Comments: Is Ordination a Trade Qualification?

I guess part of this clause may be "for the avoidance of doubt". It would avoid the chance of an individual claiming that ordination was a qualification within the meaning of the legislation, whether or not that would subsequently be sustained by legal action.

It is often useful in looking at draft legislation on sexuality to compare with equivalent laws on gender from ten or twenty years ago. Does this clause have a parallel exemption for gender discrimination?

Posted by David Walker at Wednesday, 20 August 2003 at 2:28pm BST

Yes, Clause 19 the Sex Discrimination Act 1975 (as amended) does have parallel references to "an authorisation or qualification" as defined in Clause 13 of the SDA.

However, in the case of regulations 7(3) and 16(3) the ability to claim an exemption under this GOR depends in the first place upon having publicly stated in advance (in practice in writing) a specific condition relating to sexual orientation that the tribunal accepts as satisfying the rather stringent tests laid down in the regulations.

In the gender case, this was explicit in ecclesiastical legislation. In the sexual orientation case, there is no parallel to refer to.

Posted by Simon Sarmiento at Wednesday, 20 August 2003 at 4:38pm BST