(2) For the purposes of subsection (1), an employee or agent for whose act the employer or principal is liable under section 47 (or would be so liable but for section 47(3)) is deemed to aid the doing of the act by the employer or principal.
(3) A person (“the first-mentioned person”) does not under this section knowingly aid another person (“the second-mentioned person”) to do an unlawful act if—
- (a) the first-mentioned person acts on a statement made to him or her by the second-mentioned person that, by reason of any provision of this Ordinance, the act which the first-mentioned person aids would not be unlawful; and
- (b) it is reasonable for the first-mentioned person to rely on that statement.
(4) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (3)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.
PART 6
Matters not Affected by Parts 3, 4 and 5
49. Special measures
Nothing in Part 3, 4 or 5 renders unlawful an act that is reasonably intended to—
- (a) ensure that persons of a particular racial group have equal opportunities with other persons in circumstances in relation to which a provision is made by this Ordinance;
- (b) afford persons of a particular racial group goods or access to services, facilities or opportunities to meet their special needs in relation to—
- (i) employment, education, welfare or clubs; or
- (ii) the provision of premises, goods, services or facilities; or
- (c) afford persons of a particular racial group grants, benefits or programmes, whether direct or indirect, to meet their special needs in relation to—
- (i) employment, education, welfare or clubs; or
- (ii) the provision of premises, goods, services or facilities.
