Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Sex Discrimination Act 1975 (Amendment) Regulations 2003 and shall come into force on 19th July 2003.

(2) In these Regulations “the Act” means the Sex Discrimination Act 1975( 3 ).

Police

2. —(1) Section 17 of the Act( 4 ) is amended as follows.

(2) In paragraph (b) of subsection (1), for the word “them” substitute “it”.

(3) After subsection (1) insert—

“ (1A) For the purposes of section 41—

(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. ”

(4) After subsection (5) insert—

“ (5A) 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 this Act 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. ”

(5) In subsection (6), after the words “Subsections (1)”, insert “, (1A)”.

(6) At the beginning of subsection (7) insert the words “Subject to subsection (9),”.

(7) In subsection (7), in the definition of “chief officer of police” in paragraph (b), after the words “the officer” insert “or other person”.

(8) In subsection (7), in the definition of “police authority”, after paragraph (a) insert—

“ (aa) 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 ( 5 ) , means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad, ” .

(9) After subsection (8) insert—

“ (9) 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 section to the chief officer of police are references to the chief officer for the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force. ”

Discrimination after a relevant relationship has come to an end

3. After section 20 of the Act, insert the following section—

“ Relationships which have come to an end

Relationships which have come to an end

20A —(1) This section applies where—

(a) there has been a relevant relationship between a woman and another person (“the relevant person”), and

(b) the relationship has come to an end (whether before or after the commencement of this section).

(2) In this section, a “relevant relationship” is a relationship during the course of which an act of discrimination by one party to the relationship against the other party to it is unlawful under any preceding provision of this Part.

(3) It is unlawful for the relevant person to discriminate against the woman by subjecting her to a detriment where the discrimination arises out of and is closely connected to the relevant relationship. ”

4. After section 35B of the Act( 6 ), insert the following section—

“ Relationships which have come to an end

Relationships which have come to an end

35C —(1) This section applies where—

(a) there has been a relevant relationship between a woman and another person (“the relevant person”), and

(b) the relationship has come to an end (whether before or after the commencement of this section).

(2) In this section, a “relevant relationship” is a relationship during the course of which an act of discrimination by one party to the relationship against the other party to it is unlawful under—

(a) section 35A or 35B, or

(b) any other provision of this Part, so far as the provision applies to vocational training.

(3) It is unlawful for the relevant person to discriminate against the woman by subjecting her to a detriment where the discrimination arises out of and is closely connected to the relevant relationship. ”