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Sex Discrimination (Election Candidates) Act 2002

Territorial Extent

7.Legislation relating to equal opportunities including the subject matter of the Sex Discrimination Act 1975 is reserved to the UK Parliament under the Scotland Act 1998. In respect of Scotland, this legislation relates to the reserved matter of equal opportunities in the selection of candidates, albeit that such selection will have consequences for the subsequent election in which the candidates take part. Under the Welsh devolution settlement, the UK Parliament makes primary legislation relating to Wales. Legislation relating to equal opportunities is transferred under the Northern Ireland Act 1998, but legislation that deals with parliamentary elections and elections to the Northern Ireland Assembly, the European Parliament and district councils is excepted under that Act. Although this legislation is principally about equal opportunities in the selection of candidates, it also has an effect on elections. In light of section 98(2) of the Northern Ireland Act 1998 (which defines the meaning of “deals with” in that Act) , the legislation is therefore considered to be outside the legislative competence of the Northern Ireland Assembly. As a result the Act extends to England, Wales, Scotland and Northern Ireland. Section 1 of the Act amends the Sex Discrimination Act 1975 which applies to England, Wales, and Scotland. Section 2 contains a corresponding amendment to the Sex Discrimination (Northern Ireland) Order 1976 (SI 1976/1042 (NI 15)).

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