Modifications etc. (not altering text)
C1Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))
C2Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
C3Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
C4Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2
C5Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5
(1)A barrister (A) must not discriminate against a person (B)—
(a)in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;
(b)as to the terms on which A offers B a pupillage or tenancy;
(c)by not offering B a pupillage or tenancy.
(2)A barrister (A) must not discriminate against a person (B) who is a pupil or tenant—
(a)as to the terms on which B is a pupil or tenant;
(b)in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;
(c)by terminating the pupillage;
(d)by subjecting B to pressure to leave chambers;
(e)by subjecting B to any other detriment.
(3)A barrister must not, in relation to a pupillage or tenancy, harass—
(a)the pupil or tenant;
(b)a person who has applied for the pupillage or tenancy.
(4)A barrister (A) must not victimise a person (B)—
(a)in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;
(b)as to the terms on which A offers B a pupillage or tenancy;
(c)by not offering B a pupillage or tenancy.
(5)A barrister (A) must not victimise a person (B) who is a pupil or tenant—
(a)as to the terms on which B is a pupil or tenant;
(b)in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;
(c)by terminating the pupillage;
(d)by subjecting B to pressure to leave chambers;
(e)by subjecting B to any other detriment.
(6)A person must not, in relation to instructing a barrister—
(a)discriminate against a barrister by subjecting the barrister to a detriment;
(b)harass the barrister;
(c)victimise the barrister.
(7)A duty to make reasonable adjustments applies to a barrister.
(8)The preceding provisions of this section (apart from subsection (6)) apply in relation to a barrister's clerk as they apply in relation to a barrister; and for that purpose the reference to a barrister's clerk includes a reference to a person who carries out the functions of a barrister's clerk.
(9)A reference to a tenant includes a reference to a barrister who is permitted to work in chambers (including as a squatter or door tenant); and a reference to a tenancy is to be construed accordingly.