The Sex Discrimination Act 1975 (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which amend the Sex Discrimination Act 1975 (“the Act”), come into force on 19th July 2003.

Regulation 2 amends section 17 of the Act, which is one of the provisions which implements the Equal Treatment Directive(1), and which deals with discrimination concerning police officers. The main effect of this regulation is to treat police officers as being in the employment of the chief officer for the police force in question for the purpose of section 41 of the Act. This is to ensure that the chief officer will be liable for unlawful acts done by officers of the force in the course of their functions. Other amendments clarify provisions relating to police authorities and deal with the treatment of a case where a police officer carries out functions for another force.

Regulations 3 and 4 insert two new sections into the Act. New section 20A prohibits discrimination after the end of a relationship which is governed by Part 2 of the Act (for example, employment or partnership) if the act of discrimination arises out of and is closely connected to the relationship. New section 35C makes an equivalent provision in relation to relationships which are governed by sections 35A (barristers), 35B (advocates), or other provisions of Part 3 of the Act which apply to vocational training. These Regulations make clear that such acts of discrimination are unlawful under the Act, reflecting the decision of the European Court of Justice in Coote v Granada Hospitality Ltd (Case C-185/97, judgment of 22 September 1998) on the interpretation of the Equal Treatment Directive.

A copy of the Regulatory Impact Assessment and the Transposition Note relating to these Regulations has been placed in the libraries of both Houses of Parliament, and can be obtained from the Women and Equality Unit, Department of Trade and Industry, Second Floor, 35 Great Smith Street, London SW1P 3BQ.

(1)

Council Directive 76/207/EEC (OJ No. L 39, 14.2.1976, p. 40), as amended by Council Directive 2002/73/EC (OJ No. L 269, 5.10.2002, p. 15).