46Communal accommodation
(1)In this section " communal accommodation " means residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy or decency should be used by men only, or by women only (but which may include some shared sleeping accommodation for men, and some for women, or some ordinary sleeping accommodation).
(2)In this section "communal accommodation " also includes residential accommodation all or part of which should be used by men only, or by women only, because of the nature of the sanitary facilities serving the accommodation.
(3)Nothing in Part II or III shall render unlawful sex discrimination in the admission of persons to communal accommodation if the accommodation is managed in a way which, given the exigencies of the situation, comes as near as may be to fair and equitable treatment of men and women.
(4)In applying subsection (3) account shall be taken of—
(a)whether and how far it is reasonable to expect that the accommodation should be altered or extended, or that further alternative accommodation should be provided ; and
(b)the frequency of the demand or need for use of the accommodation by men as compared with women.
(5)Nothing in Part II or III shall render unlawful sex discrimination against a woman, or against a man, as respects the provision of any benefit, facility or service if—
(a)the benefit, facility or service cannot properly and effectively be provided except for those using communal accommodation, and
(b)in the relevant circumstances the woman or, as the case may be, the man could lawfully be refused the use of the accommodation by virtue of subsection (3).
(6)Neither subsection (3) nor subsection (5) is a defence to an act of sex discrimination under Part II unless such arrangements as are reasonably practicable are made to compensate for the detriment caused by the discrimination; but in considering under subsection (5)(b) whether the use of communal accommodation could lawfully be refused (in a case based on Part II), it shall be assumed that the requirements of this subsection have been complied with as respects subsection (3).
(7)Section 25 shall not apply to sex discrimination within subsection (3) or (5).
(8)This section is without prejudice to the generality of section 35(1)(c).