Sex Discrimination Act 1975

Section 83.

SCHEDULE 4 Transitional Provisions

1 Section 12 does not apply, as respects any organisation.—

(a) to contributions or other payments falling to be made to the organisation by its members or by persons seeking membership, or

(b) to financial benefits accruing to members of the organisation by reason of their membership,

where the payment falls to be made, or the benefit accrues, before 1st January 1978 under rules of the organisation made before the passing of this Act.

2 Until 1st January 1978, section 12(2) does not apply to any organisation of members of the teaching profession where at the passing of this Act—

(a) the organisation is an incorporated company with articles of association, and

(b) the articles of association restrict membership to persons of one sex (disregarding any minor exceptions), and

(c) there exists another organisation within paragraphs (a) and (b) which is for persons of the opposite sex and has objects, as set out in the memorandum of association, which are substantially the same as those of the first mentioned organisation, subject only to differences consequential on the difference of sex.

3 (1) Until a date specified by order made by the Secretary of State the courses of training to be undergone by men as a condition of the issue of certificates to them under the [1951 c. 53.] Midwives Act 1951 or the [1951 c. 54.] Midwives (Scotland) Act 1951 (as amended by section 20) must be courses approved in writing by or on behalf of the Secretary of State for the purposes of this paragraph.

(2) Until the date specified under sub-paragraph (1), section 9 of the Midwives Act 1951 and section 10 of the Midwives (Scotland) Act 1951 (regulation of persons other than certified midwives attending women in childbirth) shall have effect as if for the words from the beginning to (but not including) " attends a woman in childbirth " where they first occur there were substituted the words—

“If a person other than—

(a) a woman who is a certified midwife, or

(b) in a place approved in writing by or on behalf of the Secretary of State a man who is a certified midwife”.

The amendment made by this sub-paragraph shall be read without regard to the sections 35A and 37A inserted in the said Acts of 1951 by section 20(4) and (5).

(3) On and after the said date the words to be substituted for those, in the said sections 9 and 10, mentioned in sub-paragraph (2) are—

“If a person who is not a certified midwife”.

(4) An order under this paragraph shall be laid in draft before each House of Parliament, and section 6(1) of the [1946 c. 36.] Statutory Instruments Act 1946 (Parliamentary control by negative resolution of draft instruments) shall apply accordingly.

4 (1) If the responsible body for any educational establishment which (apart from this sub-paragraph) would be required to comply with the provisions of section 22(b), and of section 25 so far as they apply to acts to which section 22(b) relates, from the commencement of those provisions, is of the opinion that it would be impracticable for it to do so, it may before that commencement apply for an order authorising discriminatory admissions during the transitional period specified in the order.

(2) Section 27(2) to (5) and Schedule 2 shall apply for the purposes of sub-paragraph (1) as they apply in relation to transitional exemption orders.

5 (1) Section 6 of the [1970 c. 41.] Equal Pay Act 1970 (as amended by paragraph 3 of Schedule 1 to this Act) shall apply as if the references to death or retirement in subsection (1A)(b) of the said section 6 included references to sums payable on marriage in pursuance of a contract of employment made before the passing of this Act, or the commutation, at any time, of the right to such sums.

(2) In relation to service within section 1(8) of the said Act of 1970 (service of the Crown) for the reference in this paragraph to a contract of employment made before the passing of this Act there shall be substituted a reference to terms of service entered into before the passing of this Act.