Part 1The Commission for Equality and Human Rights

Interpretation

33Equality and human rights enactments

1

In this Part “the equality enactments” means—

a

the Equal Pay Act 1970 (c. 41),

b

the Sex Discrimination Act 1975,

c

the Race Relations Act 1976,

d

the Disability Discrimination Act 1995,

e

Part 2 of this Act,

f

regulations under Part 3 of this Act,

g

the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), F1...

h

the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660).F2 and

i

the Employment Equality (Age) Regulations 2006.

F22

In this Part “the equality and human rights enactments” means the equality enactments and the Human Rights Act 1998 (c. 42).

3

The F3MinisterF3 may by order amend the list in subsection (1) so as to—

a

add an entry,

b

remove an entry, or

c

vary an entry.

34Unlawful

1

In this Part (except section 30(3)) “unlawful” means contrary to a provision of the equality enactments.

2

But action is not unlawful for the purposes of this Part by reason only of the fact that it contravenes a duty under or by virtue of—

a

section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65) (public authorities: duty to eliminate discrimination, &c.),

b

section 71 of the Race Relations Act 1976 (c. 74) (public authorities: duty to eliminate discrimination, &c.), or

c

any of the following provisions of the Disability Discrimination Act 1995 (c. 50)—

i

Part 5 (public transport),

ii

sections 49A and 49D (public authorities), and

iii

section 49G (consent to tenant's improvements).

35General

In this Part—

  • “act” includes deliberate omission,

  • “groups” has the meaning given by section 10,

  • “the Commission” means the Commission for Equality and Human Rights,

  • “disabled person” has the meaning given by section 8,

  • “human rights” has the meaning given by section 9,

  • F4“the Minister” means the Lord Privy Seal;

  • F4“race” includes colour, nationality, ethnic origin and national origin,

  • “religion or belief” has the same meaning as in Part 2 (as defined by section 44), and

  • “sexual orientation” means an individual's sexual orientation towards—

    1. a

      persons of the same sex as him or her,

    2. b

      persons of the opposite sex, or

    3. c

      both.