Regulation 4 Racial discrimination

In Article 3 of the Race Relations Order (racial discrimination) after paragraph (1) insert –

“(1A)

A person also discriminates against another if, in any circumstances relevant for the purposes of any provision referred to in paragraph (1B), he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other, but –

(a)

which puts or would put persons of the same race or ethnic or national origins as that other at a particular disadvantage when compared with other persons;

(b)

which puts that other at that disadvantage; and

(c)

which he cannot show to be a proportionate means of achieving a legitimate aim.

(1B)

The provisions mentioned in paragraph (1A) are –

(a)

Part II;

(b)

Articles 18 and 19;

(c)

Article 20A;

(d)

Articles 21 to 24;

(e)

Article 26;

(f)

Article 72 ZA; and

(g)

Part IV in its application to the provisions referred to in sub-paragraphs (a) to (f).

(1C)

Where, by virtue of paragraph (1A), a person discriminates against another, paragraph (1)(b) does not apply to him.”.

In paragraph (3) of that Article, after the words “paragraph (1)”, insert “or (1A)”.