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35. In section 41 of the 1976 Act (acts done under statutory authority)—
(a)in subsection (1) for the word “subsection” substitute “section”;
(b)after subsection (1), insert—
“(1A) Subsection (1) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of a provision referred to in section 1(1B).”; and
(c)in subsection (2), for paragraphs (a) and (b), substitute—
“(a)in pursuance of any enactment or Order in Council; or
(b)in pursuance of any instrument made under any enactment by a Minister of the Crown; or
(c)in order to comply with any requirement imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment; or
(d)in pursuance of any arrangements made (whether before or after the passing of this Act) by or with the approval of, or for the time being approved by, a Minister of the Crown; or
(e)in order to comply with any condition imposed (whether before or after the passing of this Act) by a Minister of the Crown”.
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