Acts authorised by statute or the executive: paragraph 1
Effect
988.This paragraph allows direct nationality discrimination and indirect race discrimination on the basis of residency requirements where the discrimination is required by law, Ministerial arrangements or Ministerial conditions.
Background
989.The paragraph replaces a similar exception in the Race Relations Act 1976.
Examples
The points-based system which replaced the former work permit arrangements can discriminate on the basis of nationality in determining whether migrants from outside the European Economic Area and Switzerland should be given permission to work in the United Kingdom.
The NHS can charge some people who are not ordinarily resident in the United Kingdom for hospital treatment they receive here.
Overseas students at universities in England and Wales can be required to pay higher tuition fees than local students (there are no tuition fees in Scotland).
