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4.—(1) In Article 3 of the Race Relations Order (racial discrimination) after paragraph (1) insert –
“(1A) A person also discriminates against another if, in any circumstances relevant for the purposes of any provision referred to in paragraph (1B), he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other, but –
(a)which puts or would put persons of the same race or ethnic or national origins as that other at a particular disadvantage when compared with other persons;
(b)which puts that other at that disadvantage; and
(c)which he cannot show to be a proportionate means of achieving a legitimate aim.
(1B) The provisions mentioned in paragraph (1A) are –
(a)Part II;
(b)Articles 18 and 19;
(c)Article 20A;
(d)Articles 21 to 24;
(e)Article 26;
(f)Article 72 ZA; and
(g)Part IV in its application to the provisions referred to in sub-paragraphs (a) to (f).
(1C) Where, by virtue of paragraph (1A), a person discriminates against another, paragraph (1)(b) does not apply to him.”.
(2) In paragraph (3) of that Article, after the words “paragraph (1)”, insert “or (1A)”.
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