Power to exempt particular acts of discrimination required by or under statute
8.—(1) The Department may by order make such provision as it considers appropriate—
(a)for disapplying paragraph (1) of Article 3 in the case of any provision to which it appears to the Department that that paragraph would otherwise apply;
(b)for rendering lawful under any of the provisions of the 1976 Order falling within Article 3(2) acts done in order to comply with any requirement—
(i)of a provision whose effect is preserved by virtue of sub-paragraph (a); or
(ii)of an instrument made or approved under an enactment enacted after the 1976 Order but before this Order (including one made or approved after the making of this Order).
(2) Where an enactment enacted after this Order re-enacts (with or without modification) a provision of an enactment enacted as mentioned in head (ii) of paragraph (1)(b), that provision as re-enacted shall be treated for the purposes of that head as if it continued to be contained in an enactment enacted as mentioned in that head.