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PART 1
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Employment Equality (Religion or Belief) Regulations 2003, and shall come into force on 2nd December 2003.
2
These Regulations do not extend to Northern Ireland.
Interpretation
2
1
In these Regulations, “religion or belief” means any religion, religious belief, or similar philosophical belief.
2
In these Regulations, references to discrimination are to any discrimination falling within regulation 3 (discrimination on grounds of religion or belief) or 4 (discrimination by way of victimisation) and related expressions shall be construed accordingly, and references to harassment shall be construed in accordance with regulation 5 (harassment on grounds of religion or belief).
3
In these Regulations —
“act” includes a deliberate omission;
“benefits” includes facilities and services;
“detriment” does not include harassment within the meaning of regulation 5;
references to “employer”, in their application to a person at any time seeking to employ another, include a person who has no employees at that time;
“employment” means employment under a contract of service or of apprenticeship or a contract personally to do any work, and related expressions shall be construed accordingly;
“Great Britain”, except where the context otherwise requires in regulation 26 (protection of Sikhs from discrimination in connection with requirements as to wearing of safety helmets), includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain;
“Minister of the Crown” includes the Treasury and the Defence Council; and
“school”, in England and Wales, has the meaning given by section 4 of the Education Act 1996 , and, in Scotland, has the meaning given by section 135(1) of the Education (Scotland) Act 1980 , and references to a school are to an institution in so far as it is engaged in the provision of education under those sections.
Discrimination on grounds of religion or belief
3
1
For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if —
a
on grounds of religion or belief, A treats B less favourably than he treats or would treat other persons; or
b
A applies to B a provision, criterion or practice which he applies or would apply equally to persons not of the same religion or belief as B, but —
i
which puts or would put persons of the same religion or belief as B at a particular disadvantage when compared with other persons,
ii
which puts B at that disadvantage, and
iii
which A cannot show to be a proportionate means of achieving a legitimate aim.
2
The reference in paragraph (1)(a) to religion or belief does not include A’s religion or belief.
3
A comparison of B’s case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
Discrimination by way of victimisation
4
1
For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if he treats B less favourably than he treats or would treat other persons in the same circumstances, and does so by reason that B has —
a
brought proceedings against A or any other person under these Regulations;
b
given evidence or information in connection with proceedings brought by any person against A or any other person under these Regulations;
c
otherwise done anything under or by reference to these Regulations in relation to A or any other person; or
d
alleged that A or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of these Regulations,
or by reason that A knows that B intends to do any of those things, or suspects that B has done or intends to do any of them.
2
Paragraph (1) does not apply to treatment of B by reason of any allegation made by him, or evidence or information given by him, if the allegation, evidence or information was false and not made (or, as the case may be, given) in good faith.
Harassment on grounds of religion or belief
5
1
For the purposes of these Regulations, a person (“A”) subjects another person (“B”) to harassment where, on grounds of religion or belief, A engages in unwanted conduct which has the purpose or effect of —
a
violating B’s dignity; or
b
creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
2
Conduct shall be regarded as having the effect specified in paragraph (1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.
PART II
DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING
Applicants and employees
6
1
It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to discriminate against a person —
a
in the arrangements he makes for the purpose of determining to whom he should offer employment;
b
in the terms on which he offers that person employment; or
c
by refusing to offer, or deliberately not offering, him employment.
2
It is unlawful for an employer, in relation to a person whom he employs at an establishment in Great Britain, to discriminate against that person —
a
in the terms of employment which he affords him;
b
in the opportunities which he affords him for promotion, a transfer, training, or receiving any other benefit;
c
by refusing to afford him, or deliberately not affording him, any such opportunity; or
d
by dismissing him, or subjecting him to any other detriment.
3
It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment a person whom he employs or who has applied to him for employment.
4
Paragraph (2) does not apply to benefits of any description if the employer is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless —
a
that provision differs in a material respect from the provision of the benefits by the employer to his employees; or
b
the provision of the benefits to the employee in question is regulated by his contract of employment; or
c
the benefits relate to training.
5
In paragraph (2)(d) reference to the dismissal of a person from employment includes reference —
a
to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and
b
to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.
Exception for genuine occupational requirement
7
1
In relation to discrimination falling within regulation 3 (discrimination on grounds of religion or belief) —
a
regulation 6(1)(a) or (c) does not apply to any employment;
b
regulation 6(2)(b) or (c) does not apply to promotion or transfer to, or training for, any employment; and
c
regulation 6(2)(d) does not apply to dismissal from any employment,
where paragraph (2) or (3) applies.
2
This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out —
a
being of a particular religion or belief is a genuine and determining occupational requirement;
b
it is proportionate to apply that requirement in the particular case; and
c
either —
i
the person to whom that requirement is applied does not meet it, or
ii
the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it,
and this paragraph applies whether or not the employer has an ethos based on religion or belief.
3
This paragraph applies where an employer has an ethos based on religion or belief and, having regard to that ethos and to the nature of the employment or the context in which it is carried out —
a
being of a particular religion or belief is a genuine occupational requirement for the job;
b
it is proportionate to apply that requirement in the particular case; and
c
either —
i
the person to whom that requirement is applied does not meet it, or
ii
the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it.
Contract workers
8
1
It is unlawful for a principal, in relation to contract work at an establishment in Great Britain, to discriminate against a contract worker —
a
in the terms on which he allows him to do that work;
b
by not allowing him to do it or continue to do it;
c
in the way he affords him access to any benefits or by refusing or deliberately not affording him access to them; or
d
by subjecting him to any other detriment.
2
It is unlawful for a principal, in relation to contract work at an establishment in Great Britain, to subject a contract worker to harassment.
3
A principal does not contravene paragraph (1)(b) by doing any act in relation to a contract worker where, if the work were to be done by a person taken into the principal’s employment, that act would be lawful by virtue of regulation 7 (exception for genuine occupational requirement).
4
Paragraph (1) does not apply to benefits of any description if the principal is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits by the principal to his contract workers.
5
In this regulation —
“principal” means a person (“A”) who makes work available for doing by individuals who are employed by another person who supplies them under a contract made with A;
“contract work” means work so made available; and
“contract worker” means any individual who is supplied to the principal under such a contract.
Meaning of employment and contract work at establishment in Great Britain
9
1
For the purposes of this Part (“the relevant purposes”), employment is to be regarded as being at an establishment in Great Britain if the employee —
a
does his work wholly or partly in Great Britain; or
b
does his work wholly outside Great Britain and paragraph (2) applies.
2
This paragraph applies if —
a
the employer has a place of business at an establishment in Great Britain;
b
the work is for the purposes of the business carried on at that establishment; and
c
the employee is ordinarily resident in Great Britain —
i
at the time when he applies for or is offered the employment, or
ii
at any time during the course of the employment.
3
The reference to “employment” in paragraph (1) includes —
a
employment on board a ship only if the ship is registered at a port of registry in Great Britain, and
b
employment on an aircraft or hovercraft only if the aircraft or hovercraft is registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain.
4
Subject to paragraph (5), for the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Great Britain, this regulation has effect as if references to Great Britain included —
a
any area 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; and
b
in relation to employment concerned with the exploration or exploitation of the Frigg Gas Field, the part of the Norwegian sector of the Continental Shelf described in Schedule 1.
5
Paragraph (4) shall not apply to employment which is concerned with the exploration or exploitation of the Frigg Gas Field unless the employer is —
a
a company registered under the Companies Act 1985 ;
b
an oversea company which has established a place of business within Great Britain from which it directs the exploration or exploitation in question; or
c
any other person who has a place of business within Great Britain from which he directs the exploration or exploitation in question.
6
In this regulation —
“the Frigg Gas Field” means the naturally occurring gas-bearing sand formations of the lower Eocene age located in the vicinity of the intersection of the line of latitude 59 degrees 53 minutes North and of the dividing line between the sectors of the Continental Shelf of the United Kingdom and the Kingdom of Norway and includes all other gas-bearing strata from which gas at the start of production is capable of flowing into the above-mentioned gas-bearing sand formations;
“oversea company” has the same meaning as in section 744 of the Companies Act 1985.
7
This regulation applies in relation to contract work within the meaning of regulation 8 as it applies in relation to employment; and, in its application to contract work, references to “employee”, “employer” and “employment” are references to (respectively) “contract worker”, “principal” and “contract work” within the meaning of regulation 8.
Office-holders etc
10
1
It is unlawful for a relevant person, in relation to an appointment to an office or post to which this regulation applies, to discriminate against a person —
a
in the arrangements which he makes for the purpose of determining to whom the appointment should be offered;
b
in the terms on which he offers him the appointment; or
c
by refusing to offer him the appointment.
2
It is unlawful, in relation to an appointment to an office or post to which this regulation applies and which is an office or post referred to in paragraph (8)(b), for a relevant person on whose recommendation (or subject to whose approval) appointments to the office or post are made, to discriminate against a person —
a
in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or
b
in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.
3
It is unlawful for a relevant person, in relation to a person who has been appointed to an office or post to which this regulation applies, to discriminate against him —
a
in the terms of the appointment;
b
in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;
c
by terminating the appointment; or
d
by subjecting him to any other detriment in relation to the appointment.
4
It is unlawful for a relevant person, in relation to an office or post to which this regulation applies, to subject to harassment a person —
a
who has been appointed to the office or post;
b
who is seeking or being considered for appointment to the office or post; or
c
who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post referred to in paragraph (8)(b).
5
Paragraphs (1) and (3) do not apply to any act in relation to an office or post where, if the office or post constituted employment, that act would be lawful by virtue of regulation 7 (exception for genuine occupational requirement); and paragraph (2) does not apply to any act in relation to an office or post where, if the office or post constituted employment, it would be lawful by virtue of regulation 7 to refuse to offer the person such employment.
6
Paragraph (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the person appointed belongs, unless —
a
that provision differs in a material respect from the provision of the benefits by the relevant person to persons appointed to offices or posts which are the same as, or not materially different from, that which the person appointed holds; or
b
the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or
c
the benefits relate to training.
7
In paragraph (3)(c) the reference to the termination of the appointment includes a reference —
a
to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions; and
b
to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment without notice by reason of the conduct of the relevant person.
8
This regulation applies to —
a
any office or post to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration; and
b
any office or post to which appointments are made by (or on the recommendation of or subject to the approval of) a Minister of the Crown, a government department, the National Assembly for Wales or any part of the Scottish Administration,
but not to a political office or a case where regulation 6 (applicants and employees), 8 (contract workers), 12 (barristers), 13 (advocates) or 14 (partnerships) applies, or would apply but for the operation of any other provision of these Regulations.
9
For the purposes of paragraph (8)(a) the holder of an office or post —
a
is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;
b
is not to be regarded as entitled to remuneration merely because he is entitled to payments —
i
in respect of expenses incurred by him in carrying out the functions of the office or post, or
ii
by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.
10
In this regulation —
a
appointment to an office or post does not include election to an office or post;
b
“political office” means —
i
any office of the House of Commons held by a member of it,
ii
a life peerage within the meaning of the Life Peerages Act 1958 , or any office of the House of Lords held by a member of it,
iii
any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975 ,
iv
the offices of Leader of the Opposition, Chief Opposition Whip or Assistant Opposition Whip within the meaning of the Ministerial and other Salaries Act 1975 ,
v
any office of the Scottish Parliament held by a member of it,
vi
a member of the Scottish Executive within the meaning of section 44 of the Scotland Act 1998 , or a junior Scottish Minister within the meaning of section 49 of that Act,
vii
any office of the National Assembly for Wales held by a member of it,
viii
in England, any office of a county council, a London borough council, a district council, or a parish council held by a member of it,
ix
in Wales, any office of a county council, a county borough council, or a community council held by a member of it,
x
in relation to a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 or a community council established under section 51 of the Local Government (Scotland) Act 1973 , any office of such a council held by a member of it,
xi
any office of the Greater London Authority held by a member of it,
xii
any office of the Common Council of the City of London held by a member of it,
xiii
any office of the Council of the Isles of Scilly held by a member of it,
xiv
any office of a political party;
c
“relevant person”, in relation to an office or post, means —
i
any person with power to make or terminate appointments to the office or post, or to determine the terms of appointment,
ii
any person with power to determine the working conditions of a person appointed to the office or post in relation to opportunities for promotion, a transfer, training or for receiving any other benefit, and
iii
any person or body referred to in paragraph (8)(b) on whose recommendation or subject to whose approval appointments are made to the office or post;
d
references to making a recommendation include references to making a negative recommendation; and
e
references to refusal include references to deliberate omission.
Police
11
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 it in relation to a constable or that office.
2
For the purposes of regulation 22 (liability of employers and principals) —
a
the holding of the office of constable shall be treated as employment by the chief officer of police (and as not being employment by any other person); and
b
anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.
3
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 these Regulations, 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 these Regulations if the settlement is approved by the police authority.
4
Any proceedings under these Regulations which, by virtue of paragraph (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 paragraph (3) to the chief officer of police shall be construed accordingly.
5
A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund —
a
any compensation, costs or expenses awarded in proceedings under these Regulations against a person under the direction and control of the chief officer of police;
b
any costs or expenses incurred and not recovered by such a person in such proceedings; and
c
any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
6
Paragraphs (1) and (2) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.
7
Subject to paragraph (8), in this regulation —
“chief officer of police” —
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 1996 ,
in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad,
in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967 , means the chief constable of the relevant police force,
in relation to any other person or appointment means the officer or other person who has the direction and control of the body of constables or cadets in question;
“police authority” —
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 1996,
in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997, means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad,
in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967, has the meaning given in that Act,
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 sub-paragraph (a) of the above definition of that term, has the same meaning as in the Police Act 1996,
in relation to a chief officer of police within sub-paragraph (b) of that definition, means the service fund established under section 16 or (as the case may be) section 61 of the Police Act 1997,
in any other case means money provided by the police authority; and
“specified Act” means the Metropolitan Police Act 1829 , the City of London Police Act 1839 or the Police Act 1996.
8
In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this regulation to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this regulation to the police authority are references to the relevant police authority for that force.
Barristers
12
1
It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person —
a
in the arrangements which are made for the purpose of determining to whom the pupillage or tenancy should be offered;
b
in respect of any terms on which it is offered; or
c
by refusing, or deliberately not offering, it to him.
2
It is unlawful for a barrister or barrister’s clerk, in relation to a pupil or tenant in the set of chambers in question, to discriminate against him —
a
in respect of any terms applicable to him as a pupil or tenant;
b
in the opportunities for training, or gaining experience, which are afforded or denied to him;
c
in the benefits which are afforded or denied to him; or
d
by terminating his pupillage, or by subjecting him to any pressure to leave the chambers or other detriment.
3
It is unlawful for a barrister or barrister’s clerk, in relation to a pupillage or tenancy in the set of chambers in question, to subject to harassment a person who is, or has applied to be, a pupil or tenant.
4
It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person by subjecting him to a detriment, or to subject him to harassment.
5
In this regulation —
“barrister’s clerk” includes any person carrying out any of the functions of a barrister’s clerk;
“pupil”, “pupillage” and “set of chambers” have the meanings commonly associated with their use in the context of barristers practising in independent practice; and
“tenancy” and “tenant” have the meanings commonly associated with their use in the context of barristers practising in independent practice, but also include reference to any barrister permitted to work in a set of chambers who is not a tenant.
6
This regulation extends to England and Wales only.
Advocates
13
1
It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person —
a
in the arrangements which he makes for the purpose of determining whom he will take as his pupil;
b
in respect of any terms on which he offers to take any person as his pupil; or
c
by refusing to take, or deliberately not taking, a person as his pupil.
2
It is unlawful for an advocate, in relation to a person who is his pupil, to discriminate against him —
a
in respect of any terms applicable to him as a pupil;
b
in the opportunities for training, or gaining experience, which are afforded or denied to him;
c
in the benefits which are afforded or denied to him; or
d
by terminating the relationship, or by subjecting him to any pressure to terminate the relationship or other detriment.
3
It is unlawful for an advocate, in relation to a person who is his pupil or taking any person as his pupil, to subject such a person to harassment.
4
It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against any person by subjecting him to a detriment, or to subject him to harassment.
5
In this regulation —
“advocate” means a member of the Faculty of Advocates practising as such; and
“pupil” has the meaning commonly associated with its use in the context of a person training to be an advocate.
6
This regulation extends to Scotland only.
Partnerships
14
1
It is unlawful for a firm, 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 to whom they should offer that position;
b
in the terms on which they offer him that position;
c
by refusing to offer, or deliberately not offering, 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 or by refusing to afford, or deliberately not affording, him access to them, or
ii
by expelling him from that position, or subjecting him to any other detriment.
2
It is unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a person who holds or has applied for that position.
3
Paragraphs (1)(a) to (c) and (2) apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.
4
Paragraph (1) does not apply to any act in relation to a position as partner where, if the position were employment, that act would be lawful by virtue of regulation 7 (exception for genuine occupational requirement).
5
In the case of a limited partnership references in this regulation to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907 .
6
This regulation applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.
7
In this regulation, “firm” has the meaning given by section 4 of the Partnership Act 1890 .
8
In paragraph (1)(d) reference to the expulsion of a person from a position as partner includes reference —
a
to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and
b
to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.
Trade organisations
15
1
It is unlawful for a trade organisation to discriminate against a person —
a
in the terms on which it is prepared to admit him to membership of the organisation; or
b
by refusing to accept, or deliberately not accepting, his application for membership.
2
It is unlawful for a trade organisation, in relation to a member of the organisation, to discriminate against him —
a
in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;
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.
3
It is unlawful for a trade organisation, in relation to a person’s membership or application for membership of that organisation, to subject that person to harassment.
4
In this regulation —
“trade organisation” means an organisation of workers, 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;
“profession” includes any vocation or occupation; and
“trade” includes any business.
Qualifications bodies
16
1
It is unlawful for a qualifications body to discriminate against a person —
a
in the terms on which it is prepared to confer a professional or trade qualification on him;
b
by refusing or deliberately not granting any application by him for such a qualification; or
c
by withdrawing such a qualification from him or varying the terms on which he holds it.
2
It is unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a person who holds or applies for such a qualification.
3
In this regulation —
“qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include —
an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations, or
a school;
“confer” includes renew or extend;
“professional or trade qualification” means any authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;
“profession” and “trade” have the same meaning as in regulation 15.
Providers of vocational training
17
1
It is unlawful, in relation to a person seeking or undergoing training which would help fit him for any employment, for any training provider to discriminate against him —
a
in the terms on which the training provider affords him access to any training;
b
by refusing or deliberately not affording him such access;
c
by terminating his training; or
d
by subjecting him to any other detriment during his training.
2
It is unlawful for a training provider, in relation to a person seeking or undergoing training which would help fit him for any employment, to subject him to harassment.
3
Paragraph (1) does not apply if the discrimination only concerns training for employment which, by virtue of regulation 7 (exception for genuine occupational requirement), the employer could lawfully refuse to offer the person seeking training.
4
In this regulation —
“training” includes —
facilities for training; and
practical work experience provided by an employer to a person whom he does not employ;
“training provider” means any person who provides, or makes arrangements for the provision of, training which would help fit another person for any employment, but it does not include —
an employer in relation to training for persons employed by him;
an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations; or
a school.
Employment agencies, careers guidance etc
18
1
It is unlawful for an employment agency to discriminate against a person —
a
in the terms on which the agency offers to provide any of its services;
b
by refusing or deliberately not providing any of its services; or
c
in the way it provides any of its services.
2
It is unlawful for an employment agency, in relation to a person to whom it provides its services, or who has requested it to provide its services, to subject that person to harassment.
3
Paragraph (1) does not apply to discrimination if it only concerns employment which, by virtue of regulation 7 (exception for genuine occupational requirement), the employer could lawfully refuse to offer the person in question.
4
An employment agency shall not be subject to any liability under this regulation if it proves that —
a
it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of paragraph (3), its action would not be unlawful, and
b
it was reasonable for it to rely on the statement.
5
A person who knowingly or recklessly makes a statement such as is referred to in paragraph (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 level 5 on the standard scale.
6
For the purposes of this regulation —
a
“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, but it does not include —
i
an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations, or
ii
a school; and
b
references to the services of an employment agency include guidance on careers and any other services related to employment.
Assisting persons to obtain employment etc
19
1
It is unlawful for the Secretary of State to discriminate against any person by subjecting him to a detriment, or to subject a person to harassment, in the provision of facilities or services under section 2 of the Employment and Training Act 1973 (arrangements for assisting persons to obtain employment).
2
It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate against any person by subjecting him to a detriment, or to subject a person to harassment, in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements analogous to arrangements in pursuance of the said Act of 1973).
3
This regulation does not apply in a case where —
a
regulation 17 (providers of vocational training) applies, or would apply but for the operation of any other provision of these Regulations, or
b
the Secretary of State is acting as an employment agency within the meaning of regulation 18.
Institutions of further and higher education
20
1
It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to discriminate against a person —
a
in the terms on which it offers to admit him to the establishment as a student;
b
by refusing or deliberately not accepting an application for his admission to the establishment as a student; or
c
where he is a student of the establishment —
i
in the way it affords him access to any benefits,
ii
by refusing or deliberately not affording him access to them, or
iii
by excluding him from the establishment or subjecting him to any other detriment.
2
It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to subject to harassment a person who is a student at the establishment, or who has applied for admission to the establishment as a student.
3
Paragraph (1) does not apply if the discrimination only concerns training which would help fit a person for employment which, by virtue of regulation 7 (exception for genuine occupational requirement), the employer could lawfully refuse to offer the person in question.
4
This regulation applies to the following educational establishments in England and Wales, namely —
a
an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992 );
b
a university;
c
an institution, other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).
5
This regulation applies to the following educational establishments in Scotland, namely —
a
a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management within the meaning of Part I of that Act;
b
a college of further education maintained by an education authority in the exercise of its further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980 ;
c
any other educational establishment (not being a school) which provides further education within the meaning of section 1 of the Further and Higher Education (Scotland) Act 1992;
d
an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992);
e
a central institution (within the meaning of section 135 of the Education (Scotland) Act 1980).
6
In this regulation —
“education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980;
“governing body” includes —
the board of management of a college referred to in paragraph (5)(a), and
the managers of a college or institution referred to in paragraph (5)(b) or (e);
“student” means any person who receives education at an educational establishment to which this regulation applies; and
“university” includes a university college and the college, school or hall of a university.
Relationships which have come to an end
21
1
In this regulation a “relevant relationship” is a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship (“B”) by the other party to it (“A”) is unlawful by virtue of any preceding provision of this Part.
2
Where a relevant relationship has come to an end, it is unlawful for A —
a
to discriminate against B by subjecting him to a detriment; or
b
to subject B to harassment,
where the discrimination or harassment arises out of and is closely connected to that relationship.
3
In paragraph (1), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, be unlawful.
PART III
OTHER UNLAWFUL ACTS
Liability of employers and principals
22
1
Anything done by a person in the course of his employment shall be treated for the purposes of these Regulations 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 these Regulations as done by that other person as well as by him.
3
In proceedings brought under these Regulations 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 unlawful acts
23
1
A person who knowingly aids another person to do an act made unlawful by these Regulations shall be treated for the purpose of these Regulations as himself doing an unlawful act of the like description.
2
For the purposes of paragraph (1) an employee or agent for whose act the employer or principal is liable under regulation 22 (or would be so liable but for regulation 22(3)) shall be deemed to aid the doing of the act by the employer or principal.
3
A person does not under this regulation 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 these Regulations, 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 referred to in paragraph (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 level 5 on the standard scale.
PART IV
GENERAL EXCEPTIONS FROM PARTS II AND III
Exception for national security
24
Nothing in Part II or III shall render unlawful an act done for the purpose of safeguarding national security, if the doing of the act was justified by that purpose.
Exceptions for positive action
25
1
Nothing in Part II or III shall render unlawful any act done in or in connection with —
a
affording persons of a particular religion or belief access to facilities for training which would help fit them for particular work; or
b
encouraging persons of a particular religion or belief to take advantage of opportunities for doing particular work,
where it reasonably appears to the person doing the act that it prevents or compensates for disadvantages linked to religion or belief suffered by persons of that religion or belief doing that work or likely to take up that work.
2
Nothing in Part II or III shall render unlawful any act done by a trade organisation within the meaning of regulation 15 in or in connection with —
a
affording only members of the organisation who are of a particular religion or belief access to facilities for training which would help 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 religion or belief to take advantage of opportunities for holding such posts in the organisation,
where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to religion or belief suffered by those of that religion or belief holding such posts or likely to hold such posts.
3
Nothing in Part II or III shall render unlawful any act done by a trade organisation within the meaning of regulation 15 in or in connection with encouraging only persons of a particular religion or belief to become members of the organisation where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to religion or belief suffered by persons of that religion or belief who are, or are eligible to become, members.
Protection of Sikhs from discrimination in connection with requirements as to wearing of safety helmets
26
1
Where —
a
any person applies to a Sikh any provision, criterion or practice relating to the wearing by him of a safety helmet while he is on a construction site; and
b
at the time when he so applies the provision, criterion or practice that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when on such a site,
then, for the purposes of regulation 3(1)(b)(iii), the provision, criterion or practice shall be taken to be one which cannot be shown to be a proportionate means of achieving a legitimate aim.
2
Any special treatment afforded to a Sikh in consequence of section 11(1) or (2) of the Employment Act 1989 (exemption of Sikhs from requirements as to wearing of safety helmets on construction sites) shall not be regarded as giving rise, in relation to any other person, to any discrimination falling within regulation 3.
3
In this regulation —
“construction site” means any place in Great Britain where any building operations or works of engineering construction are being undertaken, but does not include any site within the territorial sea adjacent to Great Britain unless there are being undertaken on that site such operations or works as are activities falling within Article 8(a) of the Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 2001 ; and
“safety helmet” means any form of protective headgear.
4
In this regulation —
a
any reference to a Sikh is a reference to a follower of the Sikh religion; and
b
any reference to a Sikh being on a construction site is a reference to his being there whether while at work or otherwise.
PART V
ENFORCEMENT
Restriction of proceedings for breach of Regulations
27
1
Except as provided by these Regulations 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 these Regulations.
2
Paragraph (1) does not prevent the making of an application for judicial review.
Jurisdiction of employment tribunals
28
1
A complaint by any person (“the complainant”) that another person (“the respondent”) —
a
has committed against the complainant an act to which this regulation applies; or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the complainant such an act,
may be presented to an employment tribunal.
2
This regulation applies to any act of discrimination or harassment which is unlawful by virtue of any provision of Part II other than —
a
where the act is one in respect of which an appeal or proceedings in the nature of an appeal may be brought under any enactment, regulation 16 (qualifications bodies);
b
regulation 20 (institutions of further and higher education); or
c
where the act arises out of and is closely connected to a relationship between the complainant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the complainant by the respondent would have been unlawful by virtue of regulation 20, regulation 21 (relationships which have come to an end).
3
In paragraph (2)(c), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.
4
In this regulation, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Burden of proof: employment tribunals
29
1
This regulation applies to any complaint presented under regulation 28 to an employment tribunal.
2
Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent —
a
has committed against the complainant an act to which regulation 28 applies; or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the complainant such an act,
the tribunal shall uphold the complaint unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, that act.
Remedies on complaints in employment tribunals
30
1
Where an employment tribunal finds that a complaint presented to it under regulation 28 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 regulation 31 (jurisdiction of county and sheriff courts);
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 or harassment to which the complaint relates.
2
As respects an unlawful act of discrimination falling within regulation 3(1)(b), if the respondent proves that the provision, criterion or practice was not applied with the intention of treating the complainant unfavourably on grounds of religion or belief, an order may be made under paragraph (1)(b) only if the employment tribunal —
a
makes such order under paragraph (1)(a) (if any) and such recommendation under paragraph (1)(c) (if any) as it would have made if it had no power to make an order under paragraph (1)(b); and
b
(where it makes an order under paragraph (1)(a) or a recommendation under paragraph (1)(c) or both) considers that it is just and equitable to make an order under paragraph (1)(b) as well.
3
If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an employment tribunal under paragraph (1)(c), then, if it thinks it just and equitable to do so —
a
the tribunal may increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under paragraph (1)(b); or
b
if an order under paragraph (1)(b) was not made, the tribunal may make such an order.
4
Where an amount of compensation falls to be awarded under paragraph (1)(b), the tribunal may include in the award interest on that amount subject to, and in accordance with, the provisions of the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 .
Jurisdiction of county and sheriff courts
31
1
A claim by any person (“the claimant”) that another person (“the respondent”) —
a
has committed against the claimant an act to which this regulation applies; or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the claimant such an act,
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 brought under paragraph (1) shall —
a
in England and Wales, be brought only in a county court; and
b
in Scotland, be brought only in a sheriff court.
3
For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act to which this regulation applies may include compensation for injury to feelings whether or not they include compensation under any other head.
4
This regulation applies to any act of discrimination or harassment which is unlawful by virtue of —
a
regulation 20 (institutions of further and higher education); or
b
where the act arises out of and is closely connected to a relationship between the claimant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the claimant by the respondent would have been unlawful by virtue of regulation 20, regulation 21 (relationships which have come to an end).
5
In paragraph (4)(b), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.
Burden of proof: county and sheriff courts
32
1
This regulation applies to any claim brought under regulation 31 in a county court in England and Wales or a sheriff court in Scotland.
2
Where, on the hearing of the claim, the claimant proves facts from which the court could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent —
a
has committed against the claimant an act to which regulation 31 applies; or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the claimant such an act,
the court shall uphold the claim unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, that act.
Help for persons in obtaining information etc
33
1
In accordance with this regulation, a person (“the person aggrieved”) who considers he may have been discriminated against, or subjected to harassment, in contravention of these Regulations may serve on the respondent to a complaint presented under regulation 28 (jurisdiction of employment tribunals) or a claim brought under regulation 31 (jurisdiction of county and sheriff courts) questions in the form set out in Schedule 2 or forms to the like effect with such variation as the circumstances require; and the respondent may if he so wishes reply to such questions by way of the form set out in Schedule 3 or forms to the like effect with such variation as the circumstances require.
2
Where the person aggrieved questions the respondent (whether in accordance with paragraph (1) or not) —
a
the questions, and any reply by the respondent (whether in accordance with paragraph (1) or not) shall, subject to the following provisions of this regulation, be admissible as evidence in the proceedings;
b
if it appears to the court or tribunal that the respondent deliberately, and without reasonable excuse, omitted to reply within eight weeks of service of the questions 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
In proceedings before a county court in England or Wales or a sheriff court in Scotland, a question shall only be admissible as evidence in pursuance of paragraph (2)(a) —
a
where it was served before those proceedings had been instituted, if it was so served within the period of six months beginning when the act complained of was done;
b
where it was served when those proceedings had been instituted, if it was served with the leave of, and within a period specified by, the court in question.
4
In proceedings before an employment tribunal, a question shall only be admissible as evidence in pursuance of paragraph (2)(a) —
a
where it was served before a complaint had been presented to the tribunal, if it was so served within the period of three months beginning when the act complained of was done;
b
where it was served when a complaint had been presented to the tribunal, either —
i
if it was so served within the period of twenty-one days beginning with the day on which the complaint was presented, or
ii
if it was so served later with leave given, and within a period specified, by a direction of the tribunal.
5
A question and any reply thereto may be served on the respondent or, as the case may be, on the person aggrieved —
a
by delivering it to him;
b
by sending it by post to him at his usual or last-known residence or place of business;
c
where the person to be served is a body corporate or is a trade union or employers' association within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 , by delivering it to the secretary or clerk of the body, union or association at its registered or principal office or by sending it by post to the secretary or clerk at that office;
d
where the person to be served is acting by a solicitor, by delivering it at, or by sending it by post to, the solicitor’s address for service; or
e
where the person to be served is the person aggrieved, by delivering the reply, or sending it by post, to him at his address for reply as stated by him in the document containing the questions.
6
This regulation 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 employment tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
7
In this regulation “respondent” includes a prospective respondent.
Period within which proceedings to be brought
34
1
An employment tribunal shall not consider a complaint under regulation 28 unless it is presented to the tribunal before the end of —
a
the period of three months beginning when the act complained of was done; or
b
in a case to which regulation 36(7) (armed forces) applies, the period of six months so beginning.
2
A county court or a sheriff court shall not consider a claim brought under regulation 31 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
3
A court or tribunal may nevertheless consider any such complaint or claim which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
4
For the purposes of this regulation and regulation 33 (help for persons in obtaining information etc) —
a
when the making of a contract is, by reason of the inclusion of any term, an unlawful act, that act shall be treated as extending throughout the duration of the 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 regulation 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.
PART VI
SUPPLEMENTAL
Validity of contracts, collective agreements and rules of undertakings
35
Schedule 4 (validity of contracts, collective agreements and rules of undertakings) shall have effect.
Application to the Crown etc
36
1
These Regulations apply —
a
to an act done by or for purposes of a Minister of the 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 they apply to an act done by a private person.
2
These Regulations 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;
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
Paragraphs (1) and (2) have effect subject to regulation 11 (police).
4
Regulation 9(3) (meaning of employment and contract work at establishment in Great Britain) 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 specified in regulation 9(3)(a) or (b).
5
The provisions of Parts II to IV of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under these Regulations 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 these Regulations section 20 of that Act (removal of proceedings from county court to High Court) shall not apply.
6
The provisions of Part V of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under these Regulations 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 these Regulations the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) shall not apply.
7
This paragraph applies to any complaint by a person (“the complainant”) that another person —
a
has committed an act of discrimination or harassment against the complainant which is unlawful by virtue of regulation 6 (applicants and employees); or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed such an act of discrimination or harassment 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 or harassment in question relates to his service in those forces.
8
A complainant may present a complaint to which paragraph (7) applies to an employment tribunal under regulation 28 only if —
a
he has made a complaint in respect of the same matter to an officer under the service redress procedures applicable to him; and
b
that complaint has not been withdrawn.
9
For the purpose of paragraph (8)(b), a complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures applicable to him, he fails to submit that complaint to the Defence Council under those procedures.
10
Where a complaint is presented to an employment tribunal under regulation 28 by virtue of paragraph (8), the service redress procedures may continue after the complaint is so presented.
11
In this regulation —
“armed forces” means any of the naval, military or air forces of the Crown;
“service for purposes of a Minister of the Crown or government department” does not include service in any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975 ;
“the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the Army Act 1955 , section 180 of the Air Force Act 1955 and section 130 of the Naval Discipline Act 1957 ; and
“statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up.
Application to House of Commons staff
37
1
These Regulations apply to an act done by an employer of a relevant member of the House of Commons staff, and to service as such a member, as they apply to an act done by and to service for purposes of a Minister of the Crown or government department, and accordingly apply as if references to a contract of employment included references to the terms of service of such a member.
2
In this regulation “relevant member of the House of Commons staff” means any person —
a
who was appointed by the House of Commons Commission; or
b
who is a member of the Speaker’s personal staff,
and subsections (6) to (12) of section 195 of the Employment Rights Act 1996 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of these Regulations.
Application to House of Lords staff
38
1
These Regulations apply in relation to employment as a relevant member of the House of Lords staff as they apply in relation to other employment.
2
In this regulation “relevant member of the House of Lords staff” means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords, and section 194(7) of the Employment Rights Act 1996 (continuity of employment) applies for the purposes of this regulation.
Savings of, and amendments to, legislation
39
1
These Regulations are without prejudice to —
a
sections 58 to 60 of the School Standards and Framework Act 1998 (appointment and dismissal of teachers in schools with a religious character etc); and
b
section 21 of the Education (Scotland) Act 1980 (management of denominational schools).
2
Schedule 5 (amendments to legislation) shall have effect.
Jacqui Smith
Minister of State, for Industry and the Regions and Deputy Minister for Women and Equality,
Department of Trade and Industry
26th June 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Land Registration Act 2002 (Commencement No.4) Order 2003.
2
1
Subject to paragraph (2), all the provisions of the Land Registration Act 2002 (“ the Act ”) not already in force shall come into force on 13th October 2003.
2
The following provisions of the Act shall come into force on 13th October 2004 —
a
section 98(1);
b
paragraph 5(4) and (5) of Schedule 6 and, to the extent that it relates thereto, section 97.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 8th July 2003


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Oil Pollution Compensation Limits) Order 2003 and shall come into force on 1st November 2003 in relation to occurrences on or after that date.
Amendment of compensation limits for oil pollution
2
1
The Merchant Shipping Act 1995 is amended as follows.
2
In section 157 (limitation of liability for oil pollution by tankers), in subsection (2) —
a
in paragraph (a), for “three million” substitute “4.51 million”;
b
in paragraph (b) —
i
for “three million” substitute “4.51 million”;
ii
for “420” substitute “631”;
iii
for “59.7 million” substitute “89.77 million”.
3
In Part 1 of Schedule 5 (text of paragraphs 4 and 5 of Article 4 of the Fund Convention), in the text of paragraph 4 —
a
in sub-paragraphs (a) and (b), for “135 million” substitute “203 million”;
b
in sub-paragraph (c), for “200 million” substitute “300.74 million”.
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
3rd October 2003


text:
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 9) Order 2003.
2
The following provisions of the Criminal Justice and Police Act 2001 shall come into force on 1st April 2003 —
a
sections 50 to 63;
b
section 64(1) save for the words “subject to subsection (2),”;
c
sections 65 to 70;
d
section 73;
e
section 74;
f
section 78(2);
g
section 79;
h
section 80(1);
i
section 137 in so far as it relates to the entries in Schedule 7 referred to in paragraph (m) below;
j
Schedule 1 save for paragraphs 35, 42 and 67;
k
Schedule 2 to the extent not already in force;
l
Schedule 5; and
m
Schedule 7, Part 2 to the extent not already in force.
John Denham
Minister of State
Home Office
13th March 2003


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2003, and comes into force on 31st October 2004.
Interpretation
2
In this Order, “the Financial Promotion Order ” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 .
Exempt communications: real time communications effecting an introduction
3
After article 28A of the Financial Promotion Order insert —
Real time communications: introductions in connection with qualifying credit
28B
1
If the requirements of paragraph (2) are met, the financial promotion restriction does not apply to any real time communication which —
a
relates to a controlled activity falling within paragraph 10, 10A or 10B of Schedule 1; and
b
is made for the purpose of, or with a view to, introducing the recipient to a person (`N') who is —
i
an authorised person who carries on the controlled activity to which the communication relates,
ii
an appointed representative, where the controlled activity to which the communication relates is also a regulated activity in respect of which he is exempt from the general prohibition, or
iii
an overseas person who carries on the controlled activity to which the communication relates.
2
The requirements of this paragraph are that the maker of the communication (`M') —
a
does not receive any money, other than money payable to M on his own account, paid by the recipient for or in connection with any transaction which the recipient enters into with or through N as a result of the introduction; and
b
before making the introduction, discloses to the recipient such of the information mentioned in paragraph (3) as applies to M.
3
That information is —
a
that M is a member of the same group as N;
b
details of any payment which M will receive from N, by way of fee or commission, for introducing the recipient to N;
c
an indication of any other reward or advantage received or to be received by M that arises out of his making introductions to N.
4
In this article, “overseas person” means a person who carries on controlled activities which fall within paragraph 10, 10A or 10B of Schedule 1, but who does not carry on any such activity, or offer to do so, from a permanent place of business maintained by him in the United Kingdom.
.
Exempt communications: miscellaneous amendments
4
1
Part VI of the Financial Promotion Order (exempt communications: certain controlled activities) is amended as follows.
2
In paragraph (2) of article 29 (communications required or authorised by enactments), for “paragraph 10” substitute “paragraph 10, 10A or 10B”.
3
In paragraph (2) of article 30 (overseas communicators: solicited real time communications), in the definition of “relevant investment activities”, after “paragraphs 3 to 7” insert “or 10 to 10B”.
4
In article 46 (qualifying credit to bodies corporate), for “paragraph 10” substitute “paragraph 10, 10A or 10B”.
Controlled activities: arranging and advising on qualifying credit
5
1
In Part I of Schedule 1 to the Financial Promotion Order (controlled activities), after paragraph 10 (providing qualifying credit) insert —
Arranging qualifying credit etc.
10A
Making arrangements —
a
for another person to enter as borrower into an agreement for the provision of qualifying credit; or
b
for a borrower under a regulated mortgage contract, within the meaning of article 61(3) of the Regulated Activities Order entered into after the coming into force of that article, to vary the terms of that contract in such a way as to vary his obligations under that contract,
is a controlled activity.
.
2
In paragraph 11 (agreeing to carry on specified kinds of activity), for “paragraphs 3 to 10” substitute “paragraphs 3 to 10B”.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2003 and shall come into force on 6th April 2003.
Interpretation
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 .
Amendment of the principal Regulations
3
Amend the principal Regulations as follows.
4
In regulation 120(2)(b)(i) (mariners: relevant changes in the determination of earnings periods and the apportionment of earnings) for “the primary percentage” substitute “the main primary percentage or the additional primary percentage”.
5
In regulation 127 —
a
in paragraph (1) for “Social Security Pension Act 1975” substitute “Social Security Pensions Act 1975 ”; and
b
for paragraph (3) substitute —
3
Where a woman has made an election to which this regulation applies —
a
any primary Class 1 contributions which are —
i
attributable to section 8(1)(a) of the Act , and
ii
payable in respect of earnings paid to her or for her benefit in the period during which the election has effect under the following provisions of this Case,
shall be payable at the reduced rate; and
b
she shall be under no liability to pay any Class 2 contribution for any contribution week in that period.
.
6
For regulation 131 (reduced rate of primary Class 1 contributions payable in respect of married women and widows) substitute —
Reduced rate of primary Class 1 contributions otherwise payable at the main primary percentage
131
On and after 6th April 2003, the reduced rate of contribution for the purposes of section 19(4) of the Act (power to regulate liability in respect of certain married women and widows) in respect of so much of a married woman’s liability for primary Class 1 contributions as is attributable to section 8(1)(a) of the Act shall be 4.85 per cent.
.
7
In regulation 133(10) (duty to notify secondary contributor of cessation of election by married woman or widow) for “to pay primary Class 1 contributions at the reduced rate” substitute “to pay at the reduced rate in respect of so much of her liability for primary Class 1 contributions as is attributable to section 8(1)(a) of the Act”.
8
1
Amend regulation 134 (special transitional provisions consequent upon passing of the Social Security Pensions Act 1975) as follows.
2
In paragraph (1)(a) —
a
for “any liability for a primary Class 1 contribution” substitute “so much of her liability for primary Class 1 contributions as is attributable to section 8(1)(a) of the Act”; and
b
for “that contribution” substitute “those contributions”.
3
In paragraph (5)(a)(i) for “any liability for a primary Class 1 contribution” substitute “so much of her liability for primary Class 1 contributions as is attributable to section 8(1)(a) of the Act”.
9
1
In the provisions listed in paragraph (2) for “primary percentage” substitute “main primary percentage”.
2
The provisions referred to in paragraph (1) are —
a
regulation 128(1)(e), (f)(iv) and (v) (duration of effect of elections by married women and widows to pay reduced rate contributions); and
b
regulation 136(3)(a)(i) and (ii) (special transitional provision in respect of deemed elections made by married women under the Social Security (Contributions) Regulations 1975 ).
10
In regulation 139 for “The Act” substitute “Part 1, Part 2 (except section 60 ), and Parts 3 and 4 of the Act”.
11
In regulation 156(2) (provisions of the principal Regulations which do not apply to Northern Ireland) omit “or Case D”.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 2003
The Secretary of State hereby concurs
Ian McCartney
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th March 2003
The Department for Social Development hereby concurs.
Sealed with the Official Seal of the Department for Social Development on 27th March 2003.
D. A. Baker
Senior Officer of the
Department for Social Development


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scottish Parliamentary Elections (Returning Officers' Charges) Order 2003 and shall come into force on 12th February 2003.
2
In this Order–
“the 1983 Act ” means the Representation of the People Act 1983;
“the 2002 Order ” means the Scottish Parliament (Elections etc.) Order 2002;
“by election” means an election held to fill the vacant seat of a constituency member of the Scottish Parliament under section 9 of the Scotland Act 1998 ;
“combined polls” means the poll at a Scottish parliamentary election and the poll at a local government election when they are taken together under article 14 of the 2002 Order;
“constituency returning officer” means the officer who, in accordance with article 15 of the 2002 Order, is the constituency returning officer for a Scottish parliamentary election;
“general election” means an ordinary general election for membership of the Scottish Parliament;
“regional returning officer” means a regional returning officer for the purposes of the Scotland Act 1998 ;
“Scottish parliamentary election” means an election for membership of the Scottish Parliament,
and other expressions used in this Order which are also used in the Scotland Act 1998 have the same meaning in this Order as they have in that Act.
3
Any reference to the register of electors is to the register of local government electors used at the election at which the services were rendered or expenses were incurred and is a reference to that register as it has effect on the last day for publication of notice of that election.
Revocation
2
The Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999 is hereby revoked.
Constituency returning officers
3
1
For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied and modified by article 19 of the 2002 Order–
a
the services of a constituency returning officer which are of a kind described in Part A of the Schedule (hereafter referred to as “services specified in Part A of the Schedule”);
b
the expenses of a constituency returning officer which are of a kind described in paragraphs 1(1), 2(1), 3(1) and 4 of Part B of the Schedule (hereafter referred to as “expenses specified in Part B of the Schedule”); and
c
the expenses of a constituency returning officer which are of a kind described in Part C of the Schedule,
are hereby specified.
2
The maximum recoverable amounts of a constituency returning officer at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as–
a
in the case of a general election, the amounts set out in column 2 of those Parts; and
b
in the case of a by-election, the amounts set out in column 3 of those Parts,
in respect of each entry set out opposite thereto in column 1 of those Parts.
Regional returning officers
4
1
For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied and modified by article 19 of the 2002 Order–
a
the services of a regional returning officer in conducting a general election and discharging his duties;
b
the expenses of a regional returning officer in respect of the payment of persons employed in connection with the calculation of regional figures for the purpose of section 7 of the Scotland Act 1998 and the allocation of seats to regional members under section 8 of that Act;
c
the travelling and overnight subsistence expenses of–
i
a regional returning officer;
ii
officers whose services are placed at a regional returning officer’s disposal under article 16(2) of the 2002 Order;
iii
clerical and other assistants employed by a regional returning officer;
d
the expenses of a regional returning officer in printing or otherwise producing the ballot papers;
e
the expenses of a regional returning officer in printing or otherwise producing and, where appropriate, publishing notices and other documents required by the 2002 Order; and
f
the expenses of a regional returning officer in the provision of stationery and writing implements and the expenses of postage, telephone and bank charges and other miscellaneous items,
are hereby specified.
2
The maximum recoverable amounts of a regional returning officer at a contested election are hereby specified as–
a
£549.70 in respect of the services in paragraph (1)(a); and
b
£439.76 in respect of the expenses specified in paragraph (1)(b).
Uncontested elections – regional returning officers
5
Where the return of regional members at a general election is uncontested, the maximum recoverable amounts of a regional returning officer are hereby specified as–
a
£85.75 in respect of the services specified in paragraph (1)(a) of article 4; and
b
£211.79 in respect of the expenses specified in paragraph (1)(b) of article 4.
Uncontested elections – constituency returning officers
6
1
Where, at a general election, the return of regional members or, as the case may be, the return of constituency members is uncontested, the maximum recoverable amounts of a constituency returning officer in respect of–
a
the services specified in Part A of the Schedule; and
b
the expenses specified in Part B of the Schedule,
are hereby specified as the amounts which are the same as the amounts set out in column 3 of those Parts in respect of each entry set out opposite thereto in column 1 of those Parts.
2
Where the return of a constituency member at a by-election is uncontested, or, as the case may be, where at a general election the return of regional members and the return of constituency members are both uncontested, the maximum recoverable amounts of a constituency returning officer are hereby specified as–
a
£428.77 in respect of the services specified in Part A of the Schedule; and
b
£1058.99 in respect of the expenses specified in Part B of the Schedule.
HELEN LIDDELL
One of Her Majesty’s Principal Secretaries of State
Scotland Office, Meridian Court Glasgow
21st January 2003
We consent to this Order
NICK AINGER
JIM FITZPATRICK
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd January 2003


text:
1
This Order may be cited as the Finance Act 2002, section 57(3) and (4)(a), (Appointed Day) Order 2003.
2
The day appointed for the purposes of section 57(3) and (4)(a)(ii) of the Finance Act 2002 (community investment tax relief) is 23rd January 2003.
3
The day appointed for the purposes of section 57(4)(a)(i) of the Finance Act 2002 is 17th April 2002.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty Treasury
22nd January 2003


text:
1
These Rules may be cited as the Court of Protection (Amendment) Rules 2003 and shall come into force on 1st August 2003.
2
Column 2 of the Appendix to the Court of Protection Rules 2001 is amended as follows —
a
in paragraph 1, for “£65” substitute “£70”;
b
in paragraph 1A, for “£500” substitute “£515”;
c
in paragraph 2, for “£205” substitute “£220”;
d
in each of paragraphs 3(1)(iv), (v) and (vi), for “£115” substitute “£120”;
e
in paragraph 3(2), for “£115” substitute “£120”;
f
in paragraph 3(3), for “£490” substitute “£505”;
g
in paragraph 3(4), for “£180” substitute “£185”; and
h
in paragraph 3(5), for “£150” substitute “£155”.
Falconer of Thoroton, C
Dated 8th July 2003
We consent
Jim Murphy
Joan Ryan
Two of the Lord’s Commissioners of Her Majesty’s Treasury
Dated 10th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2003 and shall come into force on 30th July 2003.
Amendment of the Pollution Prevention and Control (England and Wales) Regulations 2000
2
1
The Pollution Prevention and Control (England and Wales) Regulations 2000 are amended as follows.
2
In Section 2.3 in Part 1 of Schedule 1 (Surface Treating Metals and Plastic Materials) —
a
in paragraph (a) of Part A(1) before the word “surface” there are inserted the words “Unless falling within Part A(2) of this Section,”;
b
in Part A(2), the word “Nil” is replaced by the following paragraph —
a
Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m3 and where the activity is carried out at the same installation as one or more activities falling within —
i
Part A(2) or B of Section 2.1 (Ferrous Metals);
ii
Part A(2) or B of Section 2.2 (Non-Ferrous Metals); or
iii
Part A(2) or B of Section 6.4 (Coating Activities, Printing and Textile Treatments)
;
c
in paragraph (a) of Part B, after the words “Part A(1)” there are inserted the words “or A(2)”.
3
In the Table in paragraph 2(2) of Part 1 of Schedule 3, after the words —
Section 2.3 Part A(1) 1st May to 31st July 2004
there are inserted the words —
Part A(2) 1st May to 31st July 2004
Transitional Provision
3
Where an application for a permit is made before commencement in relation to a Part A(1) installation or Part A(1) mobile plant and by virtue of these Regulations the installation or mobile plant becomes a Part A(2) installation or Part A(2) mobile plant, anything duly done in relation to the application (including the grant of a permit) shall be treated as if it had been duly done in relation to an application for a permit made immediately after commencement.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
6th July 2003


text:
Citation
1
This Order may be cited as the Finance Act 2003, Section 195 and Schedule 40 (Appointed Day) Order 2003.
Appointed Day
2
The day appointed for the purposes of section 195 of, and Schedule 40 to, the Finance Act 2003 (companies acquiring their own shares) is 1st December 2003.
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2003


text:
Name and commencement
1
1
This Order is called the Powys (Llanbadarn Fynydd, Llanbister and Abbey Cwmhir) Order 2003.
2
This Order will come into force on 1 April 2004 which is the appointed day for the purposes of the Regulations, except that for the purposes set out in Regulation 4(1) of the Regulations this Order comes into force on 1 December 2003.
Interpretation
2
In this Order —
“boundary map A” (“ map ffiniau A ”) means the map prepared by the National Assembly for Wales and marked “Map A of the Powys (Llanbadarn Fynydd, Llanbister and Abbey Cwmhir) Order 2003” and deposited in accordance with Regulation 5 of the Regulations;
“boundary map B” (“ map ffiniau B ”) means the map prepared by the National Assembly for Wales and marked “Map B of the Powys (Llanbadarn Fynydd, Llanbister and Abbey Cwmhir) Order 2003” and deposited in accordance with Regulation 5 of the Regulations;
“Powys” (“ Powys ”) means the County of Powys; and
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 .
Changes in Community Areas
3
1
The part of the community of Llanbister in Powys shown hatched in black on boundary map A is separated from that community and forms part of the community of Llanbadarn Fynydd in Powys.
2
The part of Powys in the community of Abbey Cwmhir shown hatched in black on boundary map B is separated from that community and forms part of the community of Llanbadarn Fynydd in Powys.
Signed on behalf of the National Assembly for Wales
Sue Essex
Minister for Finance, Local Government and Public Services
28th November 2003


text:
1
This Order shall come into force on 14th November 2003 and may be cited as the A14 Trunk Road (Rookery Crossroads Grade Separated Junction) (Prohibition of Use of Gaps in Central Reservation) Order 2003.
2
In this Order —
“central reservation” means that part of the trunk road which separates its carriageways for the safety and guidance of vehicular traffic using that road; and
“the trunk road” means that part of the A14 Trunk Road in the District of St Edmundsbury and a reference to a junction with a road is a reference to the junction of the trunk road with that road.
3
No person shall cause or permit any vehicle proceeding in either of the carriageways of the trunk road to enter or proceed through the gaps in the central reservation specified in the Schedule to this Order.
4
The provisions of article 3 above shall not apply to —
a
any vehicle being used for police, ambulance or fire brigade purposes, or
b
anything done at the direction of, or with the permission of a police constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for Transport
P Wallwork
A Divisional Director in the Highways Agency
21st October 2003


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Designated Professional Body) (Fee) Order 2003 and shall come into force on 24th March 2003.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“ Commissioner ” means the Immigration Services Commissioner appointed under section 83(2) of the Act; and
“designated professional body” has the same meaning as in section 86(1) of the Act.
Fee
3
The fee to be paid to the Commissioner by each designated professional body for the year 1st April 2002 to 31st March 2003 shall be the sum specified in the Schedule to this Order which shall be paid on or before the 31st March 2003.
Beverley Hughes
Minister of State
Home Office
25th February 2003


text:
Title, extent and commencement
1
This Order may be cited as the Disease Control (Interim Measures) (England) (No. 2) (Amendment) Order 2003; it extends to England only and comes into force on 31st January 2003.
Amendment of the Disease Control (Interim Measures) (England) (No. 2) Order 2002
2
1
The Disease Control (Interim Measures) (England) (No. 2) Order 2002 shall be amended in accordance with this article.
2
In article 1 for “1st February 2003” there shall be substituted “1st April 2003”.
3
In article 3 —
a
after paragraph (2)(b)(xxi) there shall be added —
xxii
of an animal which is on a means of transport which enters premises to drop off other animals, provided that it has not left the means of transport while on the premises.
;
b
in paragraph (3)(g)(iv) for the word “sooner” there shall be substituted the word “later”;
c
for paragraph (3)(k) there shall be substituted —
k
an animal from its point of entry into the United Kingdom following its import from another Member State;
.
4
For article 8 there shall be substituted —
Cleansing and disinfection facilities
8
Where animals are moved under a licence, the occupier of the premises which they are moved on to shall provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.
Specific licences
8A
1
An animal moved under a specific licence shall —
a
be moved by the most direct route available to the place of destination specified in the licence, and
b
be accompanied throughout the movement by the licence.
2
Every animal which is moved under the authority of a specific licence shall be kept separate throughout the movement from any animal which is not being moved under the authority of that licence.
3
The person in charge of any animal moved under a specific licence shall, on demand made by a constable or by an inspector or other officer of the Secretary of State or of a local authority, produce the licence, and allow a copy thereof or an extract therefrom to be taken, and shall also, if so required, furnish his name and address.
4
Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to shall —
a
ensure that he or his representative is given the licence before allowing the animals to be unloaded;
b
in the case of a slaughterhouse, give a copy to the official veterinary surgeon; and
c
keep the licence for six months and produce it to an inspector on request.
General licences
8B
Where animals are moved under a general licence, and that licence requires the person moving the animals to have a movement document, the occupier of premises which they are moved on to shall —
a
ensure that he or his representative is given the top copy of the movement document before allowing the animals to be unloaded;
b
complete the top copy to indicate that he has received the animals, sign it, and send it to the local authority without delay; and
c
keep a copy of the completed document for six months.
Copies of licences
8C
Where an inspector of a local authority issues a licence under article 3(1)(a), he shall retain a copy of the licence for six months.
.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Dated 9th January 2003


text:
Title and commencement
1
These Regulations may be cited as the Animal Test Certificates (Revocation) Regulations 2003 and shall come into force on 12th January 2004.
Revocation of the Animal Test Certificates Regulations 1996
2
The Animal Test Certificates Regulations 1996 are revoked.
Consequential revocation
3
Regulation 3(3) of and Part III of Schedule 1 to the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 are revoked insofar as they apply to animal test certificates.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
8th December 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Gowdy
Permanent Secretary for the
Department of Health, Social Services and Public Safety
18th December 2003
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary for the
Department of Agriculture and Rural Development
18th December 2003