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(a)any person applies to a Sikh any provision, criterion or practice relating to the wearing by him of a safety helmet while he is on a construction site; and
(b)at the time when he so applies the provision, criterion or practice that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when on such a site,
then, for the purposes of regulation 3(1)(b)(iii), the provision, criterion or practice shall be taken to be one which cannot be shown to be a proportionate means of achieving a legitimate aim.
(2) Any special treatment afforded to a Sikh in consequence of section 11(1) or (2) of the Employment Act 1989(1) (exemption of Sikhs from requirements as to wearing of safety helmets on construction sites) shall not be regarded as giving rise, in relation to any other person, to any discrimination falling within regulation 3.
(3) In this regulation—
“construction site” means any place in Great Britain where any building operations or works of engineering construction are being undertaken, but does not include any site within the territorial sea adjacent to Great Britain unless there are being undertaken on that site such operations or works as are activities falling within Article 8(a) of the Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 2001(2); and
“safety helmet” means any form of protective headgear.
(4) In this regulation—
(a)any reference to a Sikh is a reference to a follower of the Sikh religion; and
(b)any reference to a Sikh being on a construction site is a reference to his being there whether while at work or otherwise.
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