PART 2 DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING

9 Exception for genuine occupational requirement etc.
1 In relation to discrimination falling within regulation 3 (discrimination on grounds of age)—
(a) regulation 7(1)(a) or (c) does not apply to any employment;
(b) regulation 7(2)(b) or (c) does not apply to promotion or transfer to, or training for, any employment; and
(c) regulation 7(2)(d) does not apply to dismissal from any employment,
where paragraph (2) applies.
2 This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out—
(a) possessing a characteristic related to age is a genuine and determining occupational requirement;
(b) it is proportionate to apply that requirement in the particular case; and
(c) either—
(i) the person to whom that requirement is applied does not meet it; or
(ii) the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it.