The Sex Discrimination Act 1975 (Amendment) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which are made under section 2(2) of the European Communities Act 1972, implement in Great Britain Council Directive 2004/113 EC of 13th December 2004 (“the Directive”) and come into force on the fifth day after the day on which they are made or on 21st December 2007, whichever is later. The Directive is concerned with implementing the principle of equal treatment between men and women in the access to and supply of goods and services which are available to the public.

The Directive necessitates amendment of the Sex Discrimination Act 1975 (“the 1975 Act”), in particular to reflect the provisions of the Directive which deal with discrimination, harassment and sexual harassment, the burden of proof in court proceedings, and the amendment of statutory provisions which would otherwise be contrary to the requirements of the Directive.

Regulation 3 applies the Directive-based definition of indirect discrimination to the areas of the 1975 Act with which the Directive is concerned, namely section 29 (discrimination in the provision of goods, facilities or services), section 30 (discrimination in disposal or management of premises) and 31 (discrimination: consent for assignment or sub-letting), except in so far as these provisions relate to an “excluded matter”. The excluded matters, set out at regulation 12 are: (a) education (including vocational training); (b) the content of media and advertisements; and (c) the provision of goods, facilities or services (not normally provided on a commercial basis) at a place (permanently or for the time being) occupied or used for the purposes of an organised religion.

Regulation 4 introduces protection from direct discrimination on grounds of gender reassignment in the provision of goods, facilities, services or premises with which the Directive is concerned.

Regulation 5 extends protection from discrimination on grounds of pregnancy and introduces protection from discrimination on grounds of maternity in the provision of goods, facilities, or services with which the Directive is concerned.

Regulations 6 to 8 make it unlawful for any person in the connection with the provision of goods, facilities, services or premises with which the Directive is concerned, to subject another to harassment.

Regulation 9 amends section 29 (discrimination in the provision of goods, facilities or services) so that section 29(1)(b) makes unlawful discrimination on the grounds of gender reassignment in the provision of goods, facilities and services.

Regulations 10, 11, 14, 15 and 17 amend existing exceptions concerning the provision of single-sex goods, facilities, services or premises with which the Directive is concerned.

Regulation 13 provides that in the provision of goods, facilities, services or premises with which the Directive is concerned, where there has been a relationship in which certain acts of discrimination, or harassment, would have been unlawful, it is also unlawful to subject a person to a detriment or harassment by reference to that relationship after the relationship has ended.

Regulation 16 amends section 45 of the 1975 Act (insurance) to specify the circumstances under which insurance companies may charge different premiums or offer different benefits to men and women, in the areas with which the Directive is concerned.

Regulation 18 amends section 51 of the 1975 Act (acts done for purposes of protection of women) so that nothing in section 35A (barristers) and section 35B (advocates) makes unlawful an act done under section 51. This amendment is a clarification following our implementation of Directive 2002/73/EC amending Council Directive 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.

Regulation 19 removes the exception for acts which are done under statutory authority in the areas with which the Directive is concerned.

Regulation 20 reverses the burden of proof in court proceedings relating to discrimination or harassment in the provision of goods, facilities, services or premises with which the Directive is concerned.

Regulation 21 ensures that respondents must reply to a claimant’s preliminary questions relating to discrimination or harassment in the provision of goods, facilities, services or premises with which the Directive is concerned, within eight weeks of being served with them.

Regulation 22 enables local authorities to charge fees for the use of urinals provided under the Public Health Act 1936 to comply with Article 13 of the Directive (compliance).

Regulation 23 sets out transitional provisions.

A full impact assessment of the effect that this instrument will have on the costs of business is available from the Government Equalities Office website (currently www.womenandequalityunit.gov.uk) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. Copies have been placed in the Libraries of both Houses of Parliament and are also available from the Government Equalities Office, Ashdown House, Zone 2 C/1, 123 Victoria Street, London, SW1E 6DE.