SCHEDULES
SCHEDULE 22Statutory provisions
Protection of women
I12
1
A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with—
a
a pre-1975 Act enactment concerning the protection of women;
b
a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W);
c
a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work).
2
The references to the protection of women are references to protecting women in relation to—
a
pregnancy or maternity, or
b
any other circumstances giving rise to risks specifically affecting women.
3
It does not matter whether the protection is restricted to women.
4
These are the specified provisions—
a
Part 5 (work);
b
Part 6 (education), so far as relating to vocational training.
5
A pre-1975 Act enactment is an enactment contained in—
a
an Act passed before the Sex Discrimination Act 1975;
b
an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act).
6
If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment.
7
For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it.
8
This paragraph applies only to the following protected characteristics—
a
pregnancy and maternity;
b
sex.