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3. (1) For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if —
(a)on the grounds of B’s age, A treats B less favourably than he treats or would treat other persons, or
(b)A applies to B a provision, criterion or practice which he applies or would apply equally to persons not of the same age group as B, but—
(i)which puts or would put persons of the same age group as B at a particular disadvantage when compared with other persons, and
(ii)which puts B at that disadvantage,
and A cannot show the treatment or, as the case may be, provision, criterion or practice to be a proportionate means of achieving a legitimate aim.
(2) A comparison of B’s case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
(3) In this regulation—
(a)“age group” means a group of persons defined by reference to age, whether by reference to a particular age or a range of ages; and
(b)the reference in paragraph (1)(a) to B’s age, includes B’s apparent age.
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