- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
14.—(1) Section 76A the Sex Discrimination Act 1975(1) (public authorities: general statutory duty) is amended as follows.
(2) In subsection (1)(a) for “discrimination and harassment” substitute “discrimination, harassment and victimisation”.
(3) For subsection (2)(c) substitute—
(ii)gender reassignment discrimination;
(iii)marriage and civil partnership discrimination;
(iv)pregnancy and maternity discrimination;
(v)a breach of an equality clause.”.
(4) After subsection (2)(c) insert—
“(d)“harassment” is any act that is harassment for the purposes of the Equality Act 2010 (“the 2010 Act”) but, in the case of harassment within subsection (1) of section 26, only so far as that subsection relates to sex or gender reassignment.
(e)“victimisation” means victimisation where the protected act in question relates to sex, gender reassignment, marriage and civil partnership or pregnancy and maternity.”.
(5) After subsection (2) insert—
“(2A) An expression used in subsection (2) and in the 2010 Act has the same meaning in that subsection as it does in that Act.”.
(6) Despite the repeal of the Sex Discrimination Act 1975 (“the 1975 Act”) by Schedule 27 to the Act, the following provisions of the 1975 Act, so far as they relate to sections 76A to 76C(2) of that Act, continue to have effect—
(a)section 81(3) (orders),
(b)in section 82(4) (interpretation) the definitions of “act”, “Commission”, “man” and “woman”, and
(c)section 85(5) (Crown application).
1975 c. 65; section 76A was inserted by the Equality Act 2006 (c. 3), section 84(1) and was amended by the Government of Wales 2006 (Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), Schedule 1 paragraphs 2, 7(1) to (3) and by the Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), Schedule, paragraph 6(c).
Sections 76B and 76C were inserted by the Equality Act 2006 (c. 3), section 85(1) and were amended by S.I. 2007/2914, Schedule, paragraph 6(d) and (e). Section 76B was also amended by S.I. 2007/1388, Schedule 3, paragraphs 1 and 8.
Section 81 was amended by; the Education (Scotland) Act 1980 (c. 44), Schedule 4, paragraph 10; the Sex Discrimination Act 1986 (c. 59), section 9(2) and Schedule, Part I; the Employment Act 1989 (c.38) section 29(4) and Schedule 7, Part II; and the Equality Act 2006 (c. 3), sections 83(3), 84(2) and 85(2), Schedule 3 paragraphs 3 and 17 and Schedule 4 and S.I. 2007/2914, Schedule, paragraphs 6(h) and 8.
In section 82 the definition of “Commission” was amended by the Equality Act 2006 (c. 3), Schedule 3, paragraphs 6 and 18(1)(a)(i).
Section 85 was amended by; the Armed Forces Act 1996 (c. 46), section 21(1), (3), (4) and (5); the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a); the Armed Forces Act 2006 (c. 52), Schedule 16, paragraph 71; S.I. 1994/3276, regulation 2; S.I. 2005/2467, regulation 34 and S.I. 2005/2712, Schedule 2, paragraph 1.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: