22(1)It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in relation to an annuity, life insurance policy, accident insurance policy or similar matter involving the assessment of risk if—
(a)that thing is done by reference to actuarial or other data from a source on which it is reasonable to rely, and
(b)it is reasonable to do that thing.
(2)In the case of a contract of insurance, or a contract for related financial services, entered into before 6 April 2008, sub-paragraph (1) applies only in relation to differences in premiums and benefits that are applicable to a person under the contract.
(3)In the case of a contract of insurance, or a contract for related financial services, entered into on or after 6 April 2008, sub-paragraph (1) applies only in relation to differences in premiums and benefits if—
(a)the use of sex as a factor in the assessment of risk is based on relevant and accurate actuarial and statistical data,
(b)the data are compiled, published (whether in full or in summary form) and regularly updated in accordance with guidance issued by the Treasury,
(c)the differences are proportionate having regard to the data, and
(d)the differences do not result from costs related to pregnancy or to a woman’s having given birth in the period of 26 weeks ending on the day on which the thing in question is done.
(4)“Relevant discrimination” is—
(a)gender reassignment discrimination;
(b)pregnancy and maternity discrimination;
(c)sex discrimination.
(5)For the purposes of the application of sub-paragraph (3) to gender reassignment discrimination by virtue of section 13, that section has effect as if in subsection (1), after “others” there were inserted “of B’s sex”.
(6)In the application of sub-paragraph (3) to a contract entered into before 22 December 2008, paragraph (d) is to be ignored.