, paragraphs 1, 4 and 5. 1976 c. 74. Race Relations Act 1976. Section 13(2)(b). In section 15(1), the words “or the Training Commission”. 1976 c. 75. Development of Rural Wales Act 1976. In section 17(1), the words from “, the Training Commission” to “Training Services Agency,”. 1981 c. 57. Employment and Training Act 1981. In section 10(2), the words “the Training Commission,”. In Schedule 2, Part I, and in Part II paragraphs 8, 9, 12, 14, 15, 17, 19 and 21. 1982 c. 9. Agricultural Training Board Act 1982. In section 4(1)(f), “, 3”. 1982 c. 10. Industrial Training Act 1982. In section 1, in subsection (2), the definition of “the Commission” and, in subsection (6), the words from “or, in a case” to “Commission”. In section 5(3)(e), “, 3”. In section 6(2), the words from “or to the Commission” onwards. Section 7(3). 1982 c.10—cont. Industrial Training Act 1982—cont. In section 9(1), the words “, after consultation with the Commission,”. In section 10(1), the words “of the Commission given with the approval”. In section 11(1), the words from “and the Commission” onwards. In section 13(4), the words “and the Commission”. Section 15(3) and (4). In section 16(4), the words from “; but no such” onwards. In Schedule 1, in paragraph 7(1), the words “, the Training Commission”. 1982 c. 30. Local Government (Miscellaneous Provisions) Act 1982. In section 45(1), the words “the Training Commission or”. 1982 c. 43. Local Government and Planning (Scotland) Act 1982. In section 8, the words “the Training Commission or”. 1988 c. 9. Local Government Act 1988. In Schedule 6, paragraph 10(5). 1988 c. 19. Employment Act 1988. Section 24. Section 29(1) so far as relating to the Industrial Training Act 1982. In Schedule 2, paragraphs 2(1)(b) and 3 to 8. In Schedule 3, in Part II, paragraphs 7 to 10 and 14(2).
1922 c. 35. Celluloid and Cinematograph Film Act 1922. In section 1, subsection (1)(a), and in subsection (2) the words from “the provisions” (where first occurring) to “this Act, and”. Section 4(3). 1933 c. 12. Children and Young Persons Act 1933. Section 19. 1937 c. 37. Children and Young Persons (Scotland) Act 1937. Section 29. 1938 c. 69. Young Persons (Employment) Act 1938. The whole Act. 1950 c. 28. Shops Act 1950. Section 18. Section 20. Section 21(4). Sections 24 to 36. Section 68. In section 71(3), the words from “subsection (2) of section one hundred and forty-two” to “given age),”. Section 72. In section 74, in subsection (1) the definition of “young person”, and subsection (2). Part II of Schedule 3. 1954 c. 70. Mines and Quarries Act 1954. In sections 42(1), 43 and 44, the word “male”, wherever occurring. In section 93, the words “woman or young”, in both places where they occur. Section 124(2). Sections 125 to 132. In Schedule 4, the entry relating to the Young Persons (Employment) Act 1938. 1961 c. 34. Factories Act 1961. Section 11(1)(a)(iii). In section 20, the words “woman or”, in both places where they occur. Section 73(1). Sections 86 to 94. Sections 96 to 109. Sections 112 to 116. Section 117(1)(a). Section 121(1)(f) (except the final “and”) and (5). Section 126(2)(f). Section 138(1)(d). Section 140(1)(d). In section 176(4), the words from “except that” onwards. 1963 c. 37. Children and Young Persons Act 1963. Section 35(1). 1963 c. 41. Offices, Shops and Railway Premises Act 1963. In section 17, subsection (3), in subsection (4) the words from “, except when any” onwards, and subsection (5). 1964 c. 66. Young Persons (Employment) Act 1964. The whole Act. 1968 c. 14. Public Expenditure and Receipts Act 1968. In Schedule 3, the entry relating to the Young Persons (Employment) Act 1938. 1971 c. 80. Banking and Financial Dealings Act 1971. Section 4(2). In section 5(2), the words “, except section 4(2),”. 1972 c. 70. Local Government Act 1972. In Schedule 29, paragraph 46. 1973 c. 24. Employment of Children Act 1973. Section 1(5). In Schedule 2, the first two entries. 1973 c. 65. Local Government (Scotland) Act 1973. Section 155(4). Section 160. 1975 c. 65. Sex Discrimination Act 1975. In section 7, subsection (2)(f), and in subsection (4) “, (f)”. In section 81, in subsections (1) and (2), “14(2)(d),”. 1976 c. 74. Race Relations Act 1976. In section 74, in subsection (2), “13(2)(d), 37(3)(b),” and, in subsection (5), “13(2)(d), 37(3)(b) or”. 1978 c. 44. Employment Protection (Consolidation) Act 1978. Sections 104 and 104A. Section 106(4). Section 117(2A) and (2B). In section 153(1), the definition of “redundancy rebate”. Schedule 6. In Schedule 8, the entry relating to section 104 of the Act, and in the entry relating to section 108 of the Act “, (2), (4) and (5)”. In Schedule 15, paragraph 13. 1980 c. 43. Magistrates’ Courts Act 1980. In Schedule 7, paragraph 174. 1982 c. 46. Employment Act 1982. In Schedule 2, paragraph 6(3). In Schedule 3, paragraph 5. 1985 c. 65. Insolvency Act 1985. In Schedule 8, paragraph 31(4). 1985 c. 66. Bankruptcy (Scotland) Act 1985. In Schedule 7, paragraph 14(3). 1986 c. 45. Insolvency Act 1986. In Schedule 14, the entry relating to section 125(2) of the Employment Protection (Consolidation) Act 1978. 1986 c. 48. Wages Act 1986. Section 27. In Schedule 4, paragraphs 8 and 11. In Schedule 6, paragraph 9. 1986 c. 59. Sex Discrimination Act 1986. In section 5(1), the words from “, apart from” to “authority),”. Section 7. In section 10, in subsection (3) “, 7”, and in subsection (5), the words from “except for the purpose” onwards. 1986 c. 61. Education (No.2) Act 1986. In Schedule 4, paragraph 6. 1988 c. 19. Employment Act 1988. In Schedule 3, in Part II, paragraphs 11(1) and 12(1) and (3).
1920 c. 65. Employment of Women, Young Persons, and Children Act 1920. Section 1(3). In section 3(1), the words “young persons, or”. Part II of the Schedule. 1954 c. 70. Mines and Quarries Act 1954. Section 124(1). 1961 c. 34. Factories Act 1961. In section 117(1), the words “or transport”, the words from “any of the following” to “that is to say”, and paragraph (b) and the “(c)” immediately following it. Section 119A. 1972 c. 28. Employment Medical Advisory Service Act 1972. Section 5(1). Section 8(1) so far as relating to section 119A of the Factories Act 1961. 1973 c. 50. Employment and Training Act 1973. In Schedule 3, paragraph 6. 1975 c. 65. Sex Discrimination Act 1975. Section 21(1). 1980 c. 42. Employment Act 1980. In Schedule 1, paragraph 9.
Section 29(5). S.R.&O. 1905/1103. Regulations dated 17th October 1905 (Spinning by self-acting mules) . In Regulation 4(b), the words “woman, young person, or”. S.R.&O. 1917/1035. Order dated 5th October 1917 (Tin or terne plate factories). Article 2. S.R.&O. 1926/1463. Woollen and Worsted Textiles (Lifting of Heavy Weights) Regulations 1926. The whole Regulations. S.R.&O. 1930/94. Cement Works Welfare Order 1930. Article 1(d). S.I. 1948/1696. Jute (Safety, Health and Welfare) Regulations 1948. Regulation 4. S.I. 1950/65. Pottery (Health and Welfare) Special Regulations 1950. In Regulation 6, paragraphs (1)(x), (2), (5) and (6). In Regulation 12(4), the words from “; and where” onwards. Regulation 18(7). S.I. 1973/37. Abstract of Special Regulations (Pottery - Health and Welfare) Order 1973. Schedule 1 so far as it reproduces Regulations 6(2) and 18(7) of the Pottery (Health and Welfare) Special Regulations 1950. Schedule 2 so far as it reproduces Regulations 6(1)(x), 6(2), 6(5), 6(6) and 18(7) of those Regulations of 1950.
Section 29(6).
Nothing in section 3 of this Act shall render unlawful any act done by any person if—
it was done before the commencement of that section, or
it was done before the commencement of section 9(3) of this Act and it was necessary for him to do it in order to comply with section 124(1) of the Mines and Quarries Act 1954.
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permission to take time off under section 27 of that Act was requested before the commencement of section 14 of this Act; and
the time off in question was to begin not later than the end of the period of six weeks beginning with that commencement.
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The amendments by this Act of paragraphs 3 and 6 of Schedule 1 to the Industrial Training Act 1982 shall not apply to an industrial training board during any period during which any member of the board appointed before the passing of this Act remains in office by virtue of that appointment. Sub-paragraph (1) above shall not be taken as precluding the Secretary of State during any such period from making appointments to the board in accordance with that Schedule as amended by this Act where they are to take effect at any time after the end of that period.
Regulation 1(ii) of the Electric Accumulator Regulations 1925.
“statutory provision” means a provision of an Act or of subordinate legislation.
in relation to England and Wales, the upper limit of compulsory school age (construed in accordance with section 8 of the Education Act 1996);
in relation to Scotland, the upper limit of school age for the purposes of the Education (Scotland) Act 1980; and
in relation to Northern Ireland, the upper limit of compulsory school age for the purposes of the Education and Libraries (Northern Ireland) Order 1986; and
Any requirement to wear a safety helmet which (apart from this section) would, by virtue of any statutory provision or rule of law, be imposed on a Sikh who is at a workplace shall not apply to him at any time when he is wearing a turban.
Accordingly, where— that requirement shall not apply to the Sikh or (as the case may be) to that other person.
a Sikh who is at a workplace is for the time being wearing a turban, and
(apart from this section) any associated requirement would, by virtue of any statutory provision or rule of law, be imposed— in connection with the wearing by the Sikh of a safety helmet,
on the Sikh, or
on any other person,
In subsection (2) “associated requirement” means any requirement (other than one falling within subsection (1)) which is related to or connected with the wearing, provision or maintenance of safety helmets.
It is hereby declared that, where a person does not comply with any requirement, being a requirement which for the time being does not apply to him by virtue of subsection (1) or (2)—
he shall not be liable in tort to any person in respect of any injury, loss or damage caused by his failure to comply with that requirement; and
in Scotland no action for reparation shall be brought against him by any person in respect of any such injury, loss or damage.
If a Sikh who is at a workplace— that other person shall, if liable to the Sikh in tort (or, in Scotland, in an action for reparation), be so liable only to the extent that injury, loss or damage would have been sustained by the Sikh even if he had been wearing a safety helmet in compliance with the requirement.
does not comply with any requirement to wear a safety helmet, being a requirement which for the time being does not apply to him by virtue of subsection (1), and
in consequence of any act or omission of some other person sustains any injury, loss or damage which is to any extent attributable to the fact that he is not wearing a safety helmet in compliance with the requirement,
Where— the amount of any damages which, by virtue of that subsection, are recoverable in tort (or, in Scotland, in an action for reparation) in respect of that injury shall not exceed the amount of any damages which would (apart from that subsection) be so recoverable in respect of the Sikh’s death.
the act or omission referred to in subsection (5) causes the death of the Sikh, and
the Sikh would have sustained some injury (other than loss of life) in consequence of the act or omission even if he had been wearing a safety helmet in compliance with the requirement in question,
This section does not apply to a Sikh who—
works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and
is at the workplace—
to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or
to receive training in how to provide such a response in circumstances of that kind.
In this section—
“building operations” and “works of engineering construction” have the same meaning as in the Factories Act 1961;
“safety helmet” means any form of protective headgear; and
all or any of the activities for the time being carried on at or from any Skillcentre specified in the order, or
“vocational training” includes advanced vocational training and retraining.
“statutory provision means a provision of an Act or of subordinate legislation (and references to the repeal of a statutory provision shall be construed accordingly).
Paragraph 118 of the Approved Code of Practice relating to the Control of Lead at Work Regulations 1980 (approved under section 16 of the Health and Safety at Work etc. Act 1974). The following provisions of the medical standards contained in Merchant Shipping Notice No. M 1331 (issued for the purposes of Regulation 7 of the Merchant Shipping (Medical Examination) Regulations 1983), namely— Part X so far as relating to gynaecological conditions, and Part XI.
This section also does not apply to a Sikh who—
is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and
is at the workplace—
to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or
to receive training in how to take part in such an operation in circumstances of that kind.
In this section—
any reference to a Sikh is a reference to a follower of the Sikh religion; and
any reference to a Sikh being at a workplace is a reference to his being there whether while at work or otherwise.
This section shall have effect in relation to any relevant workplace within the territorial sea adjacent to Great Britain as it has effect in relation to any workplace within Great Britain.
In subsection (9) “relevant workplace” means any workplace where work is being undertaken if the premises and the activities being undertaken there are premises and activities to which the Health and Safety at Work etc. Act 1974 applies by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013.
Where— then, for the purpose of determining whether the application of the provision, criterion or practice to the Sikh constitutes an act of discrimination falling within section 19 of the Equality Act 2010 (indirect discrimination), the provision, criterion or practice is to be taken as one in relation to which the condition in subsection (2)(d) of that section (proportionate means of achieving a legitimate aim) is satisfied
any person applies to a Sikh any provision, criterion or practice relating to the wearing by him of a safety helmet while he is at a workplace, and
at the time when he so applies the provision, criterion or practice that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when at such a workplace,
Any special treatment afforded to a Sikh in consequence of section 11(1) or (2) above shall not be regarded for the purposes of section 13 of the Equality Act 2010 as giving rise to discrimination against any other person
Subsections (6A) to (10) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section.
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Part I of the Employment Protection (Consolidation) Act 1978 (particulars of terms of employment) shall be amended as follows.
In section 2 (supplementary provisions relating to statements under section 1), the following subsection shall be substituted for subsection (4)—
The following section shall be inserted after section 2—
In section 4 (changes in terms of employment), the following subsection shall be added after subsection (5)—
The following subsections shall be added at the end of section 5 (exclusion of certain contracts in writing)—; and the existing provisions of section 5 shall accordingly constitute subsection (1) of that section.
the following paragraph shall be substituted for paragraph (a)—; and
in paragraph (b)(i), for “those duties” there shall be substituted “any such duties as are mentioned in paragraph (a)”.
In section 53(2) of the 1978 Act (employee not entitled to written statement of reasons for dismissal unless continuously employed for six months), for “six months” there shall be substituted “not less than two years”.
In section 149(1) of the 1978 Act (general power to amend that Act), in paragraph (c), after “49(4A),” there shall be inserted “53(2),”.
In section 82 of the 1978 Act (general exclusions from right to redundancy payment), the following subsection shall be substituted for subsection (1)—
In paragraph 4(2) of Schedule 4 to that Act (calculation of redundancy payments), for the words from ““the specified anniversary”” to “her birth,” there shall be substituted ““the specified anniversary”, in relation to an employee, means the sixty-fourth anniversary of the day of his birth,”.
sections 104 and 104A (payment by Secretary of State of redundancy rebates to employers with less than ten employees), and
Schedule 6 (calculation of amount of redundancy rebates),
Sections 122 and 123 of the 1978 Act (payments by Secretary of State on insolvency of employer) shall be amended as follows.
In section 122 (payment to employee of certain unpaid debts of employer), the following subsection shall be substituted for subsection (11)—
In section 123 (payment of unpaid contributions to occupational or personal pension scheme), the following subsection shall be substituted for subsection (9)—
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The Training Commission shall be dissolved on the date on which this Act is passed.
Subject to subsection (3), all the property, rights and liabilities to which the Training Commission was entitled or subject immediately before that date shall on that date become property, rights and liabilities of the Secretary of State for Employment.
Any liability in respect of pensions, superannuation allowances or gratuities which, but for the passing of this Act, would have arisen or existed on or after that date as a liability of the Training Commission to or in respect of the chairman or any former chairman of the Commission shall instead be a liability of the Paymaster General.
The Industrial Training Act 1982 shall have effect subject to the amendments specified in Schedule 4 to this Act (by virtue of which functions of the Training Commission under that Act are transferred to the Secretary of State).
Schedule 5 to this Act shall have effect for the purpose of supplementing the provisions of this section.
References in this Act to property, rights and liabilities of the Training Commission are references to all such property, rights and liabilities, whether or not capable of being transferred or assigned by the Commission.
In section 1 of the Industrial Training Act 1982 (establishment of industrial training boards), the following subsection shall be substituted for subsections (4) and (5)—
The following sections shall be inserted after section 3 of the Industrial Training Act 1982—
Any reference in this subsection to the assets of the board is a reference to the assets (if any) held by it after the making of any transfer or transfers under section 3A(1) above.
In Schedule 1 to the Industrial Training Act 1982 (constitution etc. of industrial training boards), the following paragraph shall be substituted for paragraph 3—
Subject to subsection (4) below, the Secretary of State may reconstitute the membership of an industrial training board as from any time after the passing of this Act—
by terminating such of the appointments of its existing members as would otherwise expire after that time, and
by making fresh appointments to it, as from that time, in accordance with the provisions substituted by subsection (1) above.
The termination of a person’s appointment to an industrial training board in accordance with paragraph (a) of subsection (2) above shall not preclude him from being re-appointed to the board in pursuance of paragraph (b) of that subsection.
The power conferred on the Secretary of State by subsection (2) above shall not be exercisable in relation to an industrial training board if all of its members were appointed to it in accordance with the provisions substituted by subsection (1) above (whether they were so appointed in pursuance of subsection (2)(b) above or otherwise).
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If the Secretary of State makes arrangements— this section shall have effect in relation to those employees.
for any designated undertaking to be carried on by some other person as from a particular date, and
for that person to become the employer of the persons who, immediately before that date, are employed in the civil service of the State in that undertaking,
In this section—
The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply in relation to the relevant employees in accordance with subsections (4) and (5).
For the purposes of the application of those Regulations in relation to any of those employees, the designated undertaking referred to in subsection (1)(a) shall (whether or not it would otherwise be so regarded) be regarded—
as an undertaking within the meaning of those Regulations which is transferred from the Secretary of State to the new employer on the specified date, and
as being so transferred by a transfer to which those Regulations apply and which is completed on that date.
Those Regulations shall apply in relation to any of the relevant employees as if, as respects any time before the specified date—
any reference to a person’s contract of employment included a reference to his employment in the civil service of the State or to the terms of that employment, as the context may require, and
any reference to the dismissal of a person included a reference to the termination of his employment in that service.
Where any person is, in pursuance of any arrangements falling within subsection (1), to cease to be employed in the civil service of the State and to become employed by the new employer, none of the agreed redundancy procedures applicable to persons employed in that service shall apply to him.
Where, in pursuance of any such arrangements, a person ceases to be employed in the civil service of the State and becomes employed by the new employer, he shall not, on ceasing to be employed in that service, be treated for the purposes of any scheme under section 1 of the Superannuation Act 1972 as having been retired on redundancy.
A certificate issued by the Secretary of State to the effect that a person was, immediately before a particular date, employed in the civil service of the State in a designated undertaking shall be conclusive evidence of the facts stated in the certificate.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of any of the following provisions of this Act, namely, sections 1 to 6, 7(1), 8 to 11 . . .—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
shall be subject to annulment in pursuance of a resolution of either House.
It is hereby declared that for the purposes of the Northern Ireland Constitution Act 1973 a provision contained in— is not a provision dealing with an excepted matter.
an Order in Council under paragraph 1(1)(b) of Schedule 1 to the said Act of 1974 which states that it is made only for purposes corresponding to section 1, 2, 6 or 10(3) to (6) of this Act, or
any statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 made under such an Order as is mentioned in paragraph (a),
Any power to make an order under this Act shall be exercisable by statutory instrument.
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an order under section 2 which makes any amendment or repeal of any provision of an Act, or
an order under section 6.
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such an order under section 2 as is mentioned in subsection (2)(a), or
an order under section 6(1)(a) which preserves the effect of any provision of an Act,
Any statutory instrument containing an order under this Act other than— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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an order under section 30,
An order under this Act may contain such consequential or transitional provisions or savings as appear to the Secretary of State to be necessary or expedient.
In this Act—
“vocational training” includes advanced vocational training and retraining.
“the relevant Minister” (subject to paragraph 5(3) of this Schedule) means—
“act” includes a deliberate omission;
“workplace” means any premises where work is being undertaken, including premises occupied or normally occupied as a private dwelling; and “premises” includes any place and, in particular, includes— any vehicle, vessel, aircraft or hovercraft, any installation (including a floating installation or one resting on the seabed or its subsoil or on other land covered with water or its subsoil), and any tent or moveable structure.
Sections 74, 128 and 131 of the Factories Act 1961.
Any reference in this Act to vocational training shall be construed as including a reference to vocational guidance.
The enactments mentioned in Schedule 6 shall have effect subject to the minor and consequential amendments specified in that Schedule.
The enactments mentioned in Schedule 7 (which include some spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
The instruments mentioned in Schedule 8 are hereby revoked to the extent specified in the third column of that Schedule.
The transitional provisions and savings contained in Schedule 9 shall have effect.
This Act may be cited as the Employment Act 1989.
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section 8;
section 10(3) to (6);
sections 11 and 12;
section 22 and Schedules 4 and 5;
sections 23 to 28;
section 29(1) and (2);
paragraphs 9 to 15, 17 and 27 to 29 of Schedule 6 and section 29(3) so far as relating thereto;
Part I of Schedule 7 and section 29(4) so far as relating thereto;
section 29(6) and Schedule 9; and
this section.
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sections 1 to 6 and Schedule 1;
section 7;
section 9(1), (2) and (4) to (6) and Schedule 2;
section 10(1) and Parts I and II of Schedule 3 except so far as they repeal section 1(3) of, and Part II of the Schedule to, the Employment of Women, Young Persons, and Children Act 1920 and section 119A of the Factories Act 1961;
section 10(2) and Part III of Schedule 3;
sections 16 to 19;
section 21;
paragraphs 3 to 5, 7, 8, 16, 20 to 25 and 30 of Schedule 6 and section 29(3) so far as relating thereto;
Part II of Schedule 7 and section 29(4) so far as relating thereto; and
section 29(5) and Schedule 8.
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With the exception of the provisions mentioned in subsection (6), this Act does not extend to Northern Ireland.
Those provisions are—
sections 10(1) and (2) and 29(3) and (4) and Schedules 3, 6 and 7 so far as they amend or repeal any enactment which extends to Northern Ireland (other than an enactment contained in the Celluloid and Cinematograph Film Act 1922);
section 10(6);
paragraph 2 of Schedule 5 and section 22(5) so far as relating thereto;
section 27 (which extends only to Northern Ireland); and
this section.
In section 1 (obligation of employer to keep register of young persons employed in industrial undertaking), for subsection (4) substitute—
In section 20 (street trading)—
for subsection (1) substitute—;
in subsection (2), for the words from “regulating” to “eighteen years,” substitute “ authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ”; and
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In section 21(3) (penalties and legal proceedings in respect of general provisions as to employment), for “person under the age of eighteen years” substitute “ child ”.
In section 23 (prohibition on persons under 16 taking part in performances endangering life and limb)—
for “person under the age of sixteen years” substitute “ child ”; and
for “such a person” substitute “ a child ”.
In section 24 (restrictions on training for performances of a dangerous nature)—
in subsection (1)—
for “person”, in the first place where it occurs, substitute “ child ”, and
for “person under the age of sixteen years” substitute “ child who has attained that age ”; and
in subsection (2), for “person who has attained the age of twelve years but is under the age of sixteen years” substitute “ child who has attained the age of twelve years ”.
In section 25 (restriction on persons under 18 going abroad for the purpose of performing for profit)—
in subsection (1), for “person under the age of eighteen years”, in both places where those words occur, and for “person under that age” substitute “ child ”; and
in subsection (2), for “person who has attained the age of fourteen years but is under the age of eighteen years” substitute “ child who has attained the age of fourteen years ”.
In section 26 (punishment of contraventions of section 25, etc.)—
in subsection (1), for “the person” substitute “ the child in question ”; and
in subsection (2)—
for “a person under the age of eighteen years” substitute “ a child ”,
for “that person” substitute “ that child ”, and
for “the person in question” substitute “ the child ”.
In section 30 (interpretation of provisions about the employment of children)— and the existing provisions of that section (as amended by sub-paragraph (a) above) shall accordingly constitute subsection (1) of that section.
The expression “child” means—
at the end of that section add the following subsection—;
In section 30 (street trading)—
for subsection (1) substitute—; and
in subsection (2), for the words from “regulating” to “eighteen years,” substitute “ authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ”.
In section 31(3) (penalties and legal proceedings in respect of general provisions as to employment), for “person under the age of eighteen years” substitute “ child ”.
In section 33 (prohibition on persons under 16 taking part in performances endangering life and limb)—
for “person under the age of sixteen years” substitute “child”; and
for “such a person” substitute “a child”.
In section 34 (restrictions on training for performances of a dangerous nature)—
in subsection (1)—
for “person”, in the first place where it occurs, substitute “ child ”, and
for “person under the age of sixteen years” substitute “ child who has attained that age ”; and
in subsection (2), for “person who has attained the age of twelve years but is under the age of sixteen years” substitute “ child who has attained the age of twelve years ”.
In section 37 (interpretation of provisions about the employment of children), after “made thereunder—” insert—.
In section 117(1) (exemptions from provisions regulating hours of employment), for “of or over the age of sixteen” substitute “ (other than children) ”.
In section 1(6) (enforcement of restrictions on employment of women etc.)—
for paragraph (a) substitute—; and
in paragraph (c), for “young person” substitute “ person under the age of sixteen years ”.
In section 4 (interpretation), in the definition of industrial undertaking, for the words from “with respect” to “Parts I, II” substitute “ the meaning assigned to it by Part I ”.
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In section 176(5) (application of provisions of Act to young persons employed outside factories) for the words from “the provisions” to “expressly provided,” substitute “section 119 of this Act shall not apply”.
In section 41(1) (licences for training persons between 12 and 16 for performances of a dangerous nature), for “persons under the age of sixteen” substitute “ children ”.
In section 42(1) (licences for children and young persons performing abroad), for “persons under eighteen” substitute “ children ”.
Section 4 (disclosure of certain information) shall be amended as follows. In subsection (3)— After subsection (3) insert— In subsection (5)(c) for “that paragraph” substitute “ subsection (3A) of this section ”.
Section 27 (obtaining and disclosure of certain information) shall be amended as follows. In subsection (2), omit paragraph (b) and the word “or” immediately preceding it. In subsection (3), for the words from “, the Executive” to “Agencies” substitute “ or the Executive ”.
Section 55 (functions of employment medical advisory service) shall be amended as follows. In subsection (1)(a), omit “, the Training Commission”. In subsection (6)(b), for “Commissions there mentioned” substitute “ Health and Safety Commission ”.
In section 16(2)(b) (discrimination in provision of facilities or services under section 2 of the Employment and Training Act 1973), for “body” substitute “ Secretary of State ”.
In section 11(6) (disclosure of certain information)—
omit the words from “, the Training Commission” to “Training Services Agency”; and
for “Commission and Agencies” substitute “ Secretary of State ”.
In section 24(6) (disclosure of certain information)—
omit the words from “, the Training Commission” to “Training Services Agency”; and
for “Commission and Agencies” substitute “ Secretary of State ”.
In section 15(2)(b) (discrimination in provision of facilities or services under section 2 of the Employment and Training Act 1973), for “body” substitute “ Secretary of State ”.
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In paragraph 6 of Schedule 1 (persons entitled to vote in connection with a levy), for the words from “sub-paragraph (a)” to “that sub-paragraph” substitute “ sub-paragraph (1)(b) of paragraph 3 above ”.
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at the beginning insert “Without prejudice to the generality of section 1(1) of the Employment Act 1989,”; and
omit the words from “, apart from” to “authority),”.