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Race Relations Act 1976
CHAPTER 74
ARRANGEMENT OF SECTIONS
PART I
DISCRIMINATION TO WHICH ACT APPLIES
Section
1. Racial discrimination.
2. Discrimination by way of victimisation.
3. Meaning of " racial grounds ", " racial group " etc.
PART II
DISCRIMINATION IN THE EMPLOYMENT FIELD
Discrimination by employers
4. Discrimination against applicants and employees.
5. Exceptions for genuine occupational qualifications.
6. Exception for employment intended to provide training in
skills to be exercised outside Great Britain.
7. Discrimination against contract workers.
8. Meaning of employment at establishment in Great Britain.
9. Exception for seamen recruited abroad.
Discrimination by other bodies
10. Partnerships.
11. Trade unions etc.
12. Qualifying bodies.
13. Vocational training bodies.
14. Employment agencies.
15. Manpower Services Commission etc.
Police
16. Police.
ii c. 74 Race Relations Act 1976
PART III
DISCRIMINATION IN OTHER FIELDS
Education
Section
17. Discrimination by bodies in charge of educational establishments.
18. Other discrimination by local education authorities.
19. General duty in public sector of education.
Goods, facilities, services and premises
20. Discrimination in provision of goods, facilities or services.
21. Discrimination in disposal or management of premises.
22. Exception from ss. 20(1) and 21: small dwellings.
23. Further exceptions from ss. 20(1) and 21.
24. Discrimination: consent for assignment or sub-letting.
25. Discrimination: associations not within s. 11.
26. Exception from s. 25 for certain associations.
27. Extent of Part III.
Extent
PART IV
OTHER UNLAWFUL ACTS
28. Discriminatory practices.
29. Discriminatory advertisements.
30. Instructions to discriminate.
31. Pressure to discriminate.
32. Liability of employers and principals.
33. Aiding unlawful acts.
PART V
CHARITIES
34. Charities.
PART VI
GENERAL EXCEPTIONS FROM PARTS II TO IV
35. Special needs of racial groups in regard to education,
training or welfare.
36. Provision of education or training for persons not ordinarily
resident in Great Britain.
37. Discriminatory training by certain bodies.
38. Other discriminatory training etc.
39. Sports and competitions.
40. Indirect access to benefits etc.
41. Acts done under statutory authority etc.
42. Acts safeguarding national security.
Race Relations Act 1976 c. 74
PART VII
THE COMMISSION FOR RACIAL EQUALITY
General
Section
43. Establishment and duties of Commission.
44. Assistance to organisations.
45. Research and education.
46. Annual reports.
47. Codes of practice.
Codes of practice
Investigations
48.. Power to conduct formal investigations.
49. Terms of reference.
50. Power to obtain information.
51. Recommendations and reports on formal investigations.
52. Restriction on disclosure of information.
PART VIII
ENFORCEMENT
General
53. Restriction of proceedings for breach of Act.
Enforcement in employment field
54. Jurisdiction of industrial tribunals.
55. Conciliation in employment cases.
56. Remedies on complaint under s. 54.
Enforcement of Part III
57. Claims under Part III.
Non-discrimination notices
58. Issue of non-discrimination notice.
59. Appeal against non-discrimination notice.
60. Investigation as to compliance with non-discrimination
notice.
61. Register of non-discrimination notices.
Other enforcement by Commission
62. Persistent discrimination.
63. Enforcement of ss. 29 to 31.
64. Preliminary action in employment cases.
Help for persons suffering discrimination
65. Help for aggrieved persons in obtaining information etc.
66. Assistance by Commission.
iv c. 74 Race Relations Act 1976
Sheriff courts and designated county courts
Section
67. Sheriff courts and designated county courts.
Period within which proceedings to be brought
68. Period within which proceedings to be brought.
Evidence
69. Evidence.
PART IX
INCITEMENT TO RACIAL HATRED
70. Incitement to racial hatred.
PART X
SUPPLEMENTAL
71. Local authorities : general statutory duty.
72. Validity and revision of contracts.
73. Power to amend certain provisions of Act.
74. Orders and regulations.
75. Application to Crown etc.
76. Government appointments outside s. 4.
77. Financial provisions.
78. General interpretation provisions.
79. Transitional and commencement provisions, amendments
and repeals.
80. Short title and extent.
SCHEDULES :
Schedule 1-The Commission for Racial Equality.
Schedule 2-Transitional provisions.
Schedule 3-Minor and consequential amendments.
Schedule 4-Amendments of Sex Discrimination Act
1975.
Schedule 5-Repeals.
ELIZABETH II
Race Relations Act 1976
1976 CHAPTER 74
c. 74 1
An Act to make fresh provision with respect to discrimination
on racial grounds and relations between people
of different racial groups; and to make in the
Sex Discrimination Act 1975 amendments for bringing
provisions in that Act relating to its administration and
enforcement into conformity with the corresponding
provisions in this Act. [22nd November 1976]
B E IT ENACTED by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-
PART I
DISCRIMINATION To WHICH ACT APPLIES
1.-(1) A person discriminates against another in any circum- Racial
stances relevant for the purposes of any provision of this Act discrimination.
(a) on racial grounds he treats that other less favourably
than he treats or would treat other persons ; or
(b) he applies to that other a requirement or condition
which he applies or would apply equally to persons not
of the same racial group as that other but-
(i) which is such that the proportion of persons of
the same racial group as that other who can comply
with it is considerably smaller than the proportion of
persons not of that racial group who can comply
with it : and
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2
PART I
Discrimination
by way of
victimisation.
Meaning of " racial
grounds"
if racial group,"
etc.
c. 74 Race Relations Act 1976
(ii) which he cannot show to be justifiable irrespective
of the colour, race, nationality or ethnic or
national origins of the person to whom it is applied ;
and
(iii) which is to the detriment of that other because
he cannot comply with it.
(2) It is hereby declared that, for the purposes of this Act,
segregating a person from other persons on racial grounds is
treating him less favourably than they are treated.
2.-(1) A person (" the discriminator ") discriminates against
another person (" the person victimised ") in any circumstances
relevant for the purposes of any provision of this Act if he treats
the person victimised less favourably than in those circumstances
he treats or would treat other persons, and does so by reason
that the person victimised has-
(a) brought proceedings against the discriminator or any
other person under this Act ; or
(b) given evidence or information in connection with proceedings
brought by any person against the discriminator
or any other person under this Act ; or
(c) otherwise done anything under or by reference to this
Act in relation to the discriminator or any other person ;
or
(d) alleged that the discriminator or any other person has
committed an act which (whether or not the allegation
so states) would amount to a contravention of this Act,
or by reason that the discriminator knows that the person
victimised intends to do any of those things, or suspects that
the person victimised has done, or intends to do, any of them.
(2) Subsection (1) does not apply to treatment of a person by
reason of any allegation made by him if the allegation was false
and not made in good faith.
3.-(1) In this Act, unless the context otherwise requires-
" racial grounds " means any of the following grounds,
namely colour, race, nationality or ethnic or national
origins ;
" racial group " means a group of persons defined by reference
to colour, race, nationality or ethnic or national
origins, and references to a person's racial group refer
to any racial group into which he falls.
(2) The fact that a racial group comprises two or more distinct
racial groups does not prevent it from constituting a particular
racial group for the purposes of this Act.
Race Relations Act 1976 c. 74
(3) In this Act-
(a) references to discrimination refer to any discrimination
falling within section 1 or 2 ; and
(b) references to racial discrimination refer to any discrimination
falling within section 1,
and related expressions shall be construed accordingly.
(4) A comparison of the case of a person of a particular racial
group with that of a person not of that group under section 1(1)
must be such that the relevant circumstances in the one case are
the same, or not materially different, in the other.
PART I
3
PART II
DISCRIMINATION IN THE EMPLOYMENT FIELD
Discrimination by employers
4.-(1) It is unlawful for a person, in relation to employment Discrimination
against by him at an establishment in Great Britain, to discriminate applicants and
against another- employees.
(a) in the arrangements he makes for the purpose of determining
who should be offered that employment ; or
(b) in the terms on which he offers him that employment ;
or
(c) by refusing or deliberately omitting to offer him that
employment.
(2) It is unlawful for a person, in the case of a person employed
by him at an establishment in Great Britain, to discriminate
against that employee-
(a) in the terms of employment which he affords him ; or
(b) in the way he affords him access to opportunities for
promotion, transfer or training, or to any other benefits,
facilities or services, or by refusing or deliberately
omitting to afford him access to them ; or
(c) by dismissing him, or subjecting him to any other
detriment.
(3) Except in relation to discrimination falling within section
2, subsections (1) and (2) do not apply to employment for the
purposes of a private household.
(4) Subsection (2) does not apply to benefits, facilities or
services of any description if the employer is concerned with the
provision (for payment or not) of benefits, facilities or services
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4 c. 74 Race Relations Act 1976
PART II of that description to the public, or to a section of the public
comprising the employee in question, unless-
(a) that provision differs in a material respect from the
provision of the benefits, facilities or services by the
employer to his employees ; or
(b) the provision of the benefits, facilities or services to the
employee in question is regulated by his contract of
employment ; or
(c) the benefits, facilities or services relate to training.
Exceptions
for genuine
occupational
qualifications.
5.-(l) In relation to racial discrimination-
(a) section 4(1)(a) or (c) does not apply to any employment
where being of a particular racial group is a genuine
occupational qualification for the job ; and
(b) section 4(2)(b) does not apply to opportunities for promotion
or transfer to, or training for, such employment.
(2) Being of a particular racial group is a genuine occupational
qualification for a job only where-
(a) the job involves participation in a dramatic performance
or other entertainment in a capacity for which a person
of that racial group is required for reasons of authen.
ticity ; or
(b) the job involves participation as an artist's or photographic
model in the production of a work of art,
visual image or sequence of visual images for which a
person of that racial group is required for reasons of
authenticity ; or
(c) the job involves working in a place where food or drink
is (for payment or not) provided to and consumed by
members of the public or a section of the public in a
particular setting for which, in that job, a person of that
racial group is required for reasons of authenticity ;
or
(d) the holder of the job provides persons of that racial
group with personal services promoting their welfare,
and those services can most effectively be provided by
a person of that racial group.
(3) Subsection (2) applies where some only of the duties of the
job fall within paragraph (a), (b) (c) or (d) as well as where all
of them do.
(4) Paragraph (a), (b), (c) or (d) of subsection (2) does not apply
in relation to the filling of a vacancy at a time when
the employer already has employees of the racial group in
question-
(a) who are capable of carrying out the duties falling within
that paragraph ; and
Race Relations Act 1976 c. 74 5
(b) whom it would be reasonable to employ on those duties ; PART II
and
(c) whose numbers are sufficient to meet the employer's
likely requirements in respect of those duties without
undue inconvenience.
6. Nothing in section 4 shall render unlawful any act done Exception for
by an employer for the benefit of a person not ordinarily resident employment
in Great Britain in or in connection with employing him at an onded to
establishment in Great Britain, where the of that employpurpose
rnine ment is to provide him with training in training in skills which he appears skills to be to the employer to intend to exercise wholly outside Great Britain. exercised
outside Great
Britain.
7.---(I) This section applies to any work for a person (" the Discriminaprincipal
") which is available for doing by individuals (" con- tion against
tract workers ") who are employed not by the principal himself contract
but by another person, who supplies them under a contract made
workers.
with the principal.
(2) It is unlawful for the principal, in relation to work to
which this section applies, to discriminate against a contract
worker-
(a) in the terms on which he allows him to do that work ; or
(b) by not allowing him to do it or continue to do it ; or
(c) in the way he affords him access to any benefits, facilities
or services or by refusing or deliberately omitting
to afford him access to them ; or
(d) by subjecting him to any other detriment.
(3) The principal does not contravene subsection (2)(b) by
doing any act in relation to a person not of a particular racial
group at a time when, if the work were to be done by a person
taken into the principal's employment, being of that racial group
would be a genuine occupational qualification for the job.
(4) Nothing in this section shall render unlawful any act done
by the principal for the benefit of a contract worker not ordinarily
resident in Great Britain in or in connection with allowing him
to do work to which this section applies, where the purpose of
his being allowed to do that work is to provide him with training
in skills which he appears to the principal to intend to exercise
wholly outside Great Britain.
(5) Subsection (2)(c) does not apply to benefits, facilities or
services of any description if the principal is concerned with
the provision (for payment or not) of benefits, facilities or services
of that description to the public, or to a section of the
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6 c. 74 Race Relations Act 1976
PART II public to which the contract worker in question belongs, unless
that provision differs in a material respect from the provision of
the benefits, facilities or services by the principal to his contract
workers.
Meaning of
employment at
establishment
in Great
Britain.
1964 c. 29.
8.-(1) For the purposes of this Part (" the relevant purposes
"), employment is to be regarded as being at an establishment
in Great Britain unless the employee does his work wholly
or mainly outside Great Britain.
(2) In relation to-
(a) employment on board a ship registered at a port of
registry in Great Britain ; or
(b) employment on an aircraft or hovercraft registered in
the United Kingdom and operated by a person who
has his principal place of business, or is ordinarily
resident, in Great Britain, other than an aircraft or
hovercraft while so operated in pursuance of a contract
with a person who has his principal place of business,
or is ordinarily resident, outside the United Kingdom,
subsection (1) shall have effect as if the words " or mainly " were
omitted.
(3) In the case of employment on board a ship registered at a
port of registry in Great Britain (except where the employee does
his work wholly outside Great Britain) the ship shall for the
relevant purposes be deemed to be the establishment.
(4) Where work is not done at an establishment it shall be
treated for the relevant purposes as done at the establishment
from which it is done or (where it is not done from any establishment)
at the establishment with which it has the closest
connection.
(5) In relation to employment concerned with exploration of
the sea bed or subsoil or the exploitation of their natural
resources, Her Majesty may by Order in Council provide that
subsections (1) to (3) shall have effect as if in both subsection
(1) and subsection (3) the last reference to Great Britain included
any area for the time being designated under section 1(7) of
the Continental Shelf Act 1964, except an area or part of an
area in which the law of Northern Ireland applies.
(6) An Order in Council under subsection (5) may provide
that, in relation to employment to which the Order applies, this
Part is to have effect with such modifications as are specified
in the Order.
(7) An Order in Council under subsection (5) shall be of no
effect unless a draft of the Order has been laid before and
approved by resolution of each House of Parliament.
Race Relations Act 1976 c. 74 7
9.-(1) Nothing in section 4 shall render unlawful any act done PART II
by an employer in or in connection with employment by him Exception for
on any ship in the case of a person who applied or was engaged seamen
for that employment outside Great Britain. recruited
abroad.
(2) Nothing in section 7 shall, as regards work to which that
section applies, render unlawful any act done by the principal
in or in connection with such work on any ship in the case of
a contract worker who was engaged outside Great Britain by the
person by whom he is supplied.
(3) Subsections (1) and (2) do not apply to employment or
work concerned with exploration of the sea bed or subsoil or
the exploitation of their natural resources in any area for the
time being designated under section 1(7) of the Continental Shelf 1964 c. 29.
Act 1964, not being an area or part of an area in which the law
of Northern Ireland applies.
(4) For the purposes of subsection (1) a person brought to
Great Britain with a view to his entering into an agreement in
Great Britain to be employed on any ship shall be treated as
having applied for the employment outside Great Britain.
Discrimination by other bodies
1e.-(1) It is unlawful for a firm consisting of six or more
partners, in relation to a position as partner in the firm, to
discriminate against a person-
(a) in the arrangements they make for the purpose of determining
who should be offered that position ; or
(b) in the terms on which they offer him that position ; or
(c) by refusing or deliberately omitting to offer him that
position ; or
(d) in a case where the person already holds that position-
(i) in the way they afford him access to any
benefits, facilities or services, or by refusing or
deliberately omitting to afford him access to them ;
or
(ii) by expelling him from that position, or subjecting
him to any other detriment.
(2) Subsection (1) shall apply in relation to persons proposing
to form themselves into a partnership as it applies in relation
to a firm.
(3) Subsection (1) (a) and (c) do not apply to a position as
partner where, if it were employment, being of a particular
racial group would be a genuine occupational qualification for
the job.
Partnerships.
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8 c. 74 Race Relations Act 1976
PART n (4) In the case of a limited partnership references in this
section to a partner shall be construed as references to a general
1907 c. 24. partner as defined in section 3 of the Limited Partnerships Act
1907.
Trade 11.-(1) This section applies to an organisation of workers,
unions etc. an organisation of employers, or any other organisation whose
members carry on a particular profession or trade for the
purposes of which the organisation exists.
(2) It is unlawful for an organisation to which this section
applies, in the case of a person who is not a member of the
organisation, to discriminate against him-
(a) in the terms on which it is prepared to admit him to
membership ; or
(b) by refusing, or deliberately omitting to accept, his
application for membership.
(3) It is unlawful for an organisation to which this section
applies, in the case of a person who is a member of the organisation,
to discriminate against him-
(a) in the way it affords him access to any benefits, facilities
or services, or by refusing or deliberately omitting to
afford him access to them ; or
(b) by depriving him of membership, or varying the terms
on which he is a member ; or
(c) by subjecting him to any other detriment.
Qualifying
bodies.
12.-(1) It is unlawful for an authority or body which can
confer an authorisation or qualification which is needed for, or
facilitates, engagement in a particular profession or trade to
discriminate against a person-
(a) in the terms on which it is prepared to confer on him
that authorisation or qualification ; or
(b) by refusing, or deliberately omitting to grant, his application
for it ; or
(c) by withdrawing it from him or varying the terms on
which he holds it.
(2) In this section-
(a) " authorisation or qualification " includes recognition,
registration, enrolment, approval and certification ;
(b) " confer " includes renew or extend.
(3) Subsection (1) does not apply to discrimination which is
rendered unlawful by section 17 or 18.
Race Relations Act 1976 c. 74 9
13.-(l) It is unlawful for a person to whom this subsection PART II
applies, in the case of an individual seeking or undergoing vocational
training which would help to fit him for any employment, to training
discriminate against him- bodies.
(a) in the terms on which that person affords him access to
any training courses or other facilities ; or
(b) by refusing or deliberately omitting to afford him such
access ; or
(c) by terminating his training.
(2) Subsection (1) applies to-
(a) industrial training boards established under section 1
of the Industrial Training Act 1964; 1964 c. 16.
(b) the Manpower Services Commission, the Employment
Service Agency, and the Training Services Agency ;
(c) any association which comprises employers and has as
its principal object, or one of its principal objects,
affording their employees access to training facilities ;
(d) any other person providing facilities for training for
employment, being a person designated for the purposes
of this paragraph in an order made by the
Secretary of State.
(3) Subsection (1) does not apply to discrimination which is
rendered unlawful by section 17 or 18.
14.-(1) It is unlawful for an employment agency to dis- Employment
criminate against a person- agencies.
(a) in the terms on which the agency offers to provide any
of its services ; or
(b) by refusing or deliberately omitting to provide any of its
services ; or
(c) in the way it provides any of its services.
(2) It is unlawful for a local education authority or an
education authority to do any act in the performance of its
functions under section 8 of the Employment and Training 1973 c. 50.
Act 1973 which constitutes discrimination.
(3) References in subsection (1) to the services of an employment
agency include guidance on careers and any other services
related to employment.
(4) This section does not apply if the discrimination only
concerns employment which the employer could lawfully refuse
to offer the person in question.
(5) An employment agency or local education authority or an
education authority shall not be subject to any liability under
this section if it proves-
(a) that it acted in reliance on a statement made to it by
the employer to the effect that, by reason of the
10
PART II
Manpower
Services
Commission
etc.
1973 c. 50.
c. 74 Race Relations Act 1976
operation of subsection (4), its action would not be
unlawful ; and
(b) that it was reasonable for it to rely on the statement.
(6) A person who knowingly or recklessly makes a statement
such as is referred to in subsection (5)(a) which in a material
respect is false or misleading commits an offence, and shall be
liable on summary conviction to a fine not exceeding £400.
15.-(1) It is unlawful for any of the following bodies to
discriminate in the provision of facilities or services under
section 2 of the Employment and Training Act 1973-
(a) the Manpower Services Commission ;
(b) the Employment Service Agency ;
(c) the Training Services Agency.
(2) This section does not apply in a case where-
(a) section 13 applies ; or
(b) the body is acting as an employment agency.
Police
Police. 16.-(1) For the purposes of this Part, the holding of the
office of constable shall be treated as employment-
(a) by the chief officer of police as respects any act done by
him in relation to a constable or that office ;
(b) by the police authority as respects any act done by
them in relation to a constable or that office.
(2) There shall be paid out of the police fund-
(a) any compensation, costs or expenses awarded against a
chief officer of police in any proceedings brought
against him under this Act, and any costs or expenses
incurred by him in any such proceedings so far as not
recovered by him in the proceedings ; and
(b) any sum required by a chief officer of police for the
settlement of any claim made against him under this
Act if the settlement is approved by the police authority.
(3) Any proceedings under this Act which, by virtue of subsection
(1), would lie against a chief officer of police shall be
brought against the chief officer of police for the time being or,
in the case of a vacancy in that office, against the person for the
time being performing the functions of that office ; and references
in subsection (2) to the chief officer of police shall be
construed accordingly.
(4) Subsection (1) applies to a police cadet and appointment
as a police cadet as it applies to a constable and the office of
constable.
Race Relations Act 1976 c. 74 11
(5) In this section- PART II
" chief officer of police "-
(a) in relation to a person appointed, or an appointment
falling to be made, under a specified Act, has
the same meaning as in the Police Act,
(b) in relation to any other person or appointment,
means the officer who has the direction and control
of the body of constables or cadets in question ;
" the Police Act " means, for England and Wales, the Police 1964 c. 48.
Act 1964 or, for Scotland, the Police (Scotland) Act 1967 c. 77.
1967 ;
" police authority "-
(a) in relation to a person appointed, or an
appointment falling to be made, under a specified
Act, has the same meaning as in the Police Act,
(b) in relation to any other person or appointment,
means the authority by whom the person in question
is or on appointment would be paid ;
" police cadet " means any person appointed to undergo
training with a view to becoming a constable ;
" police fund " in relation to a chief officer of police within
paragraph (a) of the above definition of that term
has the same meaning as in the Police Act, and in any
other case means money provided by the police
authority ;
" specified Act " means the Metropolitan Police Act 1829, 1829 c. 44.
the City of London Police Act 1839 or the Police Act. 1839 c. xciv.
PART III
DISCRIMINATION IN OTHER FIELDS
Education
17. It is unlawful, in relation to an educational establish- Discriminament
falling within column 1 of the following table, for a person on by bodies
indicated in relation to the establishment in column 2 (the in charge of
responsible body ") to discriminate against a personeducational
establish.
(a) in the terms on which it offers to admit him to the ments.
establishment as a pupil ; or
(b) by refusing or deliberately omitting to accept an application
for his admission to the establishment as a pupil ;
or
(c) where he is a pupil of the establishment-
(i) in the way it affords him access to any benefits,
facilities or services, or by refusing or deliberately
omitting to afford him access to them ; or
(ii) by excluding him from the establishment or
subjecting him to any other detriment.
12 c. 74 Race Relations Act 1976
PART III
1975 c. 65.
TABLE
ENGLAND AND WALES
Establishment Responsible body
1. Educational establishment Local education authority or
maintained by a local educa- managers or governors,
tion authority. according to which of them
authority.
4. University.
has the function in question.
Proprietor.
3. Special school not main- Proprietor.
tained by a local education
2. Independent school not
being a special school.
Governing body.
5. Establishment (not fall- Governing body.
ing within paragraphs 1 to 4)
providing full-time or part-time
education, being an establishment
designated under section
24(1) of the Sex Discrimination
Act 1975 for the purposes of
paragraph 5 of the corresponding
table in section 22 of that
Act.
SCOTLAND
6. Educational establishment Education authority.
managed by an education
authority.
7. Educational establishment Managers of the educational
in respect of which the establishment.
managers are for the time being
receiving grants under section
1962 c. 47. 75 (c) or (d) of the Education
(Scotland) Act 1962.
8. University. . Governing body.
9. Independent school. Proprietor.
10. Any other educational Managers of the educational
establishment (not falling establishment.
within paragraphs 6, 7 and 9)
providing full or part-time
school education or further
education.
Race Relations Act 1976 c. 74 13
18.-(1) It is unlawful for a local education authority, in PART III
carrying out such of its functions under the Education Acts 1944 Other
to 1975 as do not fall under section 17, to do any act which discrimination
constitutes racial discrimination. by local
education
(2) It is unlawful for an education authority, in carrying out authorities.
such of its functions under the Education (Scotland) Acts 1939
to 1974 as do not fall under section 17, to do any act which
constitutes racial discrimination.
19.-(1) Without prejudice to its obligation to comply with General duty
any other provision of this Act, a body to which this subsection in public
applies shall be under a general duty to secure that facilities for sector
tY education.
education provided by it, and any ancillary benefits or services,
are provided without racial discrimination.
(2) The following provisions of the Education Act 1944, 1944 c. 31.
namely-
(a) section 68 (power of Secretary of State to require duties
under that Act to be exercised reasonably) ; and
(b) section 99 (powers of Secretary of State where local
education authorities etc. are in default),
shall apply to the performance by a body to which subsection
(1) applies of the duties imposed by sections 17 and 18, and shall
also apply to the performance of the general duty imposed by
subsection (1), as they apply to the performance by a local
education authority of a duty imposed by that Act.
(3) Section 71 of the Education (Scotland) Act 1962 (power 1962 c. 47.
of the Secretary of State to require duties in that Act to be
exercised) shall apply to the performance by a body to which
subsection (1) applies of the duties imposed by sections 17 and
18, and shall also apply to the performance of the general duty
imposed by subsection (1), as the said section 71 applies to the
performance by an education authority of a duty imposed by that
Act.
(4) The sanctions in subsections (2) and (3) shall be the only
sanctions for breach of the general duty in subsection (1), but
without prejudice to the enforcement of sections 17 and 18
under section 57 or otherwise (where the breach is also a contravention
of either of those sections).
(5) The Secretary of State shall have the power to cause a
local inquiry to be held under section 68 of the Education (Scotland)
Act 1962 into any matter arising from subsection (3).
(6) Subsection (1) applies to-
(a) local education authorities in England and Wales ;
(b) education authorities in Scotland ;
14 c. 74 Race Relations Act 1976
PART III (c) any other body which is a responsible body in relation
to-
(o) an establishment falling within paragraph 1, 3
or 7 of the table in section 17 ;
(ii) an establishment designated under section
1975 C. 65. 24(1) of the Sex Discrimination Act 1975 as falling
within paragraph (a) or (c) of section 24(2) of that
Act ;
(iii) an establishment designated under the said
section 24(1) as falling within paragraph (b) of
the said section 24(2) where the grants in question
1944 c. 31. are payable under section 100 of the Education Act
1944.
Discrimination
in
provision of
goods,
facilities or
services.
Goods, facilities, services and premises
20. (1) It is unlawful for any person concerned with the
provision (for payment or not) of goods, facilities or services to
the public or a section of the public to discriminate against a
person who seeks to obtain or use those goods, facilities or
services-
(a) by refusing or deliberately omitting to provide him
with any of them ; or
(b) by refusing or deliberately omitting to provide him with
goods, facilities or services of the like quality, in the
like manner and on the like terms as are normal in
the first-mentioned person's case in relation to other
members of the public or (where the person so seeking
belongs to a section of the public) to other members
of that section.
(2) The following are examples of the facilities and services
mentioned in subsection (1)-
(a) access to and use of any place which members of the
public are permitted to enter ;
(b) accommodation in a hotel, boarding house or other
similar establishment ;
(c) facilities by way of banking or insurance or for grants,
loans, credit or finance ;
(d) facilities for education ;
(e) facilities for entertainment, recreation or refreshment ;
(f) facilities for transport or travel ;
(g) the services of any profession or trade, or any local
or other public authority.
Race Relations Act 1976 c. 74 15
21.-(1) It is unlawful for a person, in relation to premises in PART III
Great Britain of which he has power to dispose, to discriminate Discriminaagainst
another- tion in
(a) in the terms on which he offers him those ; or disposal or
premises management
(b) by refusing his application for those premises ; or of premises.
(c) in his treatment of him in relation to any list of persons
in need of premises of that description.
(2) It is unlawful for a person, in relation to premises managed
by him, to discriminate against a person occupying the
premises-
(a) in the way he affords him access to any benefits or
facilities, or by refusing or deliberately omitting to
afford him access to them ; or
(b) by evicting him, or subjecting him to any other detriment.
(3) Subsection (1) does not apply to a person who owns an
estate or interest in the premises and wholly occupies them unless
he uses the services of an estate agent for the purposes of the
disposal of the premises, or publishes or causes to be published
an advertisement in connection with the disposal.
22.-(1) Sections 20(1) and 21 do not apply to the provision Exception
by a person of accommodation in any premises, or the disposal from ss. 20(1)
of premises by him, if- and
21: small
dwellings.
(a) that person or a near relative of his (" the relevant
occupier ") resides, and intends to continue to reside,
on the premises ; and
(b) there is on the premises, in addition to the accommodation
occupied by the relevant occupier, accommodation
(not being storage accommodation or means of
access) shared by the relevant occupier with other
persons residing on the premises who are not members
of his household ; and
(c) the premises are small premises.
(2) Premises shall be treated for the purposes of this section
as small premises if-
(a) in the case of premises comprising residential accommodation
for one or more households (under separate
letting or similar agreements) in addition to the
accommodation occupied by the relevant occupier,
there is not normally residential accommodation for
more than two such households and only the relevant
occupier and any member of his household reside in
the accommodation occupied by him ;
16 c. 74 Race Relations Act 1976
PART III (b) in the case of premises not falling within paragraph (a),
there is not normally residential accommodation on the
premises for more than six persons in addition to the
relevant occupier and any members of his household.
Further 23.-(1) Sections 20(1) and 21 do not applyexceptions
from ss
(a) to discrimination which is rendered unlawful by any
.
20(1) and 21. provision of Part II or section 17 or 18 ; or
(b) to discrimination which would be rendered unlawful by
any provision of Part II but for any of the following
provisions, namely sections 4(3), 5(l)(b), 6, 7(4), 9 and
14(4).
(2) Section 20(1) does not apply to anything done by a person
as a participant in arrangements under which he (for reward
or not) takes into his home, and treats as if they were members
of his family, children, elderly persons, or persons requiring a
special degree of care and attention.
Discrimination:
consent
for assignment
or sub-letting.
24.-(1) Where the licence or consent of the landlord or of
any other person is required for the disposal to any person of
premises in Great Britain comprised in a tenancy, it is unlawful
for the landlord or other person to discriminate against a person
by withholding the licence or consent for disposal of the premises
to him.
(2) Subsection (1) does not apply if-
(a) the person withholding a licence or consent, or a near
relative of his (" the relevant occupier ") resides, and
intends to continue to reside, on the premises ; and
(b) there is on the premises, in addition to the accommodation
occupied by the relevant occupier, accommodation
(not being storage accommodation or means of
access) shared by the relevant occupier with other
persons residing on the premises who are not members
of his household ; and
(c) the premises are small premises.
(3) Section 22(2) (meaning of " small premises ") shall apply
for the purposes of this as well as of that section.
(4) In this section " tenancy " means a tenancy created by a
lease or sub-lease, by an agreement for a lease or sub-lease or
by a tenancy agreement or in pursuance of any enactment ; and " disposal ", in relation to premises comprised in a tenancy,
includes assignment or assignation of the tenancy and sub-letting
or parting with possession of the premises or any part of the
premises.
(5) This section applies to tenancies created before the passing
of this Act, as well as to others.
Race Relations Act 1976 c. 74
25.-(1) This section applies to any association of persons PART III
(however described, whether corporate or unincorporate, and Discriminawhether
or not its activities are carried on for profit) if- tion:
associations
(a) it has twenty-five or more members ; and not within
(b) admission to membership is regulated by its constitution
and is so conducted that the members do not constitute
a section of the public within the meaning of section
20(1) ; and
(c) it is not an organisation to which section 11 applies.
(2) It is unlawful for an association to which this section
applies, in the case of a person who is not a member of the
association, to discriminate against him-
(a) in the terms on which it is prepared to admit him to
membership ; or
(b) by refusing or deliberately omitting to accept his application
for membership.
(3) It is unlawful for an association to which this section
applies, in the case of a person who is a member or associate of
the association, to discriminate against him-
(a) in the way it affords him access to any benefits, facilities
or services, or by refusing or deliberately omitting to
afford him access to them ; or
(b) in the case of a member, by depriving him of membership,
or varying the terms on which he is a member ; or
(c) in the case of an associate, by depriving him of his
rights as an associate, or varying those rights ; or
(d) in either case, by subjecting him to any other detriment.
(4) For the purposes of this section-
(a) a person is a member of an association if he belongs
to it by virtue of his admission to any sort of membership
provided for by its constitution (and is not merely
a person with certain rights under its constitution by
virtue of his membership of some other association),
and references to membership of an association shall be
construed accordingly ;
(b) a person is an associate of an association to which this
section applies if, not being a member of it, he has
under its constitution some or all of the rights enjoyed
by members (or would have apart from any provision
in its constitution authorising the refusal of those rights
in particular cases).
S. 11.
17
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18 c. 74 Race Relations Act 1976
PART III 26.--(1) An association to which section 25 applies is within
Exception this subsection if the main object of the association is to enable
from s. 25 the benefits of membership (whatever they may be) to be
for certain enjoyed by persons of a particular racial group defined otherwise
associations. than by reference to colour ; and in determining whether that is
the main object of an association regard shall be had to the
essential character of the association and to all relevant circumstances
including, in particular, the extent to which the affairs
of the association are so conducted that the persons primarily
enjoying the benefits of membership are of the racial group in
question.
(2) In the case of an association within subsection (1), nothing
in section 25 shall render unlawful any act not involving discrimination
on the ground of colour.
Extent
Extent of 27.-(1) Sections 17 to 19 do not apply to benefits, facilities or
Part III. services outside Great Britain except-
(a) travel on a ship registered at a port of registry in Great
Britain ; and
(b) benefits, facilities or services provided on a ship so
registered.
(2) Section 20(1)-
(a) does not apply to goods, facilities or services outside
Great Britain except as provided in subsections (3) and
(4) ; and
(b) does not apply to facilities by way of banking or insurance
or for grants, loans, credit or finance, where the
facilities are for a purpose to be carried out, or in
connection with risks wholly or mainly arising, outside
Great Britain.
(3) Section 20(1) applies to the provision of facilities for travel
outside Great Britain where the refusal or omission occurs in
Great Britain or on a ship, aircraft or hovercraft within subsection
(4).
(4) Section 20(1) applies on and in relation to-
(a) annyydship registered at a port of registry in Great Britain ;
(b) any aircraft or hovercraft registered in the United Kingdom
and operated by a person who has his principal
place of business, or is ordinarily resident, in Great
Britain,
even if the ship, aircraft or hovercraft is outside Great Britain.
(5) This section shall not render unlawful an act done in or
over a country outside the United Kingdom, or in or over that
country's territorial waters, for the purpose of complying with
the laws of that country.
Race Relations Act 1976 c. 74 19
PART IV
OTHER UNLAWFUL ACTS
28.-(1) In this section " discriminatory practice " means the Discriminaapplication
of a requirement or condition which results in an tory practices.
act of discrimination which is unlawful by virtue of any provision
of Part II or III taken with section 1(1)(b), or which would be
likely to result in such an act of discrimination if the persons
to whom it is applied included persons of any particular racial
group as regards which there has been no occasion for applying
it.
(2) A person acts in contravention of this section if and so
long as-
(a) he applies a discriminatory practice ; or
(b) he operates practices or other arrangements which in any
circumstances would call for the application by him of
a discriminatory practice.
(3) Proceedings in respect of a contravention of this section
shall be brought only by the Commission in accordance with
sections 58 to 62.
29.-(1) It is unlawful to publish or to cause to be published Discriminatory
an advertisement which indicates, or might reasonably be under- advertisements.
stood as indicating, an intention by a person to do an act of
discrimination, whether the doing of that act by him would be
lawful or, by virtue of Part II or III, unlawful.
(2) Subsection (1) does not apply to an advertisement-
(a) if the intended act would be lawful by virtue of any of
sections 5, 6, 7(3) and (4), 10(3), 26, 34(2)(b), 35 to
39 and 41; or
(b) if the advertisement relates to the services of an employment
agency (within the meaning of section 14(1)) and
the intended act only concerns employment which the
employer could by virtue of section 5, 6 or 7(3) or (4)
lawfully refuse to offer to persons against whom the
advertisement indicates an intention to discriminate.
(3) Subsection (1) does not apply to an advertisement which
indicates that persons of any class defined otherwise than by
reference to colour, race or ethnic or national origins are
required for employment outside Great Britain.
(4) The publisher of an advertisement made unlawful by subsection
(1) shall not be subject to any liability under that subsection
in respect of the publication of the advertisement if he
proves-
(a) that the advertisement was published in reliance on a
statement made to him by the person who caused it
A7
20
PART IV
Instructions to
discriminate.
Pressure to
discriminate.
Liability of
employers and
principals.
c. 74 Race Relations Act 1976
to be published to the effect that, by reason of the
operation of subsection (2) or (3), the publication
would not be unlawful ; and
(b) that it was reasonable for him to rely on the statement.
(5) A person who knowingly or recklessly makes a statement
such as is mentioned in subsection (4)(a) which in a material
respect is false or misleading commits an offence, and shall be
liable on summary conviction to a fine not exceeding £400.
30. It is unlawful for a person-
(a) who has authority over another person ; or
(b) in accordance with whose wishes that other person is
accustomed to act,
to instruct him to do any act which is unlawful by virtue of
Part II or III, or procure or attempt to procure the doing by him
of any such act.
31.-(1) It is unlawful to induce, or attempt to induce, a
person to do any act which contravenes Part II or M.
(2) An attempted inducement is not prevented from falling
within subsection (1) because it is not made directly to the
person in question, if it is made in such a way that he is likely
to hear of it.
32.-(1) Anything done by a person in the course of his
employment shall be treated for the purposes of this Act (except
as regards offences thereunder) as done by his employer as well
as by him, whether or not it was done with the employer's
knowledge or approval.
(2) Anything done by a person as agent for another person
with the authority (whether express or implied, and whether
precedent or subsequent) of that other person shall be treated
for the purposes of this Act (except as regards offences thereunder)
as done by that other person as well as by him.
(3) In proceedings brought under this Act against any person
in respect of an act alleged to have been done by an employee
of his it shall be a defence for that person to prove that he took
such steps as were reasonably practicable to prevent the employee
from doing that act, or from doing in the course of his employment
acts of that description.
Aiding 33.-(1) A person who knowingly aids another person to do an
unlawful act made unlawful by this Act shall be treated for the purposes acts. of this Act as himself doing an unlawful act of the like
description.
Race Relations Act 1976 c. 74 21
(2) For the purposes of subsection (1) an employee or agent for PART IV
whose act the employer or principal is liable under section
32 (or would be so liable but for section 32(3)) shall be deemed
to aid the doing of the act by the employer or principal.
(3) A person does not under this section knowingly aid another
to do an unlawful act if-
(a) he acts in reliance on a statement made to him by that
other person that, by reason of any provision of this
Act, the act which he aids would not be unlawful ;
and
(b) it is reasonable for him to rely on the statement.
(4) A person who knowingly or recklessly makes a statement
such as is mentioned in subsection (3)(a) which in a material
respect is false or misleading commits an offence, and shall be
liable on summary conviction to a fine not exceeding £400.
PART V
CHARITIES
34.-(l) A provision which is contained in a charitable instru- Charities.
ment (whenever that instrument took or takes effect) and which
provides for conferring benefits on persons of a class defined
by reference to colour shall have effect for all purposes as if
it provided for conferring the like benefits-
(a) on persons of the class which results if the restriction by
reference to colour is disregarded ; or
(b) where the original class is defined by reference to
colour only, on persons generally ;
but nothing in this subsection shall be taken to alter the effect
of any provision as regards any time before the coming into
operation of this subsection.
(2) Nothing in Parts II to IV shall-
(a) be construed as affecting a provision to which this subsection
applies ; or
(b) render unlawful an act which is done in order to give
effect to such a provision.
(3) Subsection (2) applies to any provision which is contained
in a charitable instrument (whenever that instrument took or
takes effect) and which provides for conferring benefits on
persons of a class defined otherwise than by reference to colour
(including a class resulting from the operation of subsection (1)).
(4) In this section " charitable instrument " means an
enactment or other instrument passed or made for charitable
purposes, or an enactment or other instrument so far as it relates
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22 c. 74 Race Relations Act 1976
PART V to charitable purposes, and in Scotland includes the governing
instrument of an endowment or of an educational endowment as
1962 c. 47. those expressions are defined in section 135(1) of the Education
(Scotland) Act 1962.
In the application of this section to England and Wales,
" charitable purposes " means purposes which are exclusively
charitable according to the law of England and Wales.
Special needs
of racial
groups in
regard to
education,
training or
welfare.
Provision of
education or
training for
persons not
ordinarily
resident in
Great Britain.
PART VI
GENERAL EXCEPTIONS FRAM PARTS II TO IV
35. Nothing in Parts II to IV shall render unlawful any act
done in affording persons of a particular racial group access
to facilities or services to meet the special needs of persons of that
group in regard to their education, training or welfare, or any
ancillary benefits.
36. Nothing in Parts II to IV shall render unlawful any act
done by a person for the benefit of persons not ordinarily resident
in Great Britain in affording them access to facilities for education
or training or any ancillary benefits, where it appears to
him that the persons in question do not intend to remain in
Great Britain after their period of education or training there.
Discriminatory 37.-(1) Nothing in Parts II to IV shall render unlawful any
training by act done in relation to particular work by a training body in or certain bodies. in connection with-
(a) affording only persons of a particular racial group
access to facilities for training which would help to fit
them for that work ; or
(b) encouraging only persons of a particular racial group
to take advantage of opportunities for doing that work,
where it appears to the training body that at any time within
the twelve months immediately preceding the doing of the act
(i) there were no persons of that group among those doing
that work in Great Britain ; or
(ii) the proportion of persons of that group among those
doing that work in Great Britain was small in comparison
with the proportion of persons of that group
among the population of Great Britain.
(2) Where in relation to particular work it appears to a training
body that although the condition for the operation of subsection
(1) is not met for the whole of Great Britain it is met
Race Relations Act 1976 c. 74 23
for an area within Great Britain, nothing in Parts II to IV shall PART VI
render unlawful any act done by the training body in or in
connection with-
(a) affording persons who are of the racial group in question,
and who appear likely to take up that work in
that area, access to facilities for training which would
help to fit them for that work ; or
(b) encouraging persons of that group to take advantage
of opportunities in the area for doing that work.
(3) In this section " training body " means-
(a) a person mentioned in section 13(2)(a) or (b) ; or
(b) any other person being a person designated for the
purposes of this section in an order made by the
Secretary of State.
38.-(1) Nothing in Parts II to IV shall render unlawful any Other
act done by an employer in relation to particular work in his discriminatory
employment at a particular establishment in Great Britain, being training etc.
an act done in or in connection with-
(a) affording only those of his employees working at that
establishment who are of a particular racial group
access to facilities for training which would help to fit
them for that work ; or
(b) encouraging only persons of a particular racial group
to take advantage of opportunities for doing that work
at that establishment,
where any of the conditions in subsection (2) was satisfied at
any time within the twelve months immediately preceding the
doing of the act.
(2) Those conditions are-
(a) that there are no persons of the racial group in question
among those doing that work at that establishment
; or
(b) that the proportion of persons of that group among
those doing that work at that establishment is small
in comparison with the proportion of persons of that
group-
(i) among all those employed by that employer
there ; or
(ii) among the population of the area from which
that employer normally recruits persons for work
in his employment at that establishment.
A9
24 c. 74 Race Relations Act 1976
PART VI (3) Nothing in section 11 shall render unlawful any act done
by an organisation to which that section applies in or in connection
with-
(a) affording only members of the organisation who are of a
particular racial group access to facilities for training
which would help to fit them for holding a post of
any kind in the organisation ; or
(b) encouraging only members of the organisation who are
of a particular racial group to take advantage of
opportunities for holding such posts in the organisation,
where either of the conditions in subsection (4) was satisfied
at any time within the twelve months immediately preceding the
doing of the act.
(4) Those conditions are-
(a) that there are no persons of the racial group in question
among persons holding such posts in that
organisation ; or
(b) that the proportion of persons of that group among
those holding such posts in that organisation is small
in comparison with the proportion of persons of that
group among the members of the organisation.
(5) Nothing in Parts II to IV shall render unlawful any act
done by an organisation to which section 11 applies in or in
connection with encouraging only persons of a particular
racial group to become members of the organisation where
at any time within the twelve months immediately preceding the
doing of the act-
(a) no persons of that group were members of the organisation
; or
(b) the proportion of persons of that group among members
of the organisation was small in comparison with the
proportion of persons of that group among those
eligible for membership of the organisation.
(6) Section 8 (meaning of employment at establishment in
Great Britain) shall apply for the purposes of this section as if
this section were contained in Part II.
Sports and 39. Nothing in Parts II to IV shall render unlawful any act
competitions. whereby a person discriminates against another on the basis of
that other's nationality or place of birth or the length of time
for which he has been resident in a particular area or place,
if the act is done-
(a) in selecting one or more persons to represent a country,
place or area, or any related association, in any sport or
game ; or
(b) in pursuance of the rules of any competition so far
as they relate to eligibility to compete in any sport
or game.
Race Relations Act 1976 c. 74 25
40.-(1) References in this Act to the affording by any person PART VI
of access to benefits, facilities or services are not limited to Indirect
benefits, facilities or services provided by that person himself, access to
but include any means by which it is in that person's power to benefits etc.
facilitate access to benefits, facilities or services provided by any
other person (the " actual provider ").
(2) Where by any provision of this Act the affording by any
person of access to benefits, facilities or services in a discriminatory
way is in certain circumstances prevented from being
unlawful, the effect of the provision shall extend also to the
liability under this Act of any actual provider.
41.-(1) Nothing in Parts II to IV shall render unlawful any Acts done
act of discrimination done- under statutory
authority etc.
(a) in pursuance of any enactment or Order in Council ; or
(b) in pursuance of any instrument made under any enactment
by a Minister of the Crown ; or
(c) in order to comply with any condition or requirement
imposed by a Minister of the Crown (whether before
or after the passing of this Act) by virtue of any enactment.
References in this subsection to an enactment, Order in
Council or instrument include an enactment, Order in Council
or instrument passed or made after the passing of this Act.
(2) Nothing in Parts II to IV shall render unlawful any act
whereby a person discriminates against another on the basis
of that other's nationality or place of ordinary residence or the
length of time for which he has been present or resident in or
outside the United Kingdom or an area within the United
Kingdom, if that act is done-
(a) in pursuance of any arrangements made (whether before
or after the passing of this Act) by or with the approval
of, or for the time being approved by, a Minister of the
Crown ; or
(b) in order to comply with any condition imposed (whether
before or after the passing of this Act) by a Minister
of the Crown.
42. Nothing in Parts II to IV shall render unlawful an act Acts
done for the purpose of safeguarding national security. safeguarding
national
secu=ri=ty.
26
PART VII
Establishment
and duties of
Commission.
c. 74 Race Relations Act 1976
PART VII
THE COMMISSION FOR RACIAL EQUALITY
General
43.-(1) There shall be a body of Commissioners named the
Commission for Racial Equality consisting of at least eight but
not more than fifteen individuals each appointed by the Secretary
of State on a full-time or part-time basis, which shall have the
following duties-
(a) to work towards the elimination of discrimination ;
(b) to promote equality of opportunity, and good relations,
between persons of different racial groups generally ;
and
(c) to keep under review the working of this Act and, when
they are so required by the Secretary of State or otherwise
think it necessary, draw up and submit to the
Secretary of State proposals for amending it.
(2) The Secretary of State shall appoint-
(a) one of the Commissioners to be chairman of the Commission
; and
(b) either one or more of the Commissioners (as the Secretary
of State thinks fit) to be deputy chairman or
deputy chairmen of the Commission.
(3) The Secretary of State may by order amend subsection
(1) so far as it regulates the number of Commissioners.
(4) Schedule 1 shall have effect with respect to the Commis.
sion.
(5) The Race Relations Board and the Community Relations
Commission are hereby abolished.
Assistance to 44.-(1) The Commission may give financial or other assistorganisations.
ance to any organisation appearing to the Commission to be
concerned with the promotion of equality of opportunity, and
good relations, between persons of different racial groups, but
shall not give any such financial assistance out of money provided
(through the Secretary of State) by Parliament except with
the approval of the Secretary of State given with the consent of
the Treasury.
(2) Except in so far as other arrangements for their discharge
are made and approved under paragraph 13 of Schedule 1-
(a) the Commission's functions under subsection (1) ; and
(b) other functions of the Commission in relation to matters
connected with the giving of such financial or other
assistance as is mentioned in that subsection,
shall be discharged under the general direction of the Commission
by a committee of the Commission consisting of at least.
Race Relations Act 1976 c. 74 27
three but not more than five Commissioners, of whom one shall PART VII
be the deputy chairman or one of the deputy chairmen of the
Commission.
45.-(1) The Commission may undertake or assist (financially Research and
or otherwise) the undertaking by other persons of any research, education.
and any educational activities, which appear to the Commission
necessary or expedient for the purposes of section 43(1).
(2) The Commission may make charges for educational or
other facilities or services made available by them.
46.-(1) As soon as practicable after the end of each calendar Annual
year the Commission shall make to the Secretary of State a reports.
report on their activities during the year (an " annual report ").
(2) Each annual report shall include a general survey of
developments, during the period to which it relates, in respect
of matters falling within the scope of the Commission's
functions.
(3) The Secretary of State shall lay a copy of every annual
report before each House of Parliament, and shall cause the
report to be published.
Codes of practice
47.-(1) The Commission may issue codes of practice contain- Codes of
ing such practical guidance as the Commission think fit for practice.
either or both of the following purposes, namely-
(a) the elimination of discrimination in the field of
employment ;
(b) the promotion of equality of opportunity in that field
between persons of different racial groups.
(2) When the Commission propose to issue a code of practice,
they shall prepare and publish a draft of that code, shall consider
any representations made to them about the draft and may
modify the draft accordingly.
(3) In the course of preparing any draft code of practice
for eventual publication under subsection (2) the Commission
shall consult with-
(a) such organisations or associations of organisations
representative of employers or of workers ; and
(b) such other organisations, or bodies,
as appear to the Commission to be appropriate.
(4) If the Commission determine to proceed with the draft,
they shall transmit the draft to the Secretary of State who shall-
(a) if he approves of it, lay it before both Houses of Parliament
; and
28 c. 74 Race Relations Act 1976
PART VII (b) if he does not approve of it, publish details of his
reasons for withholding approval.
(5) If, within the period of forty days beginning with the day
on which a copy of a draft code of practice is laid before each
House of Parliament, or, if such copies are laid on different days,
with the later of the two days, either House so resolves, no
further proceedings shall be taken thereon, but without prejudice
to the laying before Parliament of a new draft.
(6) In reckoning the period of forty days referred to in subsection
(5), no account shall be taken of any period during which
Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than four days.
(7) If no such resolution is passed as is referred to in subsection
(5), the Commission shall issue the code in the form of
the draft and the code shall come into effect on such day as the
Secretary of State may by order appoint.
(8) Without prejudice to section 74(3), an order under subsection
(7) may contain such transitional provisions or savings as
appear to the Secretary of State to be necessary or expedient in
connection with the code of practice thereby brought into
operation.
(9) The Commission may from time to time revise the whole
or any part of a code of practice issued under this section
and issue that revised code, and subsections (2) to (8) shall apply
(with appropriate modifications) to such a revised code as they
apply to the first issue of a code.
(10) A failure on the part of any person to observe any provision
of a code of practice shall not of itself render him liable
to any proceedings ; but in any proceedings under this Act before
an industrial tribunal any code of practice issued under this
section shall be admissible in evidence, and if any provision of
such a code appears to the tribunal to be relevant to any
question arising in the proceedings it shall be taken into account
in determining that question.
(11) Without prejudice to subsection (1), a code of practice
issued under this section may include such practical guidance as
the Commission think fit as to what steps it is reasonably practicable
for employers to take for the purpose of preventing their
employees from doing in the course of their employment acts
made unlawful by this Act.
Investigations
Power to 48.-(1) Without prejudice to their general power to do
conduct anything requisite for the performance of their duties under
formal
investigations. 43(1). the Commission may if they think fit, and shall
.
Race Relations Act 1976 c. 74 29
if required by the Secretary of State, conduct a formal investiga- PART VII
tion for any purpose connected with the carrying out of those
duties.
(2) The Commission may, with the approval of the Secretary
of State, appoint, on a full-time or part-time basis, one or more
individuals as additional Commissioners for the purposes of a
formal investigation.
(3) The Commission may nominate one or more Commissioners,
with or without one or more additional Commissioners,
to conduct a formal investigation on their behalf, and may
delegate any of their functions in relation to the investigation
to the persons so nominated.
49.-(1) The Commission shall not embark on a formal Terms of
investigation unless the requirements of this section have been reference.
complied with.
(2) Terms of reference for the investigation shall be drawn
up by the Commission or, if the Commission were required by
the Secretary of State to conduct the investigation, by the Secretary
of State after consulting the Commission.
(3) It shall be the duty of the Commission to give general
notice of the holding of the investigation unless the terms of
reference confine it to activities of persons named in them, but
in such a case the Commission shall in the prescribed manner
give those persons notice of the holding of the investigation.
(4) Where the terms of reference of the investigation confine
it to activities of persons named in them and the Commission
in the course of it propose to investigate any act made unlawful
by this Act which they believe that a person so named may have
done, the Commission shall-
(a) inform that person of their belief and of their proposal
to investigate the act in question ; and
(b) offer him an opportunity of making oral or written
representations with regard to it (or both oral and
written representations if he thinks fit) ;
and a person so named who avails himself of an opportunity
under this subsection of making oral representations may be
represented-
(i) by counsel or a solicitor ; or
(ii) by some other person of his choice, not being a person
to whom the Commission object on the ground that he
is unsuitable.
(5) The Commission or, if the Commission were required
by the Secretary of State to conduct the investigation, the
30 c. 74 Race Relations Act 1976
PART VII Secretary of State after consulting the Commission may from
time to time revise the terms of reference ; and subsections (1),
(3) and (4) shall apply to the revised investigation and terms of
reference as they applied to the original.
Power
to obtain
information.
50.-(1) For the purposes of a formal investigation the Commission,
by a notice in the prescribed form served on him in the
prescribed manner-
(a) may require any person to furnish such written information
as may be described in the notice, and may specify
the time at which, and the manner and form in which,
the information is to be furnished ;
(b) may require any person to attend at such time and
place as is specified in the notice and give oral information
about, and produce all documents in his possession
or control relating to, any matter specified in the
notice.
(2) Except as provided by section 60, a notice shall be served
under subsection (1) only where-
(a) service of the notice was authorised by an order made
by the Secretary of State ; or
(b) the terms of reference of the investigation state that
the Commission believe that a person named in them
may have done or may be doing acts of all or any of
the following descriptions-
(i) unlawful discriminatory acts ;
(ii) contraventions of section 28 ; and
(iii) contraventions of sections 29, 30 or 31,
and confine the investigation to those acts.
(3) A notice under subsection (1) shall not require a person-
(a) to give information, or produce any documents, which
he could not be compelled to give in evidence, or
produce, in civil proceedings before the High Court or
the Court of Session ; or
(b) to attend at any place unless the necessary expenses of
his journey to and from that place are paid or tendered
to him.
(4) If a person fails to comply with a notice served on him
under subsection (1) or the Commission have reasonable cause
to believe that he intends not to comply with it, the Commission
may apply to a county court or, in Scotland, a sheriff court for
an order requiring him to comply with it or with such directions
for the like purpose as may be contained in the order.
Race Relations Act 1976 c. 74 31
(5) Section 84 of the County Courts Act 1959 (penalty for PART VII
neglecting witness summons) shall apply to failure without 1959 c. 22.
reasonable excuse to comply with an order of a county court
under subsection (4) as it applies in the cases provided in the
said section 84 ; and paragraph 73 of Schedule 1 to the Sheriff 1907 c. 51.
Courts (Scotland) Act 1907 (power of sheriff to grant second
diligence for compelling the attendance of witnesses or havers)
shall apply to an order of a sheriff court under subsection (4)
as it applies in proceedings in the sheriff court.
(6) A person commits an offence if he-
(a) wilfully alters, suppresses, conceals or destroys a document
which he has been required by a notice or order
under this section to produce ; or
(b) in complying with such a notice or order, knowingly or
recklessly makes any statement which is false in a
material particular,
and shall be liable on summary conviction to a fine not
exceeding £400.
(7) Proceedings for an offence under subsection (6) may
(without prejudice to any jurisdiction exercisable apart from this
subsection) be instituted-
(a) against any person at any place at which he has an
office or other place of business ;
(b) against an individual at any place where he resides, or
at which he is for the time being.
51.-(l) If in the light of any of their findings in a formal Recominvestigation
it appears to the Commission necessary or mendations
expedient, whether during the course of the investigation or on foeports
after its conclusion- investigations
(a) to make to any person, with a view to promoting
equality of opportunity between persons of different
racial groups who are affected by any of his activities,
recommendations for changes in his policies or procedures,
or as to any other matters ; or
(b) to make to the Secretary of State any recommendations,
whether for changes in the law or otherwise,
the Commission shall make those recommendations accordingly.
(2) The Commission shall prepare a report of their findings
in any formal investigation conducted by them.
32 c.'74 Race Relations Act 1976
PART VII (3) If the formal investigation is one required by the Secretary
of State-
(a) the Commission shall deliver the report to the Secretary
of State ; and
(b) the Secretary of State shall cause the report to be
published,
and, unless required by the Secretary of State, the Commission
shall not publish the report.
(4) If the formal investigation is not one required by the
Secretary of State, the Commission shall either publish the report,
or make it available for inspection in accordance with subsection
(5).
(5) Where under subsection (4) a report is to be made available
for inspection, any person shall be entitled, on payment of such
fee (if any) as may be determined by the Commission-
(a) to inspect the report during ordinary office hours and
take copies of all or any part of the report ; or
(b) to obtain from the Commission a copy, certified by the
Commission to be correct, of the report.
(6) The Commission may, if they think fit, determine that the
right conferred by subsection (5)(a) shall be exercisable in relation
to a copy of the report instead of, or in addition to, the original.
(7) The Commission shall give general notice of the place or
places where, and the times when, reports may be inspected
under subsection (5).
Restriction on
disclosure of
information.
52.-(1) No information given to the Commission by any
person (" the informant ") in connection with a formal investigation
shall be disclosed by the Commission, or by any person
who is or has been a Commissioner, additional Commissioner
or employee of the Commission, except-
(a) on the order of any court ; or
(b) with the informant's consent ; or
(c) in the form of a summary or other general statement
published by the Commission which does not identify
the informant or any other person to whom the information
relates ; or
(d) in a report of the investigation published by the Commission
or made available for inspection under section
51(5) ; or
(e) to the Commissioners, additional Commissioners or
employees of the Commission, or, so far as may be
necessary for the proper performance of the functions
of the Commission, to other persons ; or
Race Relations Act 1976 c. 74 33
(f) for the purpose of any civil proceedings under this Act PART VU
to which the Commission are a party, or any criminal
proceedings.
(2) Any person who discloses information in contravention of
subsection (1) commits an offence and shall be liable on summary
conviction to a fine not exceeding £400.
(3) In preparing any report for publication or for inspection
the Commission shall exclude, so far as is consistent with their
duties and the object of the report, any matter which relates to
the private affairs of any individual or the business interests of
any person where the publication of that matter might, in the
opinion of the Commission, prejudicially affect that individual
or person.
PART VIII
ENFORCEMENT
General
53.-(1) Except as provided by this Act no proceedings, Restriction of
whether civil or criminal, shall lie against any person in respect proceedings
of an act by reason that the act is unlawful by virtue of a for breach
provision of this Act.
of Act.
(2) Subsection (1) does not preclude the making of an order
of certiorari, mandamus or prohibition.
(3) In Scotland, subsection (1) does not preclude the exercise
of the jurisdiction of the Court of Session to entertain an application
for reduction or suspension of any order or determination
or otherwise to consider the validity of any order or determination,
or to require reasons for any order or determination to be
stated.
Enforcement in employment field
54.-(1) A complaint by any person (" the complainant ") that Jurisdiction of
another person (" the respondent ")- industrial
tribunals.
(a) has committed an act of discrimination against the
complainant which is unlawful by virtue of Part II ; or
(b) is by virtue of section 32 or 33 to be treated as having
committed such an act of discrimination against the
complainant,
may be presented to an industrial tribunal.
(2) Subsection (1) does not apply to a complaint under section
12(1) of an act in respect of which an appeal, or proceedings in
the nature of an appeal, may be brought under any enactment,
or to a complaint to which section 75(8) applies.
34 c.74 Race Relations Act 1976
PART viii 55.-(1) Where a complaint has been presented to an indus-
Conciliation trial tribunal under section 54 and a copy of the complaint has
in employment been sent to a conciliation officer, it shall be the duty of the
cases. conciliation officer-
(a) if he is requested to do so both by the complainant
and by the respondent ; or
(b) if, in the absence of requests by the complainant and
the respondent, he considers that he could act under
this subsection with a reasonable prospect of success,
to endeavour to promote a settlement of the complaint without
its being determined by an industrial tribunal.
(2) Where, before a complaint such as is mentioned in subsection
(1) has been presented to an industrial tribunal, a request
is made to a conciliation officer to make his services available
in the matter by a person who, if the complaint were so
presented, would be the complainant or respondent, subsection
(1) shall apply as if the complaint had been so presented and
a copy of it had been sent to the conciliation officer.
(3) In proceeding under subsection (1) or (2), a conciliation
officer shall where appropriate have regard to the desirability of
encouraging the use of other procedures available for the settle.
ment of grievances.
(4) Anything communicated to a conciliation officer in connection
with the performance of his functions under this section
shall not be admissible in evidence in any proceedings before
an industrial tribunal except with the consent of the person
who communicated it to that officer.
Remedies on
complaint
under
s. 54.
56.-(l) Where an industrial tribunal finds that a complaint
presented to it under section 54 is well-founded, the tribunal
shall make such of the following as it considers just and
equitable-
(a) an order declaring the rights of the complainant and
the respondent in relation to the act to which the
complaint relates ;
(b) an order requiring the respondent to pay to the complainant
compensation of an amount corresponding to
any damages he could have been ordered by a county
court or by a sheriff court to pay to the complainant if the complaint had fallen to be dealt with under
section 57 ;
(c) a recommendation that the respondent take within a
specified period action appearing to the tribunal to be
practicable for the purpose of obviating or reducing
the adverse effect on the complainant of any act of discrimination
to which the complaint relates.
Race Relations Act 1976 c. 74 35
(2) The amount of compensation awarded to a person under PART VIII
subsection (1)(b) shall not exceed the limit for the time being
imposed by paragraph 20 of Schedule 1 to the Trade Union 1974 c. 52.
and Labour Relations Act 1974.
(3) Where compensation falls to be awarded in respect of any
act both under the Sex Discrimination Act 1975 and this Act, 1975 c. 65.
the aggregate of the following amounts of compensation awarded
by an industrial tribunal, that is to say-
(a) any compensation awarded under the said Act of 1975 ;
and
(b) any compensation awarded under subsection (1)(b),
shall not exceed the limit referred to in subsection (2).
(4) If without reasonable justification the respondent to a
complaint fails to comply with a recommendation made by an
industrial tribunal under subsection (1)(c), then, if it thinks it
just and equitable to do so-
(a) the tribunal may (subject to the limit in subsection (2))
increase the amount of compensation required to be
paid to the complainant in respect of the complaint
by an order made under subsection (1) (b) ; or
(b) if an order under subsection (1)(b) could have been
made but was not, the tribunal may make such an
order.
Enforcement of Part III
57.-(1) A claim by any person (" the claimant ") that another Claims under
person (" the respondent ")- Part III.
(a) has committed an act of discrimination against the
claimant which is unlawful by virtue of Part III ; or
(b) is by virtue of section 32 or 33 to be treated as having
committed such an act of discrimination against the
claimant,
may be made the subject of civil proceedings in like manner as
any other claim in tort or (in Scotland) in reparation for breach
of statutory duty.
(2) Proceedings under subsection (1)-
(a) shall, in England and Wales, be brought only in
a designated county court; and
(b) shall, in Scotland, be brought only in a sheriff court;
but all such remedies shall be obtainable in such proceedings
as, apart from this subsection and section 53(1), would be
obtainable in the High Court or the Court of Session, as the case
may be.
36 c.74 Race Relations Act 1976
PART VIII (3) As respects an unlawful act of discrimination falling within
section 1(1)(b), no award of damages shall be made if the
respondent proves that the requirement or condition in question
was not applied with the intention of treating the claimant
unfavourably on racial grounds.
(4) For the avoidance of doubt it is hereby declared that
damages in respect of an unlawful act of discrimination may
include compensation for injury to feelings whether or not they
include compensation under any other head.
(5) Civil proceedings in respect of a claim by any person
that he has been discriminated against in contravention of
section 17 or 18 by a body to which section 19(l) applies shall
not be instituted unless the claimant has given notice of the
claim to the Secretary of State and either the Secretary of
State has by notice informed the claimant that the Secretary of
State does not require further time to consider the matter, or the
period of two months has elapsed since the claimant gave notice
to the Secretary of State ; but nothing in this subsection applies
to a counterclaim.
(6) In Scotland, when any proceedings are brought under
this section, in addition to the service on the defender of a copy
of the summons or initial writ initiating the action a copy thereof
shall be sent as soon as practicable to the Commission in a
manner to be prescribed by Act of Sederunt.
Issue of nondiscrimination
notice.
Non-discrimination notices
58.-(1) This section applies to-
(a) an unlawful discriminatory act ; and
(b) an act contravening section 28 ;and
(c) an act contravening section 29, 30 or 31,
and so applies whether or not proceedings have been brought in
respect of the act.
(2) If in the course of a formal investigation the Commission
become satisfied that a person is committing, or has committed,
any such acts, the Commission may in the prescribed manner
serve on him a notice in the prescribed form (" a non-discrimination
notice ") requiring him-
(a) not to commit any such acts ; and
(b) where compliance with paragraph (a) involves changes
in any of his practices or other arrangements-
(i) to inform the Commission that he has effected
those changes and what those changes are ; and
(ii) to take such steps as may be reasonably required
by the notice for the purpose of affording that
information to other persons concerned.
Race Relations Act 1976 c. 74 37
(3) A non-discrimination notice may also require the person PART VIII
on whom it is served to furnish the Commission with such other
information as may be reasonably required by the notice in
order to verify that the notice has been complied with.
(4) The notice may specify the time at which, and the manner
and form in which, any information is to be furnished to the
Commission, but the time at which any information is to be
furnished in compliance with the notice shall not be later than
five years after the notice has become final.
(5) The Commission shall not serve a non-discrimination
notice in respect of any person unless they have first-
(a) given him notice that they are minded to issue a nondiscrimination
notice in his case, specifying the grounds
on which they contemplate doing so ; and
(b) offered him an opportunity of making oral or written
representations in the matter (or both oral and written
representations if he thinks fit) within a period of not
less than 28 days specified in the notice ; and
(c) taken account of any representations so made by him.
(6) Subsection (2) does not apply to any acts in respect of
which the Secretary of State could exercise the powers conferred
on him by section 19(2) and (3) ; but if the Commission become
aware of any such acts they shall give notice of them to the
Secretary of State.
(7) Section 50(4) shall apply to requirements under subsection
(2)(b), (3) and (4) contained in a non-discrimination notice which
has become final as it applies to requirements in a notice served
under section 50(1).
59.-(1) Not later than six weeks after a non-discrimination Appeal
notice is served on any person he may appeal against any against nonrequirement
of the notice- t eination noc
(a) to an industrial tribunal, so far as the requirement
relates to acts which are within the jurisdiction of the
tribunal ;
(b) to a designated county court or a sheriff court, so far as
the requirement relates to acts which are within the
jurisdiction of the court and are not within the jurisdiction
of an industrial tribunal.
(2) Where the tribunal or court considers a requirement in
respect of which an appeal is brought under subsection (1) to
be unreasonable because it is based on an incorrect finding of
fact or for any other reason, the tribunal or court shall quash
the requirement.
38 c. 74 Race Relations Act 1976
PART VIII (3) On quashing a requirement under subsection (2) the tri.
bunal or court may direct that the non-discrimination notice
shall be treated as if, in place of the requirement quashed, it had
contained a requirement in terms specified in the direction.
(4) Subsection (1) does not apply to a requirement treated as
included in a non-discrimination notice by virtue of a direction
under subsection (3).
Investigation
as to
compliance
with nondiscrimination
notice.
Register of
nondiscrimination
notices.
60.-(1) If-
(a) the terms of reference of a formal investigation state
that its purpose is to determine whether any require.
ments of a non-discrimination notice are being or have
been carried out, but section 50(2)(b) does not apply ;
and
(b) section 49(3) is complied with in relation to the investi.
gation on a date (" the commencement date ") not later
than the expiration of the period of five years beginning
when the non-discrimination notice became final,
the Commission may within the period referred to in subsection
(2) serve notices under section 50(1) for the purposes of the
investigation without needing to obtain the consent of the
Secretary of State.
(2) The said period begins on the commencement date and
ends on the later of the following dates-
(a) the date on which the period of five years mentioned in
subsection (1)(b) expires ;
(b) the date two years after the commencement date.
61.-.(1) The Commission shall establish and maintain a
register (" the register ") of non-discrimination notices which
have become final.
(2) Any person shall be entitled, on payment of such fee (if
any) as may be determined by the Commission-
(a) to inspect the register during ordinary office hours and
take copies of any entry ; or
(b) to obtain from the Commission a copy, certified by the
Commission to be correct, of any entry in the register.
(3) The Commission may, if they think fit, determine that
the right conferred by subsection ()(a) shall be exercisable in
relation to a copy of the register instead of, or in addition to,
the original.
(4) The Commission shall or places give general notice of the place where, and the times when, the register or a COPY of it may be inspected.
Race Relations Act 1976 c. 74 39
Other enforcement by Commission PART VIII
62.-(l) If, during the period of five years beginning on the Persistent
date on which any of the following became final in the case of discrimination.
any person, namely-
(a) a non-discrimination notice served on him ; or
(b) a finding by a tribunal or court under section 54 or 57 ;
that he has done an unlawful discriminatory act ; or
(c) a finding by a court in proceedings under section 19 or
20 of the Race Relations Act 1968 that he has done 1968 c. 71.
an act which was unlawful by virtue of any provision
of Part I of that Act,
it appears to the Commission that unless restrained he is likely
to do one or more acts falling within paragraph (b), or contravening
section 28, the Commission may apply to a designated
county court for an injunction, or to a sheriff court for an order,
restraining him from doing so ; and the court, if satisfied that
the application is well-founded, may grant the injunction or order
in the terms applied for or in more limited terms.
(2) In proceedings under this section the Commission shall not
allege that the person to whom the proceedings relate has done
an act falling within subsection (1)(b) or contravening section 28
which is within the jurisdiction of an industrial tribunal unless
a finding by an industrial tribunal that he did that act has
become final.
63.-(l) Proceedings in respect of a contravention of section Enforcement
29, 30 or 31 shall be brought only by the Commission in of ss. 29 to 31.
accordance with the following provisions of this section.
(2) The proceedings shall be-
(a) an application for a decision whether the alleged contravention
occurred ; or
(b) an application under subsection (4),
or both.
(3) An application under subsection (2)(a) shall be made--
(a) in a case based on any provision of Part II, to an industrial
tribunal ; and
(b) in any other case, to a designated county court or a
sheriff court.
0) If it appears to the Commission-
(a) that a person has done an act which by virtue of section
29, 30 or 31 was unlawful ; and
(b) that unless restrained he is likely to do further acts
which by virtue of that section are unlawful,
40 c. 74 Race Relations Act 1976
PART VIII the Commission may apply to a designated county court for an
injunction, or to a sheriff court for an order, restraining him from
doing such acts ; and the court, if satisfied that the application is
well-founded, may grant the injunction or order in the terms
applied for or more limited terms.
(5) In proceedings under subsection (4) the Commission shall
not allege that the person to whom the proceedings relate has
done an act which is unlawful under this Act and within the
jurisdiction of an industrial tribunal unless a finding by an industrial
tribunal that he did that act has become final.
Preliminary 64.-(1) With a view to making an application under section
action in 62(1) or 63(4) in relation to a person the Commission may present
employment to an industrial tribunal a complaint that he has done an act
within the jurisdiction of an industrial tribunal, and if the
tribunal considers that the complaint is well-founded it shall
make a finding to that effect and, if it thinks it just and equitable
to do so in the case of an act contravening any provision of
Part II may also (as if the complaint had been presented by the
person discriminated against) make an order such as is referred
to in section 56(1)(a), or a recommendation such as is referred
to in section 56(1)(c), or both.
(2) Subsection (1) is without prejudice to the jurisdiction
conferred by section 63(2).
(3) In sections 62 and 63 and this section, the acts " within
the jurisdiction of an industrial tribunal " are those in respect
of which such jurisdiction is conferred by sections 54 and 63.
Help for
aggrieved
persons in
obtaining
information
etc.
Help for persons suffering discrimination
65.-(1) With a view to helping a person (" the person
aggrieved ") who considers he may have been discriminated
against in contravention of this Act to decide whether to institute
proceedings and, if he does so, to formulate and present his
case in the most effective manner, the Secretary of State shall
by order prescribe-
(a) forms by which the person aggrieved may question the
respondent on his reasons for doing any relevant act,
or on any other matter which is or may be relevant ; and
(b) forms by which the respondent may if he so wishes
reply to any questions.
(2) Where the person aggrieved questions the respondent
(whether in accordance with an order under subsection (1) or
not)--
(a) the question, and any reply by the respondent (whether
in accordance with such an order or not) shall, subject
to the following provisions of this section, be admissible;
as evidence in the proceedings ;
Race Relations Act 1976 c. 74 41
(b) if it appears to the court or tribunal that the respondent PART VIII
deliberately, and without reasonable excuse, omitted
to reply within a reasonable period or that his reply is
evasive or equivocal, the court or tribunal may draw
any inference from that fact that it considers it just
and equitable to draw, including an inference that he
committed an unlawful act.
(3) The Secretary of State may by order-
(a) prescribe the period within which questions must be
duly served in order to be admissible under subsection
(2)(a) ; and
(b) prescribe the manner in which a question, and any reply
by the respondent, may be duly served.
(4) Rules may enable the court entertaining a claim under
section 57 to determine, before the date fixed for the hearing
of the claim, whether a question or reply is admissible under
this section or not.
(5) This section is without prejudice to any other enactment
or rule of law regulating interlocutory and preliminary matters
in proceedings before a county court, sheriff court or industrial
tribunal, and has effect subject to any enactment or rule of law
regulating the admissibility of evidence in such proceedings.
(6) In this section " respondent " includes a prospective
respondent and " rules "-
(a) in relation to county court proceedings, means county
court rules ;
(b) in relation to sheriff court proceedings, means sheriff
court rules.
66.-(1) Where, in relation to proceedings or prospective pro- Assistance by
ceedings under this Act, an individual who is an actual or Commission.
prospective complainant or claimant applies to the Commission
for assistance under this section, the Commission shall consider
the application and may grant it if they think fit to do so-
(a) on the ground that the case raises a question of principle
; or
(b) on the ground that it is unreasonable, having regard to
the complexity of the case, or to the applicant's position
in relation to the respondent or another person
involved, or to any other matter, to expect the applicant
to deal with the case unaided ; or
(c) by reason of any other special consideration.
(2) Assistance by the Commission under this section may
include-
(a) giving advice ;
42 c. 74 Race Relations Act 1976
PART VIII (b) procuring or attempting to procure the settlement of any,
matter in dispute ;
(c) arranging for the giving of advice or assistance by a
solicitor or counsel ;
(d) arranging for representation by any person, including all
such assistance as is usually given by a solicitor or
counsel in the steps preliminary or incidental to any
proceedings, or in arriving at or giving effect to a
compromise to avoid or bring to an end any
proceedings ;
(e) any other form of assistance which the Commission may
consider appropriate,
but paragraph (d) shall not affect the law and practice regulating
the descriptions of persons who may appear in, conduct, defend,
and address the court in, any proceedings.
(3) Where under subsection (1) an application for assistance
under this section is made in writing, the Commission shall,
within the period of two months beginning when the application
is received-
(a) consider the application after making such enquiries as
they think fit ; and
(b) decide whether or not to grant it ; and
(c) inform the applicant of their decision, stating whether
or not assistance under this section is to be provided
by the Commission and, if so, what form it will take.
(4) If, in a case where subsection (3) applies, the Commission
within the period of two months there mentioned give notice
to the applicant that, in relation to his application-
(a) the period of two months allowed them by that subsection
is by virtue of the notice extended to three
months ; and
(b) the reference to two months in section 68(3) is by virtue
of the notice to be read as a reference to three months,
subsection (3) and section 68(3) shall have effect accordingly.
(5) In so far as expenses are incurred by the Commission in
providing the applicant with assistance under this section, the
recovery of those expenses (as taxed or assessed in such manna'
as may be prescribed by rules or regulations) shall constitute a
first charge for the benefit of the Commission-
(a) on any costs or expenses which (whether by virtue of a
judgment or order of a court or tribunal or an agreement
or otherwise) are payable to the applicant by any
other person in respect of the matter in connection with
which the assistance is given ; and
Race Relations Act 1976 c. 74 43
(b) so far as relates to any costs or expenses, on his rights PART VIII
under any compromise or settlement arrived at in
connection with that matter to avoid or bring to an end
any proceedings.
(6) The charge conferred by subsection (5) is subject to any
charge under the Legal Aid Act 1974, or any charge or obligation 1974 c. 4.
for payment in priority to other debts under the Legal Aid and
Advice (Scotland) Acts 1967 and 1972, and is subject to any
provision in any of those Acts for payment of any sum into the
legal aid fund.
(7) In this section " respondent " includes a prospective
respondent and " rules or regulations "-
(a) in relation to county court proceedings, means county
court rules ;
(b) in relation to sheriff court proceedings, means sheriff
court rules ;
(c) in relation to industrial tribunal proceedings, means
regulations made under paragraph 21 of Schedule 1 to
the Trade Union and Labour Relations Act 1974. 1974 c. 52.
Sheriff courts and designated county courts
67.-(1) For the purposes of this Act a " designated " county Sheriff courts
court is one designated for the time being for those purposes by county courts.
an order made by the Lord Chancellor.
(2) An order under subsection (1) designating any county
court for the purposes of this Act shall assign to that court as its
district for those purposes any county court district or two or
more county court districts.
(3) A designated county court or a sheriff court shall have
jurisdiction to entertain proceedings under this Act with respect
to an act done on a ship, aircraft or hovercraft outside its district,
including such an act done outside Great Britain.
(4) In any proceedings under this Act in a designated county
court or a sheriff court the judge or sheriff shall, unless with the
consent of the parties he sits without assessors, be assisted by
two assessors appointed from a list of persons prepared and
maintained by the Secretary of State, being persons appearing
to the Secretary of State to have special knowledge and
experience of problems connected with relations between persons
of different racial groups.
(5) The remuneration of assessors appointed under subsection
(4) shall be at such rate as may, with the approval of
the Minister for the Civil Service, be determined by the Lord
Chancellor (for proceedings in England and Wales) or the Lord
President of the Court of Session (for proceedings in Scotland).
44 c. 74 Race Relations Act 1976
PART VIII (6) Without prejudice to section 74(3), an order for the discontinuance
of the jurisdiction of any county court under this
Act, whether wholly or within a part of the district assigned to
it for the purposes of this Act, may include provision with respect
to any proceedings under this Act commenced in that court
before the order comes into operation.
Period within
which
proceedings to
be brought.
Period within which proceedings to be brought
68.-(l) An industrial tribunal shall not consider a complaint
under section 54 unless it is presented to the tribunal before
the end of the period of three months beginning when the act
complained of was done.
(2) A county court or a sheriff court shall not consider a
claim under section 57 unless proceedings in respect of the claim
are instituted before the end of-
(a) the period of six months beginning when the act complained
of was done ; or
(b) in a case to which section 57(5) applies, the period of
eight months so beginning.
(3) Where, in relation to proceedings or prospective proceedings
by way of a claim under section 57, an application for assistance
under section 66 is made to the Commission before the
end of the period of six or, as the case may be, eight months
mentioned in paragraph (a) or (b) of subsection (2), the period
allowed by that paragraph for instituting proceedings in respect
of the claim shall be extended by two months.
(4) An industrial tribunal, county court or sheriff court shall
not consider an application under section 63(2)(a) unless it is
made before the end of the period of six months beginning when
the act to which it relates was done ; and a county court or
sheriff court shall not consider an application under section
63(4) unless it is made before the end of the period of five years.
so beginning.
(5) An industrial tribunal shall not consider a complaint under
section 64(l) unless it is presented to the tribunal before the
end of the period of six months beginning when the act complained
of was done.
(6) A court or tribunal may nevertheless consider any such
complaint, claim or application which is out of time if, in all
the circumstances of the case, it considers that it is just and
equitable to do so.
(7) For the purposes of this section-
(a) when the inclusion of any term in a contract renders the
making of the contract an unlawful act, that act shall
Race Relations Act 1976 c. 74 45
be treated as extending throughout the duration of the PART VIII
contract ; and
(b) any act extending over a period shall be treated as done
at the end of that period ; and
(c) a deliberate omission shall be treated as done when
the person in question decided upon it ;
and in the absence of evidence establishing the contrary a person
shall be taken for the purposes of this section to decide upon
an omission when he does an act inconsistent with doing the
omitted act or, if he has done no such inconsistent act, when the
period expires within which he might reasonably have been
expected to do the omitted act if it was to be done.
Evidence
69.-(1) Any finding by a court under section 19 or 20 of the Evidence.
Race Relations Act 1968, or by a court or industrial tribunal 1968 c. 71.
under this Act, in respect of any act shall, if it has become
final, be treated as conclusive in any proceedings under this
Act.
(2) In any proceedings under this Act a certificate signed by or
on behalf of a Minister of the Crown and certifying-
(a) that any arrangements or conditions specified in the
certificate were made, approved or imposed by a
Minister of the Crown and were in operation at a time
or throughout a period so specified ; or
(b) that an act specified in the certificate was done for the
purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.
(3) A document purporting to be a certificate such as is
mentioned in subsection (2) shall be received in evidence and,
unless the contrary is proved, shall be deemed to be such a
certificate.
PART IX
INCITEMENT TO RACIAL HATRED
70.-(1) The Public Order Act 1936 shall be amended in Incitement to
accordance with the following provisions of this section. racial hatred.
1936 c. 6
(2) After section 5 there shall be inserted the following (1G
ow. 8
&
section : -
"Incitement 5A.-(1) A person commits an offence ifto
racial (a) he publishes or distributes written matter
hatred. which is threatening, abusive or insulting ;
or
46 c.74
PART IX
Race Relations Act 1976
(b) he uses in any public place or at any public
meeting words which are threatening,
abusive or insulting,
in a case where, having regard to all the circumstances,
hatred is likely to be stirred up against
any racial group in Great Britain by the matter or
words in question.
(2) Subsection (1) above does not apply to the
publication or distribution of written matter consisting
of or contained in-
(a) a fair and accurate report of proceedings
publicly heard before any court or tribunal
exercising judicial authority, being
a report which is published contemporaneously
with those proceedings or, if it is
not reasonably practicable or would be
unlawful to publish a report of them contemporaneously,
is published as soon as
publication is reasonably practicable and
(if previously unlawful) lawful ; or
(b) a fair and accurate report of proceedings in
Parliament.
(3) In any proceedings for an offence under this
section alleged to have been committed by the publication
or distribution of any written matter, it shall
be a defence for the accused to prove that he was
not aware of the content of the written matter in
question and neither suspected nor had reason to
suspect it of being threatening, abusive or insulting.
(4) Subsection (3) above shall not prejudice any
defence which it is open to a person charged with
an offence under this section to raise apart from
that subsection.
(5) A person guilty of an offence under this section
shall be liable-
(a) on summary conviction, to imprisonment
for a term not exceeding six months or to
a fine not exceeding £400, or both ;
(b) on conviction on indictment, to imprisonment
for a term not exceeding two years or
to a fine, or both ;
but no prosecution for such an offence shall be
instituted in England and Wales except by or with
the consent of the Attorney General.
(6) In this section-
` publish ' and 'distribute' mean publish or
distribute to the public at large or to any
Race Relations Act 1976 c. 74 47
section of the public not consisting exclu- PART IX
sively of members of an association of
which the person publishing or distributing
is a member ;
` racial group' means a group of persons
defined by reference to colour, race,
nationality or ethnic or national origins,
and in this definition 'nationality' includes
citizenship ;
`written matter' includes any writing, sign or
visible representation."
(3) In section 7(2), after the words " section 5 " there shall
be inserted the words " or 5A ".
PART X
SUPPLEMENTAL
71. Without prejudice to their obligation to comply with any Local
other provision of this Act, it shall be the duty of every local authorities:
authority to make appropriate arrangements with a view to general
securing that their various functions are carried out with due dututory
regard to the need- y.
(a) to eliminate unlawful racial discrimination ; and
(b) to promote equality of opportunity, and good relations,
between persons of different racial groups.
72.-(l) A term of a contract is void where- Validity and
(a) its inclusion renders the making of the contract unlawful revision of
by virtue of this Act ; or contracts.
(b) it is included in furtherance of an act rendered unlawful
by this Act ; or
(c) it provides for the doing of an act which would be
rendered unlawful by this Act.
(2) Subsection (1) does not apply to a term the inclusion of
which constitutes, or is in furtherance of, or provides for, unlawful
discrimination against a party to the contract, but the term
shall be unenforceable against that party.
(3) A term in a contract which purports to exclude or limit
any provision of this Act is unenforceable by any person in
whose favour the term would operate apart from this subsection.
(4) Subsection (3) does not apply-
(a) to a contract settling a complaint to which section 54(1)
applies where the contract is made with the assistance
of a conciliation officer ; or
48
PART X
Power to
amend certain
provisions
of Act.
c. 74 Race Relations Act 1976
(b) to a contract settling a claim to which section 57
applies.
(5) On the application of any person interested in a contract
to which subsection (2) applies, a designated county court or a
sheriff court may make such order as it thinks just for removing
or modifying any term made unenforceable by that subsection ;
but such an order shall not be made unless all persons affected
have been given notice of the application (except where under
rules of court notice may be dispensed with) and have been
afforded an opportunity to make representations to the court.
(6) An order under subsection (5) may include provision as
respects any period before the making of the order.
73.-(1) The Secretary of State may by an order the draft of
which has been approved by each House of Parliament-
(a) amend or repeal section 9 (including that section as
amended by a previous order under this subsection) ;
(b) amend Part II, III or IV so as to render lawful an act
which, apart from the amendment, would be unlawful
by reason of section 4(1) or (2), 20(1), 21, 24 or 25 ;
(c) amend section 10(1) or 25(1)(a) so as to alter the number
of partners or members specified in that provision.
(2) The Secretary of State shall not lay before Parliament the
draft of an order under subsection (1) unless he has consulted
the Commission about the contents of the draft.
Orders and 74.-(1) Any power of a Minister of the Crown to make
regulations. orders or regulations under the provisions of this Act (except
sections 13(2)(d), 37(3)(b) and 50(2)(a)) shall be exercisable by
statutory instrument.
(2) An order made by a Minister of the Crown under the
preceding provisions of this Act (except sections 13(2)(d),
37(3)(b), 50(2)(a) and 73(1)), and any regulations made under
section 75(5)(a), shall be subject to annulment in pursuance of
a resolution of either House of Parliament.
(3) An order under this Act may make different provision in
relation to different cases or classes of case, may exclude certain
cases or classes of case, and may contain transitional provisions
and savings.
(4) Any power conferred by this Act to make orders includes
power (exercisable in the like manner and subject to the like
conditions) to vary or revoke any order so made.
Race Relations Act 1976 . c. 74 49
(5) Any document purporting to be an order made by the PART x
Secretary of State under section 13(2)(d), 37(3)(b) or 50(2)(a) and
to be signed by him or on his behalf shall be received in
evidence, and shall, unless the contrary is proved, be deemed to
be made by him.
75.-(1) This Act applies- Application to
(a) to an act done by or for purposes of a Minister of the Crown etc.
Crown or government department ; or
(b) to an act done on behalf of the Crown by a statutory
body, or a person holding a statutory office,
as it applies to an act done by a private person.
(2) Parts II and IV apply to-
(a) service for purposes of a Minister of the Crown or
government department, other than service of a person
holding a statutory office ; or
(b) service on behalf of the Crown for purposes of a person
holding a statutory office or purposes of a statutory
body ; or
(c) service in the armed forces,
as they apply to employment by a private person, and shall so
apply as if references to a contract of employment included
references to the terms of service.
(3) Subsections (1) and (2) have effect subject to section 16.
(4) Subsection (2) of section 8 and subsection (4) of section 27
shall have effect in relation to any ship, aircraft or hovercraft
belonging to or possessed by Her Majesty in right of the Government
of the United Kingdom as it has effect in relation to a ship,
aircraft or hovercraft such as is mentioned in paragraph (a) or
(b) of the subsection in question ; and section 8(3) shall apply
accordingly.
(5) Nothing in this Act shall-
(a) invalidate any rules (whether made before or after the
passing of this Act) restricting employment in the
service of the Crown or by any public body prescribed
for the purposes of this subsection by regulations made
by the Minister for the Civil Service to persons of
particular birth, nationality, descent or residence ; or
(b) render unlawful the publication, display or implementation
of any such rules, or the publication of advertisements
stating the gist of any such rules.
In this subsection " employment " includes service of any kind,
and " public body " means a body of persons, whether corporate
or unincorporate, carrying on a service or undertaking of a
public nature.
50 c. 74 Race Relations Act 1976
PART X (6) The provisions of Parts II to IV of the Crown Proceedings
1947 c. 44. Act 1947 shall apply to proceedings against the Crown under
this Act as they apply to proceedings in England and Wales
which by virtue of section 23 of that Act are treated for the
purposes of Part II of that Act as civil proceedings by or against
the Crown, except that in their application to proceedings under
this Act section 20 of that Act (removal of proceedings from
county court to High Court) shall not apply.
(7) The provisions of Part V of the Crown Proceedings Act
1947 shall apply to proceedings against the Crown under this Act
as they apply to proceedings in Scotland which by virtue of the
said Part are treated as civil proceedings by, or against the
Crown, except that in their application to proceedings under
this Act the proviso to section 44 of that Act (removal of proceedings
from the sheriff court to the Court of Session) shall not
apply.
(8) This subsection applies to any complaint by a person
(" the complainant ") that another person-
(a) has committed an act of discrimination against the complainant
which is unlawful by virtue of section 4 ; or
(b) is by virtue of section 32 or 33 to be treated as having
committed such an act of discrimination against the
complainant,
if at the time when the act complained of was done the complainant
was serving in the armed forces and the discrimination
in question relates to his service in those forces.
(9) Section 54(1) shall not apply to a complaint to which
subsection (8) applies, but any such complaint may be made,
and if made shall be dealt with, in accordance with whichever
of the following provisions for the redress of complaints is appro-
1957 c. 53. priate, namely section 130 of the Naval Discipline Act 1957,
1955 c. 18. section 180 or 181 of the Army Act 1955 or section 180 or 181
1955 c. 19. of the Air Force Act 1955.
(10) In this section-
(a) " the armed forces " means any of the naval, military
or air forces of the Crown (including any women's
service administered by the Defence Council) ;
(b) " statutory body " means a body set up by or in pursuance
of an enactment, and " statutory office " means
an office so set up ; and
(c) service " for purposes of " a Minister of the Crown or
government department does not include service in
any office in Schedule 2 (Ministerial offices) to the
1975 c. 24. House of Commons Disqualification Act 1975 as for
the time being in force.
Race Relations Act 1976 c. 74 51
76.-(1) This section applies to any appointment by a PART X
Minister of the Crown or government department to an office or Government
post where section 4 does not apply in relation to the appoint- appointments
ment. outside
s. 4.
(2) In making the appointment, and in making the arrangements
for determining who should be offered the office or post,
the minister of the Crown or government department shall not
do an act which would be unlawful under section 4 if the Crown
were the employer for the purposes of this Act.
77. There shall be defrayed out of money provided by Financial
Parliament- provision
(a) sums required by the Secretary of State for making payments
under paragraph 5 or 16 of Schedule 1 or paragraph
12 of Schedule 2, and for defraying any other
expenditure falling to be made by him under or by
virtue of this Act ;
(b) any expenses incurred by the Secretary of State with
the consent of the Treasury in undertaking, or financially
assisting the undertaking by other persons of,
research into any matter connected with relations
between persons of different racial groups ;
(c) payments falling to be made under section 67(5) in
respect of the remuneration of assessors ; and
(d) any increase attributable to the provisions of this Act
in the sums payable out of money provided by Parliament
under any other Act.
78.-(1) In this Act, unless the context otherwise requires- General
" access" shall be construed in accordance with section interpretation
40; provisions.
" act " includes a deliberate omission ;
" advertisement " includes every form of advertisement or
notice, whether to the public or not, and whether in a
newspaper or other publication, by television or radio,
by display of notices, signs, labels, showcards or goods,
by distribution of samples, circulars, catalogues, price
lists or other material, by exhibition of pictures, models
or films, or in any other way, and references to the
publishing of advertisements shall be construed
accordingly ;
" the Commission " means the Commission for Racial
Equality ;
" Commissioner " means a member of the Commission ;
" designated county court " has the meaning given by
section 67(1) ;
52 c.74 Race Relations Act 1976
PART X " discrimination " and related terms shall be construed in
accordance with section 3(3) ;
" dispose ", in relation to premises, includes granting a right
to occupy the premises, and any reference to acquiring
premises shall be construed accordingly ;
" education " includes any form of training or instruction ;
" education authority " and " educational establishment "
have for Scotland the same meaning as they have
1962 c. 47. respectively in section 145(16) and (17) of the Education
(Scotland) Act 1962;
" employment " means employment under a contract of service
or of apprenticeship or a contract personally to
execute any work or labour, and related expressions
shall be construed accordingly ;
" employment agency " means a person who, for profit or
not, provides services for the purpose of finding employment
for workers or supplying employers with
workers ;
" estate agent " means a person who, by way of profession
or trade, provides services for the purpose of finding
premises for persons seeking to acquire them or assisting
in the disposal of premises ;
" final " shall be construed in accordance with subsection
(4) ;
1890 c. 39. " firm " has the meaning given by section 4 of the Partnership
Act 1890;
" formal investigation " means an investigation under section
48 ;
" further education " has for England and Wales the mean-
1944 c. 31. ing given by section 41(a) of the Education Act 1944,
and for Scotland the meaning given by section 145(21)
of the Education (Scotland) Act 1962;
" general notice ", in relation to any person, means a notice
published by him at a time and in a manner appearing
to him suitable for securing that the notice is seen
within a reasonable time by persons likely to be affected
by it ;
" genuine occupational qualification " shall be construed in
accordance with section 5 ;
" Great Britain " includes such of the territorial waters of
the United Kingdom as are adjacent to Great Britain ;
" independent school " has for England and Wales the
meaning given by section 114(1) of the Education Act
1944, and for Scotland the meaning given by section
145(23) of the Education (Scotland) Act 1962;
Race Relations Act 1976 c. 74 53
" industrial tribunal " means a tribunal established under PART X
section 12 of the Industrial Training Act 1964 ; 1964 c. 16. " managers" has for Scotland the same meaning as in
section 145(26) of the Education (Scotland) Act 1962; 1962 c. 47.
"Minister of the Crown" includes the Treasury and the
Defence Council ;
" nationality " includes citizenship ;
" near relative " shall be construed in accordance with
subsection (5) ;
" non-discrimination notice " means a notice under section
58 ;
" notice " means a notice in writing ;
" prescribed " means prescribed by regulations made by
the Secretary of State ;
" profession " includes any vocation or occupation ;
" proprietor ", in relation to a school, has for England and
Wales the meaning given by section 114(1) of the
Education Act 1944, and for Scotland the meaning 1944 c. 31.
given by section 145(37) of the Education (Scotland)
Act 1962 ;
" pupil " in Scotland includes a student of any age ;
" racial grounds " and " racial group " have the meaning
given by section 3(1) ;
" school " has for England and Wales the meaning given
by section 114(1) of the Education Act 1944, and for
Scotland the meaning given by section 14502) of the
Education (Scotland) Act 1962;
"school education" has for Scotland the meaning given
by section 145(43A) of the Education (Scotland) Act
1962 ;
" trade " includes any business ;
" training " includes any form of education or instruction ;
" university " includes a university college and the college,
school or hall of a university ;
" upper limit of compulsory school age " for England and
Wales means, subject to section 9 of the Education 1962 c. 12.
Act 1962, the age that is that limit by virtue of section
35 of the Education Act 1944 and the Order in
Council made under that section.
(2) It is hereby declared that in this Act " premises ", unless
the context otherwise requires, includes land of any description.
(3) Any power conferred by this Act to designate establishments
or persons may be exercised either by naming them or by
identifying them by reference to a class or other description.
54
PART X
c. 74 Race Relations Act 1976
(4) For the purposes of this Act a non-discrimination notice
or a finding by a court or tribunal becomes final when an appeal
against the notice or finding is dismissed, withdrawn or abandoned
or when the time for appealing expires without an appeal
having been brought ; and for this purpose an appeal against
a non-discrimination notice shall be taken to be dismissed if,
notwithstanding that a requirement of the notice is quashed on
appeal, a direction is given in respect of it under section 59(3).
(5) For the purposes of this Act a person is a near relative
of another if that person is the wife or husband, a parent or
child, a grandparent or grandchild, or a brother or sister of the
other (whether of full blood or half-blood or by affinity), and
" child " includes an illegitimate child and the wife or husband
of an illegitimate child.
(6) Except so far as the context otherwise requires, any reference
in this Act to an enactment shall be construed as a reference
to that enactment as amended by or under any other enactment,
including this Act.
(7) In this Act, except where otherwise indicated-
(a) a reference to a numbered Part, section or Schedule is
a reference to the Part or section of, or the Schedule
to, this Act so numbered ; and
(b) a reference in a section to a numbered subsection is a
reference to the subsection of that section so numbered ;
and
(c) a reference in a section, subsection or Schedule to a
numbered paragraph is a reference to the paragraph of
that section, subsection or Schedule so numbered ; and
(d) a reference to any provision of an Act (including this
Act) includes a Schedule incorporated in the Act by
that provision.
Transitional
and commencement
provisions,
amendments
and repeals.
79.-(1) The provisions of Schedule 2 shall have effect for
making transitional provision for the purposes of this Act.
(2) This Act shall come into operation on such day as the
Secretary of State may by order appoint, and different days may
be so appointed for different provisions and for different purposes.
(3) The enactments specified in Schedule 3 shall have effect
subject to the amendments specified in that Schedule (being
minor amendments or amendments consequential on the
preceding provisions of this Act).
1975 c. 65. (4) The Sex Discrimination Act 1975 shall have effect subject
to the amendments specified in Schedule 4, being amendments
for bringing provisions in that Act relating to its administraRace
Relations Act 1976 c. 74 55
tion and enforcement into conformity with the corresponding PART X
provisions in this Act.
(5) Subject to the provisions of Schedule 2, the enactments
specified in Schedule 5 are hereby repealed to the extent shown
in column 3 of that Schedule.
(6) Section 5 of the Public Order Act 1936 shall continue to 1936 c. 6
have effect as substituted by section 7 of the Race Relations (1 Edw. 8 &
Act 1965, notwithstanding the repeal of the said section 7 by 1 Geo. 6).
this Act. 1965 c. 73.
(7) An order under this section may make such transitional
provision as appears to the Secretary of State to be necessary or
expedient in connection with the provisions thereby brought into
operation, including such adaptations of those provisions, or of
any provisions of this Act then in operation, as appear to the
Secretary of State necessary or expedient in consequence of the
partial operation of this Act.
80.-(1) This Act may be cited as the Race Relations Act Short title
1976. and extent.
(2) This Act, except so far as it amends or repeals any provision
of the House of Commons Disqualification Act 1975 or 1975 c. 24.
the Northern Ireland Assembly Disqualification Act 1975, does 1975 c. 25.
not extend to Northern Ireland.
56
Section 43.
1970 c. 35.
c. 74 Race Relations Act 1976
SCHEDULES
SCHEDULE 1
THE COMMISSION FOR RACIAL EQUALITY
Incorporation and status
1. On the appointment by the Secretary of State of the first
Commissioners, the Commission shall come into existence as a body
corporate.
2.-(l) The Commission is not an emanation of the Crown, and
shall not act or be treated as the servant or agent of the Crown.
(2) Accordingly-
(a) neither the Commission nor a Commissioner or member of
its staff as such is entitled to any status, immunity, privilege
or exemption enjoyed by the Crown ;
(b) the Commissioners and members of the staff of the Commission
as such are not civil servants ; and
(c) the Commission's property is not property of, or held on
behalf of, the Crown.
Tenure of office of Commissioners
3.-(1) A Commissioner shall hold and vacate his office in accordance
with the terms of his appointment.
(2) A person shall not be appointed a Commissioner for more than
five years.
(3) With the consent of the Commissioner concerned, the Secretary
of State may alter the terms of an appointment so as to make a fulltime
Commissioner into a part-time Commissioner or vice versa, or
for any other purpose.
(4) A Commissioner may resign by notice to the Secretary of State.
(5) The Secretary of State may terminate the appointment of a
Commissioner if satisfied that-
(a) without the consent of the Commission, he failed to attend
the meetings of the Commission during a continuous period
of six months beginning not earlier than nine months before
the termination ; or
(b) he is an undischarged bankrupt, or has made an arrangement
with his creditors, or is insolvent within the meaning
of paragraph 9(2) of Schedule 3 to the Conveyancing and
Feudal Reform (Scotland) Act 1970 ; or
(c) he is by reason of physical or mental illness, or for any other
reason, incapable of carrying out his duties.
(6) Past service as a Commissioner is no bar to re-appointment.
Tenure of office of chairman and deputy chairmen
4.-(1) The chairman and each deputy chairman shall hold and
vacate his office in accordance with the terms of his appointment,
and may resign by notice to the Secretary of State.
Race Relations Act 1976 c. 74 57
(2) The office of the chairman or a deputy chairman is vacated Scx. I
if he ceases to be a Commissioner.
(3) Past service as chairman or a deputy chairman is no bar to
re-appointment.
Remuneration of Commissioners
5. The Secretary of State may pay, or make such payments towards
the provision of, such remuneration, pensions, allowances or gratuities
to or in respect of the Commissioners or any of them as, with the
consent of the Minister for the Civil Service, he may determine.
6. Where a person ceases to be a Commissioner otherwise than on
the expiry of his term of office, and it appears to the Secretary of
State that there are special circumstances which make it right for that
person to receive compensation, the Secretary of State may, with the
consent of the Minister for the Civil Service, direct the Commission
to make to that person a payment of such amount as, with the consent
of that Minister, the Secretary of State may determine.
Additional Commissioners
7.-(1) Paragraphs 2(2), 3(1) and (6), and 6 shall apply to additional
Commissioners appointed under section 48(2) as they apply to
Commissioners.
(2) The Commission may pay, or make such payments towards the
provision of, such remuneration, pensions, allowances or gratuities to
or in respect of an additional Commissioner as the Secretary of State,
with the consent of the Minister for the Civil Service, may determine.
(3) With the approval of the Secretary of State and the consent
of the additional Commissioner concerned, the Commission may alter
the terms of an appointment of an additional Commissioner so as to
make a full-time additional Commissioner into a part-time additional
Commissioner or vice versa, or for any other purpose.
(4) An additional Commissioner may resign by notice to the Commission.
(5) The Secretary of State, or the Commission acting with the
approval of the Secretary of State, may terminate the appointment
of an additional Commissioner if satisfied that-
(a) without reasonable excuse he failed to carry out the duties
for which he was appointed during a continuous period of
three months beginning not earlier than six months before
the termination ; or
(b) he is a person such as is mentioned in paragraph
3(5)(b) ; or
(c) he is by reason of physical or mental illness, or for any other
reason, incapable of carrying out his duties.
(6) The appointment of an additional Commissioner shall terminate
at the conclusion of the investigation for which he was appointed,
if not sooner.
58
SCH. 1
c. 74 Race Relations Act 1976
Staff
8. The Commission may, after consultation with the Secretary of
State, appoint such officers and servants as they think fit, subject to
the approval of the Minister for the Civil Service as to numbers and
as to remuneration and other terms and conditions of service.
9.-{1) Employment with the Commission shall be included among
the kinds of employment to which a superannuation scheme under
1972 c. 11. section 1 of the Superannuation Act 1972 can apply, and accordingly
in Schedule 1 to that Act (in which those kinds of employment are
listed) the words " Commission for Racial Equality " shall be
inserted after the words " Commission on Industrial Relations."
(2) Where a person who is employed by the Commission and is by
reference to that employment a participant in a scheme under
section 1 of the Superannuation Act 1972 becomes a Commissioner or
an additional Commissioner, the Minister for the Civil Service may
determine that his service as a Commissioner or additional Commissioner
shall be treated for the purposes of the scheme as service
as an employee of the Commission.
1O.-(1) In this paragraphthe
new Commission " means the Commission for Racial
Equality ;
" present Commission employee " means a person who
immediately before the repeal date is employed by the
Community Relations Commission ;
" private pension scheme " means a scheme for the payment
of pensions, allowances or gratuities other than one
made under section 1 of the Superannuation Act 1972 ;
"the repeal date" means the date on which the repeal of
the Race Relations Act 1968 by this Act takes effect.
(2) If a present Commission employee enters the employment
of the new Commission on the repeal date and on so doing
elects to be covered for his service in that employment by a
private pension scheme in which he was a participant in respect
of his service in the employment of the Community Relations
Commission, the new Commission may make such payments towards
the provision of benefits to or in respect of him under that scheme
(or any other private pension scheme replacing it) as may be
determined by the new Commission with the consent of the Secretary
of State given with the approval of the Minister for the Civil
Service ; and it shall be the duty of the new Commission and those
Ministers in the exercise of their functions under this sub-paragraph
to ensure that his rights under the scheme do not become less
advantageous than they were when he entered the employment of
the new Commission.
(3) Where a person who is employed by the new Commission
and is in respect of that employment a participant in a private
pension scheme becomes a Commissioner or an additional ComRace
Relations Act 1976 c.74 59
missioner, his service as a Commissioner or additional Commissioner SCH. I
may be treated for the purposes of the scheme as service as an
employee of the new Commission.
11. The Employers' Liability (Compulsory Insurance) Act 1969 1969 c 57.
shall not require insurance to be effected by the Commission.
Advisory committees
12. The Commission may, with the approval of the Secretary of
State, appoint advisory committees for the purpose of such of their
functions as they think fit.
Proceedings and business
13.-(1) Subject to the provisions of this Act-
(a) the Commission shall discharge their functions in accordance
with arrangements made by the Commission and approved
by the Secretary of State ; and
(b) arrangements so made and approved may provide for the
discharge under the general direction of the Commission
of any of the Commission's functions by a committee of
the Commission, or by two or more Commissioners.
(2) Anything done by or in relation to a committee of the Commission
or Commissioners in the discharge of the Commission's
functions shall have the same effect as if done by or in relation to the
Commission.
14. The validity of any proceedings of the Commission shall not
be affected by any vacancy among the members of the Commission
or by any defect in the appointment of any Commissioner or additional
Commissioner.
15. The quorum for meetings of the Commission shall in the first
instance be determined by a meeting of the Commission attended
by not less than five Commissioners.
Finance
16. The Secretary of State shall pay to the Commission expenses
incurred or to be incurred by them under paragraph 6, 7, 8 or 10 of
this Schedule or paragraph 7 of Schedule 2, and, with the consent
of the Minister for the Civil Service and the Treasury, shall pay
to the Commission such sums as the Secretary of State thinks fit
for enabling the Commission to meet other expenses.
17.-(1) The accounting year of the Commission shall be the twelve
months ending on 31st March.
(2) It shall be the duty of the Commission-
(a) to keep proper accounts and proper records in relation to
the accounts ;
(b) to prepare in respect of each accounting year a statement
of accounts in such form as the Secretary of State may
direct with the approval of the Treasury ; and
60 c. 74 Race Relations Act 1976
SCH. 1 (c) to send copies of the statement to the Secretary of State and
the Comptroller and Auditor General before the end of
the month of November next following the accounting year
to which the statement relates.
(3) The Comptroller and Auditor General shall examine, certify
and report on each statement received by him in pursuance of this
Schedule and shall lay copies of each statement and of his report
before each House of Parliament.
Disqualification Acts
1975 c. 24. 18.-(1) In Part II of Schedule 1 to the House of Commons Dis-
1975 c. 25. qualification Act 1975 and Part II of Schedule 1 to the Northern
Ireland Assembly Disqualification Act 1975 (bodies of which all
members are disqualified under those Acts), there shall (at the appropriate
place in alphabetical order) be inserted the following entry: -
" The Commission for Racial Equality ".
(2) In Part III of Schedule 1 to each of those Acts of 1975 (other
disqualifying offices) there shall (at the appropriate place in alphabetical
order) be inserted the following entry: -
" Additional Commissioner of the Commission for Racial
Equality ".
Section 79. SCHEDULE 2
TRANSITIONAL PROVISIONS
Interpretation
1. In this Schedule-
1968 c. 71. " the 1968 Act " means the Race Relations Act 1968 ;
" the repeal date " means the date on which the repeal of
the 1968 Act by this Act takes effect ;
" the Board " means the Race Relations Board.
Enforcement
2. The repeal of the 1968 Act shall not-
(a) invalidate any injunction or order granted or made under
section 21 or 23 of that Act which is in force immediately
before the repeal date ; or
(b) remove from any court any jurisdiction which, but for
that repeal, it would have in relation to any such injunction
or order.
3. Any proceedings under section 19 or 20 of the 1968 Act
which are pending immediately before the repeal date may be
continued on and after that date by the Commission as if that
Act had not been repealed and the Commission were the Board.
4.-(1) Where a complaint such as is mentioned in section 15(1)
or 16(1) of the 1968 Act was made but not disposed of before the
repeal date, the relevant provisions of the 1968 Act shall, notwithstanding
their repeal, continue to apply in relation to the
Race Relations Act 1976 c. 74 61
complaint and the act complained of, but as if anything falling Scn. 2
to be done in that connection by or in relation to the Board or a
conciliation committee fell to be done by or in relation to the
Commission or, in so far as the Commission may so direct, a
committee appointed for that purpose by the Commission.
(2) For the purposes of this paragraph the relevant provisions of
the 1968 Act are-
(a) for a complaint such as is mentioned in section 15(1) of that
Act, sections 15, 18 to 24 and 27 to 29 of that Act ; or
(b) for a complaint such as is mentioned in section 16(1) of
that Act, section 16(1) of, Schedule 2 to, and sections 18
to 24 and 27 to 29 of, that Act.
5. Where a complaint such as is mentioned in section 15(1) or
16(1) of the 1968 Act could have been, but was not, made before the
repeal date in respect of an act done before that date, the relevant
provisions of the 1968 Act (within the meaning of paragraph 4)
shall, notwithstanding their repeal, continue to apply in relation
to that act and any such complaint made in respect of it, but as if
anything falling to be done in that connection by or in relation to the
Board or a conciliation committee fell to be done as mentioned in
paragraph 4(1).
6.-(1) Where-
(a) an investigation under subsection (1) of section 17 of the
1968 Act was begun but not completed before the repeal
date ; or
(b) a matter was before that date referred for investigation under
that subsection but was at that date still awaiting
investigation ; or
(c) an investigation under that subsection having been completed
before that date, some action arising out of the
investigation would have fallen to be taken or continued
under the 1968 Act on or after that date if that Act had
not been repealed,
the relevant provisions of the 1968 Act shall, notwithstanding their
repeal, continue to apply in relation to the investigation and its
subject-matter, but as if anything falling to be done in that connection
by or in relation to the Board or a conciliation committee fell to
be done as mentioned in paragraph 4(1).
(2) For the purposes of this paragraph the relevant provisions of
the 1968 Act are section 17(1) of, Schedule 3 to, and sections 18
to 24 and 27 to 29 of, that Act.
7. The Commission-
(a) may pay to members of any committee appointed by the
Commission for the purposes of paragraph 4,5 or 6 travelling
or other allowances in accordance with such scales as may
be approved by the Secretary of State with the consent of
the Treasury, and may defray any other expenses of such a
committee to such amount as may be so approved ; and
62
ScH.2
c. 74 Race Relations Act 1976
(b) shall pay to any assessors appointed by the Commission
under section 18 of the 1968 Act such remuneration and
allowances as the Commission may, with the consent of the
Treasury and after consultation with 'the Secretary of State,
determine.
8.-(1) An order under section 19 of the 1968 Act appointing a
county court to have jurisdiction under, and assigning to it a district
for the purposes of, that section, or providing for the discontinuance of
any jurisdiction of a county court for those purposes, shall, so far as
it is in force immediately before the repeal date, have effect with the
necessary modifications as if made under section 67(1) for the
purposes of this Act.
In its application on or after the repeal date by virtue of
paragraph 3, 4, 5 or 6, section 19 of the 1968 Act shall have effect
as if-
(a) subsections (3) to (5) were omitted ; and
(b) any reference to, or to the district assigned to, a county court
appointed to have jurisdiction thereunder were a reference
to, or to the district of, a designated county court;
and section 67(6) shall apply in relation to proceedings under that
section in its application as aforesaid as if they were proceedings
under this Act.
Regulations under s. 27(9) of 1968 Act
9. Any regulations under section 27(9) of the 1968 Act shall, so
far as they are in force immediately before the repeal date, have
effect as if made under section 75(5).
Property, rights and liabilities of Race Relations Board
and Community Relations Commission
10.-(1) On the repeal date all property, rights and liabilities which
immediately before that date were property, rights and liabilities of
the Board or of the Community Relations Commission shall vest in
the Commission for Racial Equality by virtue of this paragraph and
without further assurance.
1895 c. 16. (2) Section 12 of the Finance Act 1895 (which requires Acts to be
stamped as conveyances on sale in certain cases) shall not apply to
any transfer of property effected by this paragraph.
(3) Any damages recovered by the Commission for Racial Equality
on or after the repeal date by virtue of an award made under section
22 of the 1968 Act shall be accounted for by the Commission to the
person in respect of whom they were awarded.
Staff
11.-(1) In this and the following paragraph "present employee"
means a person who immediately before the repeal date is employed
by the Board or the Community Relations Commission.
Race Relations Act 1976 c. 74 63
(2) This sub-paragraph applies to any present employee- Sca. 2
(a) who is employed by the Commission as from the repeal date ;
or
(b) who was offered employment with the Commission as from
that date on terms which, taken as a whole, are not less
favourable than those on which he was employed at the
time of the offer, but unreasonably refused the offer.
(3) For the purposes of the Redundancy Payments Act 1965 and 1965 c. 62.
any scheme under section 1 of the Superannuation Act 1972 a present 1972 c. 11.
employee to whom sub-paragraph (2) above applies shall not be
treated as having been dismissed by reason of, or retired on, redundancy
on his ceasing to be employed by the Board or the Community
Relations Commission (as the case may be).
(4) For the purposes of-
(a) the Contracts of Employment Act 1972 ; 1972 c. 53.
(b) the Trade Union and Labour Relations Act 1974 ; 1974 c. 52.
(c) the Employment Protection Act 1975 ; and 1975 c. 71.
(d) any scheme under section 1 of the Superannuation Act 1972,
there shall be deemed to have been no break at the repeal date in
the employment of a present employee who as from that date is
employed by the Commission.
(5) Any liability to pay a redundancy payment under the Redundancy
Payments Act 1965 to an employee of the Community Relations
Commission which arises on the repeal date and which, if it
had so arisen without that Commission ceasing to exist, would have
arisen as a liability of that Commission, shall instead be a liability of
the Secretary of State.
12. Where a present employee whose employment immediately
before the repeal date is with the Community Relations Commission
is not employed by the Commission for Racial Equality as from that
date and is not within paragraph 11(2)(b), the Secretary of State may,
with the consent of the Minister for the Civil Service, make to him
as compensation for his loss of employment (whether or not he is
entitled to a redundancy payment in respect thereof) a payment of
such amount as, with the consent of that Minister, the Secretary
of State may determine.
13. Any dispute arising under paragraph 11 as to whether or not-
(a) the terms of employment offered to a person are, taken
as a whole, less favourable than those on which he was
employed at the time when an offer of employment with
the Commission was made to him ; or
(b) a person's refusal of an offer of employment with the
Commission was unreasonable,
shall be referred to and determined by an industrial tribunal.
64 c. 74 Race Relations Act 1976
Section 79. SCHEDULE 3
MINOR AND CONSEQUENTIAL AMENDMENTS
1975 c. 71. 1.-(1) The Employment Protection Act 1975 shall be amended
as follows.
(2) In section 72(3) of that Act (descriptions of dismissal in respect
of which there may be a higher additional award of compensation),
for paragraph (b) substitute-
" (b) a dismissal which is an act of discrimination (within
the meaning of the Race Relations Act 1976) which is unlawful
by virtue of that Act ; ".
(3) For section 77 of that Act (compensation for act which is both
sex discrimination and unfair dismissal) substitute-
" Compensation
for act
which is
both sex or
racial
discrimination
(or
both) and
unfair dismissal.
77.-(1) Where compensation falls to be awarded in
respect of any act both under the provisions of this Act
relating to unfair dismissal and under one or both of
the following Acts, namely the Sex Discrimination Act
1975 and the Race Relations Act 1976, an industrial
tribunal shall not award compensation under any one
of those two or, as the case may be, three Acts in respect
of any loss or other matter which is or has been taken
into account under the other or any other of them by
the tribunal or another industrial tribunal in awarding
compensation on the same or another complaint in
respect of that act.
(2) Without prejudice to paragraph 20 of Schedule 1
to the 1974 Act (limit on compensation), whether as
substituted by Part III of Schedule 16 to. this Act or
as applied by section 65 of the Sex Discrimination Act
1975 or section 56 of the Race Relations Act 1976,
in a case to which subsection (1) above applies the
aggregate of the following amounts of compensation
awarded by an industrial tribunal, that is to say-
(a) any compensation awarded under the said Act
of 1975 ; and
(b) any compensation awarded under the said Act
of 1976 ; and
(c) any compensation awarded under section 72(1)
above or, as the case may be, which is calculated
in accordance with section 76 above;
shall not exceed the limit for the time being imposed by
the said paragraph 20.".
(4) In section 88(1) of that Act (appeals from industrial tribunals
to Employment Appeal Tribunal), after paragraph (f) add-
" (g) the Race Relations Act 1976.".
Race Relations Act 1976 c. 74 65
(5) In section 122(2) of that Act (application of employment Sca. 3
legislation to House of Commons staff), for the words from the
beginning to " Sex Discrimination Act 1975 " substitute-
" (2) The provisions of the following enactments, that is to say-
(a) section 1 of the Equal Pay Act 1970 ; and
(b) Parts II and IV of the Sex Discrimination Act 1975 ; and
(c) Parts II and IV of the Race Relations Act 1976.".
SCHEDULE 4
AMENDMENTS OF SEX DISCRIMINATION ACT 1975
1. After section 56 insert the cross-heading " Codes of Practice "
and, below it, insert as section 56A a section in terms identical
with those of section 47 of this Act except for the following adaptations,
namely--
(a) in subsection (1), for " persons of different racial groups "
substitute " men and women " ;
(b) in subsection (8), for " section 74(3) " substitute " section
81(4) ".
2.-(1) After section 58(3) (terms of reference of an investigation)
insert as subsection (3A) a subsection in terms identical
with those of section 49(4) of this Act.
(2) In section 58(4) for " and (3) " substitute " (3) and (3A) ".
3. For section 62 (no further sanctions for breach of Act)
substitute-
" Restriction
of
proceedings
for breach
of Act.
62.-(1) Except as provided by this Act no proceedings,
whether civil or criminal, shall lie against any person in
respect of an act by reason that the act is unlawful by
virtue of a provision of this Act.
(2) Subsection (1) does not preclude the making of an
order of certiorari, mandamus or prohibition.
(3) In Scotland, subsection (1) does not preclude the
exercise of the jurisdiction of the Court of Session to
entertain an application for reduction or suspension of
any order or determination, or otherwise to consider
the validity of any order or determination, or to require
reasons for any order or determination to be stated.".
4. In section 65(3Xa), after " may " insert " (subject to the limit
in subsection (2)) ".
5.-(1) In section 66(2) (claims under Part III) after " this subsection
" insert " and section 62(1) ".
(2) After section 66(5) insert-
" (5A) In Scotland, when any proceedings are brought under
this section, in addition to the service on the defender of a
Section 79.
66
SCH. 4
c. 74 Race Relations Act 1976
copy of the summons or initial writ initiating the action a copy
thereof shall be sent as soon as practicable to the Commission
in a manner to be prescribed by Act of Sederunt.".
6. In section 72(4) (enforcement of sections 38 to 40) omit " an "
in the last place where it occurs.
7. In section 75(2), after paragraph (d) insert-
(e) any other form of assistance which the Commission may
consider appropriate,".
8. In section 76 (period within which proceedings to be brought)-
(a) in subsection (2), for the words from " the period " onwards
substitute-
" (a) the period of six months beginning when the act
complained of was done ; or
(b) in a case to which section 66(5) applies, the period
of eight months so beginning." ;
(b) for subsection (3) substitute-
" (3) An industrial tribunal, county court or sheriff
court shall not consider an application under section
72(2)(a) unless it is made before the end of the period of
six months beginning when the act to which it relates
was done ; and a county court or sheriff court shall not
consider an application under section 72(4) unless it is
made before the end of the period of five years so
beginning.".
9. For paragraph 15 of Schedule 3 (accounts) substitute-
" 15.-(1) The accounting year of the Commission shall be
the twelve months ending on 31st March.
(2) It shall be the duty of the Commission-
(a) to keep proper accounts and proper records in
relation to the accounts ;
(b) to prepare in respect of each accounting year a
statement of accounts in such form as the Secretary of
State may direct with the approval of the Treasury ; and
(c) to send copies of the statement to the Secretary
of State and the Comptroller and Auditor General before
the end of the month of November next following the
accounting year to which the statement relates.
(3) The Comptroller and Auditor General shall examine,
certify and report on each statement received by him in pursuance
of this Schedule and shall lay copies of each statement
and of his report before each House of Parliament.".
Session and
Chapter
1965 c. 73.
1968 c. 71.
1972 c. 11.
1973 c. 50.
1974 c. 52.
1975 c. 24.
1975 c. 25.
1975 c. 65.
1975 c. 71.
Race Relations Act 1976
SCHEDULE 5
REPEALS
Short title
Race Relations Act 1965.
Race Relations Act 1968.
Superannuation Act 1972.
Employment and Training
Act 1973.
Trade Union and Labour
Relations Act 1974.
House of Commons Disqualification
Act 1975.
Northern Ireland Assembly
Disqualification Act
1975.
Sex Discrimination Act
1975.
Employment Protection
Act 1975.
Extent of repeal
c. 74
The whole Act, so far as
unrepealed.
The whole Act.
In Schedule 1, the words " Race
Relations Board ".
In Schedule 3, paragraph 10.
In Schedule 1, paragraph 28.
In Part II of Schedule 1, the
words " The Community
Relations Commission " and
the entry beginning " The
Race Relations Board ".
In Part II of Schedule 1, the
entry beginning " The Race
Relations Board ".
In section 72(4) the word " an ",
in the last place where it
occurs.
In Part III of Schedule 16,
paragraph 28.
Section 79.
67
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