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(1)It is unlawful to publish an advertisement, or to cause an advertisement to be published, if it indicates (expressly or impliedly) an intention by any person to discriminate unlawfully.
(2)In subsection (1) the reference to unlawful discrimination is a reference to discrimination which is unlawful by virtue of any of sections 46 to 52.
(3)Proceedings in respect of a contravention of subsection (1) may be brought only—
(a)by the Commission for Equality and Human Rights, and
(b)in accordance with section 25.
(4)A person who publishes an advertisement shall not be liable in proceedings under that section in respect of the publication of the advertisement if he proves that—
(a)he published in reliance on a statement, made by a person causing the advertisement to be published, that subsection (1) would not apply, and
(b)that it was reasonable to rely on that statement.
(5)A person commits an offence if he knowingly or recklessly makes a false statement of the kind mentioned in subsection (4)(a).
(6)A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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