PART 4Further provision relating to hate crime

The characteristics

11Meaning of the characteristics

(1)

This section applies for the interpretation of sections 1, 4 and 9.

(2)

A reference to age includes a reference to an age range.

(3)

A disability is a physical or mental impairment of any kind.

(4)

For the purposes of subsection (3) (but without prejudice to its generality), a medical condition which has, has had, or may have a substantial or long-term effect, or is of a progressive nature, is to be regarded as amounting to an impairment.

(5)

A group defined by reference to religion is a group of persons defined by reference to—

(a)

religious belief or lack of religious belief,

(b)

membership of or adherence to a church or religious organisation,

(c)

support for the culture or traditions of a church or religious organisation,

(d)

participation in activities associated with such a culture or such traditions.

(6)

A reference to sexual orientation is a reference to sexual orientation towards—

(a)

persons of the same sex,

(b)

persons of a different sex, or

(c)

both persons of the same sex and persons of a different sex.

(7)

A person is a member of a group defined by reference to transgender identity if the person is—

(a)

a female-to-male transgender person,

(b)

a male-to-female transgender person,

(c)

a non-binary person,

(d)

a person who cross-dresses,

and references to transgender identity are to be construed accordingly.

(8)

A person is a member of a group defined by reference to variations in sex characteristics if the person is born with physical and biological sex characteristics which, taken as a whole, are neither—

(a)

those typically associated with males, nor

(b)

those typically associated with females,

and references to variations in sex characteristics are to be construed accordingly.