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Section 31

SCHEDULE 3E+W+SServices and public functions: exceptions

This schedulenoteType=Explanatory Notes has no associated

Part 1 E+W+SConstitutional matters

ParliamentE+W+S

1(1)Section 29 does not apply to the exercise of—E+W+S

(a)a function of Parliament;

(b)a function exercisable in connection with proceedings in Parliament.

(2)Sub-paragraph (1) does not permit anything to be done to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House.

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Commencement Information

I1Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

LegislationE+W+S

2(1)Section 29 does not apply to preparing, making or considering—E+W+S

(a)an Act of Parliament;

(b)a Bill for an Act of Parliament;

(c)an Act of the Scottish Parliament;

(d)a Bill for an Act of the Scottish Parliament;

(e)an Act of the National Assembly for Wales;

(f)a Bill for an Act of the National Assembly for Wales.

(2)Section 29 does not apply to preparing, making, approving or considering—

(a)a Measure of the National Assembly for Wales;

(b)a proposed Measure of the National Assembly for Wales.

(3)Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by—

(a)a Minister of the Crown;

(b)the Scottish Ministers or a member of the Scottish Executive;

(c)the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(4)Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts of Synod, orders, etc.) applies.

(5)Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by—

(a)Her Majesty in Council;

(b)the Privy Council.

(6)Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions).

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Commencement Information

I2Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Judicial functionsE+W+S

3(1)Section 29 does not apply to—E+W+S

(a)a judicial function;

(b)anything done on behalf of, or on the instructions of, a person exercising a judicial function;

(c)a decision not to commence or continue criminal proceedings;

(d)anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings.

(2)A reference in sub-paragraph (1) to a judicial function includes a reference to a judicial function conferred on a person other than a court or tribunal.

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Commencement Information

I3Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Armed forcesE+W+S

4(1)Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces.E+W+S

(2)“Relevant discrimination” is—

(a)age discrimination;

(b)disability discrimination;

(c)gender reassignment discrimination;

(d)sex discrimination.

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Commencement Information

I4Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Security services, etc.E+W+S

5Section 29 does not apply to—E+W+S

(a)the Security Service;

(b)the Secret Intelligence Service;

(c)the Government Communications Headquarters;

(d)a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

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Commencement Information

I5Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 2 E+W+SEducation

6In its application to a local authority in England and Wales, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to—E+W+S

(a)the exercise of the authority's functions under section 14 of the Education Act 1996 (provision of schools);

(b)the exercise of its function under section 13 of that Act in so far as it relates to a function of its under section 14 of that Act.

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Commencement Information

I6Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

7In its application to an education authority, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to—E+W+S

(a)the exercise of the authority's functions under section 17 of the Education (Scotland) Act 1980 (provision of schools);

(b)the exercise of its functions under section 1 of that Act, section 2 of the Standards in Scotland's Schools etc. Act 2000 (asp 6) or section 4 or 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (general responsibility for education) in so far as it relates to a matter specified in paragraph (a);

(c)the exercise of its functions under subsection (1) of section 50 of the Education (Scotland) Act 1980 (education of pupils in exceptional circumstances) in so far as it consists of making arrangements of the description referred to in subsection (2) of that section.

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Commencement Information

I7Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

8(1)In its application to a local authority in England and Wales or an education authority, section 29, so far as relating to sex discrimination, does not apply to the exercise of the authority's functions in relation to the establishment of a school.E+W+S

(2)But nothing in sub-paragraph (1) is to be taken as disapplying section 29 in relation to the exercise of the authority's functions under section 14 of the Education Act 1996 or section 17 of the Education (Scotland) Act 1980.

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Commencement Information

I8Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

9Section 29, so far as relating to age discrimination, does not apply in relation to anything done in connection with—E+W+S

(a)the curriculum of a school,

(b)admission to a school,

(c)transport to or from a school, or

(d)the establishment, alteration or closure of schools.

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Commencement Information

I9Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

10(1)Section 29, so far as relating to disability discrimination, does not require a local authority in England or Wales exercising functions under the Education Acts or an education authority exercising relevant functions to remove or alter a physical feature.E+W+S

(2)Relevant functions are functions under—

(a)the Education (Scotland) Act 1980,

(b)the Education (Scotland) Act 1996,

(c)the Standards in Scotland's Schools etc. Act 2000, or

(d)the Education (Additional Support for Learning) (Scotland) Act 2004.

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Commencement Information

I10Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

11Section 29, so far as relating to religious or belief-related discrimination, does not apply in relation to anything done in connection with—E+W+S

(a)the curriculum of a school;

(b)admission to a school which has a religious ethos;

(c)acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum);

(d)the responsible body of a school which has a religious ethos;

(e)transport to or from a school;

(f)the establishment, alteration or closure of schools.

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Commencement Information

I11Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

12This Part of this Schedule is to be construed in accordance with Chapter 1 of Part 6.E+W+S

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Commencement Information

I12Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 3 E+W+SHealth and care

Blood servicesE+W+S

13(1)A person operating a blood service does not contravene section 29 only by refusing to accept a donation of an individual's blood if—E+W+S

(a)the refusal is because of an assessment of the risk to the public, or to the individual, based on clinical, epidemiological or other data obtained from a source on which it is reasonable to rely, and

(b)the refusal is reasonable.

(2)A blood service is a service for the collection and distribution of human blood for the purposes of medical services.

(3)Blood” includes blood components.

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Commencement Information

I13Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Health and safetyE+W+S

14(1)A service-provider (A) who refuses to provide the service to a pregnant woman does not discriminate against her in contravention of section 29 because she is pregnant if—E+W+S

(a)A reasonably believes that providing her with the service would, because she is pregnant, create a risk to her health or safety,

(b)A refuses to provide the service to persons with other physical conditions, and

(c)the reason for that refusal is that A reasonably believes that providing the service to such persons would create a risk to their health or safety.

(2)A service-provider (A) who provides, or offers to provide, the service to a pregnant woman on conditions does not discriminate against her in contravention of section 29 because she is pregnant if—

(a)the conditions are intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that the provision of the service without the conditions would create a risk to her health or safety,

(c)A imposes conditions on the provision of the service to persons with other physical conditions, and

(d)the reason for the imposition of those conditions is that A reasonably believes that the provision of the service to such persons without those conditions would create a risk to their health or safety.

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Commencement Information

I14Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Care within the familyE+W+S

15A person (A) does not contravene section 29 only by participating in arrangements under which (whether or not for reward) A takes into A's home, and treats as members of A's family, persons requiring particular care and attention.E+W+S

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Commencement Information

I15Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 4 E+W+SImmigration

[F1AgeE+W+S

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Amendments (Textual)

15A(1)This paragraph applies in relation to age discrimination.E+W+S

(2)Section 29 does not apply to anything done by a relevant person in the exercise of functions exercisable by virtue of a relevant enactment.

(3)A relevant person is —

(a)a Minister of the Crown acting personally, or

(b)a person acting in accordance with a relevant authorisation.

(4)A relevant authorisation is a requirement imposed or express authorisation given—

(a)with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b)with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment.

(5)The relevant enactments are—

(a)the Immigration Acts,

(b)the Special Immigration Appeals Commission Act 1997,

(c)a provision made under section 2(2) of the European Communities Act 1972 which relates to immigration or asylum, and

(d)a provision of EU law which relates to immigration or asylum.

(6)The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

(a)sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or

(b)section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest).]

DisabilityE+W+S

16(1)This paragraph applies in relation to disability discrimination.E+W+S

(2)Section 29 does not apply to—

(a)a decision within sub-paragraph (3);

(b)anything done for the purposes of or in pursuance of a decision within that sub-paragraph.

(3)A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) to do any of the following on the ground that doing so is necessary for the public good—

(a)to refuse entry clearance;

(b)to refuse leave to enter or remain in the United Kingdom;

(c)to cancel leave to enter or remain in the United Kingdom;

(d)to vary leave to enter or remain in the United Kingdom;

(e)to refuse an application to vary leave to enter or remain in the United Kingdom.

(4)Section 29 does not apply to—

(a)a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3);

(b)a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within that sub-paragraph.

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Commencement Information

I16Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Nationality and ethnic or national originsE+W+S

17(1)This paragraph applies in relation to race discrimination so far as relating to—E+W+S

(a)nationality, or

(b)ethnic or national origins.

(2)Section 29 does not apply to anything done by a relevant person in the exercise of functions exercisable by virtue of a relevant enactment.

(3)A relevant person is—

(a)a Minister of the Crown acting personally, or

(b)a person acting in accordance with a relevant authorisation.

(4)A relevant authorisation is a requirement imposed or express authorisation given—

(a)with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b)with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment.

(5)The relevant enactments are—

(a)the Immigration Acts,

(b)the Special Immigration Appeals Commission Act 1997,

(c)a provision made under section 2(2) of the European Communities Act 1972 which relates to immigration or asylum, and

(d)a provision of [F2EU law] which relates to immigration or asylum.

(6)The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

(a)sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or

(b)section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest).

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Amendments (Textual)

Commencement Information

I17Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Religion or beliefE+W+S

18(1)This paragraph applies in relation to religious or belief-related discrimination.E+W+S

(2)Section 29 does not apply to a decision within sub-paragraph (3) or anything done for the purposes of or in pursuance of a decision within that sub-paragraph.

(3)A decision is within this sub-paragraph if it is a decision taken in accordance with immigration rules—

(a)to refuse entry clearance or leave to enter the United Kingdom, or to cancel leave to enter or remain in the United Kingdom, on the grounds that the exclusion of the person from the United Kingdom is conducive to the public good, or

(b)to vary leave to enter or remain in the United Kingdom, or to refuse an application to vary leave to enter or remain in the United Kingdom, on the grounds that it is undesirable to permit the person to remain in the United Kingdom.

(4)Section 29 does not apply to a decision within sub-paragraph (5), or anything done for the purposes of or in pursuance of a decision within that sub-paragraph, if the decision is taken on grounds mentioned in sub-paragraph (6).

(5)A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) in connection with an application for entry clearance or for leave to enter or remain in the United Kingdom.

(6)The grounds referred to in sub-paragraph (4) are—

(a)the grounds that a person holds an office or post in connection with a religion or belief or provides a service in connection with a religion or belief,

(b)the grounds that a religion or belief is not to be treated in the same way as certain other religions or beliefs, or

(c)the grounds that the exclusion from the United Kingdom of a person to whom paragraph (a) applies is conducive to the public good.

(7)Section 29 does not apply to—

(a)a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3) or (5);

(b)a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within either of those sub-paragraphs.

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Commencement Information

I18Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

InterpretationE+W+S

19A reference to entry clearance, leave to enter or remain or immigration rules is to be construed in accordance with the Immigration Act 1971.E+W+S

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Commencement Information

I19Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 5 E+W+S[F3Insurance and other financial services]

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Amendments (Textual)

Services arranged by employerE+W+S

20(1)Section 29 does not apply to the provision of a relevant financial service if the provision is in pursuance of arrangements made by an employer for the service-provider to provide the service to the employer's employees, and other persons, as a consequence of the employment.E+W+S

(2)Relevant financial service” means—

(a)insurance or a related financial service, or

(b)a service relating to membership of or benefits under a personal pension scheme (within the meaning given by section 1 of the Pension Schemes Act 1993).

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Commencement Information

I20Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F4AgeE+W+S

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Amendments (Textual)

20A(1)A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service.E+W+S

(2)Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely.

(3)In this paragraph, “financial service” includes a service of a banking, credit, insurance, personal pension, investment or payment nature.]

DisabilityE+W+S

21(1)It is not a contravention of section 29, so far as relating to disability discrimination, to do anything in connection with insurance business if—E+W+S

(a)that thing is done by reference to information that is both relevant to the assessment of the risk to be insured and from a source on which it is reasonable to rely, and

(b)it is reasonable to do that thing.

(2)Insurance business” means business which consists of effecting or carrying out contracts of insurance; and that definition is to be read with—

(a)section 22 of the Financial Services and Markets Act 2000,

(b)any relevant order under that Act, and

(c)Schedule 2 to that Act.

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Commencement Information

I21Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Sex, gender reassignment, pregnancy and maternityE+W+S

22F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Commencement Information

I22Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Existing insurance policiesE+W+S

23(1)It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in connection with insurance business in relation to an existing insurance policy.E+W+S

(2)“Relevant discrimination” is—

(a)age discrimination;

(b)disability discrimination;

(c)gender reassignment discrimination;

(d)pregnancy and maternity discrimination;

(e)race discrimination;

(f)religious or belief-related discrimination;

(g)sex discrimination;

(h)sexual orientation discrimination.

(3)An existing insurance policy is a policy of insurance entered into before the date on which this paragraph comes into force.

(4)Sub-paragraph (1) does not apply where an existing insurance policy was renewed, or the terms of such a policy were reviewed, on or after the date on which this paragraph comes into force.

(5)A review of an existing insurance policy which was part of, or incidental to, a general reassessment by the service-provider of the pricing structure for a group of policies is not a review for the purposes of sub-paragraph (4).

(6)Insurance business” has the meaning given in paragraph 21.

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Commencement Information

I23Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 6 E+W+SMarriage

Gender reassignment: England and WalesE+W+S

24(1)A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in reliance on section 5B of the Marriage Act 1949 (solemnisation of marriages involving person of acquired gender).E+W+S

(2)A person (A) whose consent to the solemnisation of the marriage of a person (B) is required under section 44(1) of the Marriage Act 1949 (solemnisation in registered building) does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to consent if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.

(3)Sub-paragraph (4) applies to a person (A) who may, in a case that comes within the Marriage Act 1949 (other than the case mentioned in sub-paragraph (1)), solemnise marriages according to a form, rite or ceremony of a body of persons who meet for religious worship.

(4)A does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to solemnise, in accordance with a form, rite or ceremony as described in sub-paragraph (3), the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.

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Commencement Information

I24Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Gender reassignment: ScotlandE+W+S

25(1)An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to solemnise the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.E+W+S

(2)In sub-paragraph (1) “approved celebrant” has the meaning given in section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise marriage).

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Commencement Information

I25Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 7 E+W+S[F6Separate, single and concessionary services, etc]

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Amendments (Textual)

Separate services for the sexesE+W+S

26(1)A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services for persons of each sex if—E+W+S

(a)a joint service for persons of both sexes would be less effective, and

(b)the limited provision is a proportionate means of achieving a legitimate aim.

(2)A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services differently for persons of each sex if—

(a)a joint service for persons of both sexes would be less effective,

(b)the extent to which the service is required by one sex makes it not reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex, and

(c)the limited provision is a proportionate means of achieving a legitimate aim.

(3)This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

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Commencement Information

I26Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Single-sex servicesE+W+S

27(1)A person does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex if—E+W+S

(a)any of the conditions in sub-paragraphs (2) to (7) is satisfied, and

(b)the limited provision is a proportionate means of achieving a legitimate aim.

(2)The condition is that only persons of that sex have need of the service.

(3)The condition is that—

(a)the service is also provided jointly for persons of both sexes, and

(b)the service would be insufficiently effective were it only to be provided jointly.

(4)The condition is that—

(a)a joint service for persons of both sexes would be less effective, and

(b)the extent to which the service is required by persons of each sex makes it not reasonably practicable to provide separate services.

(5)The condition is that the service is provided at a place which is, or is part of—

(a)a hospital, or

(b)another establishment for persons requiring special care, supervision or attention.

(6)The condition is that—

(a)the service is provided for, or is likely to be used by, two or more persons at the same time, and

(b)the circumstances are such that a person of one sex might reasonably object to the presence of a person of the opposite sex.

(7)The condition is that—

(a)there is likely to be physical contact between a person (A) to whom the service is provided and another person (B), and

(b)B might reasonably object if A were not of the same sex as B.

(8)This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

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Commencement Information

I27Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Gender reassignmentE+W+S

28(1)A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim.E+W+S

(2)The matters are—

(a)the provision of separate services for persons of each sex;

(b)the provision of separate services differently for persons of each sex;

(c)the provision of a service only to persons of one sex.

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Commencement Information

I28Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Services relating to religionE+W+S

29(1)A minister does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex or separate services for persons of each sex, if—E+W+S

(a)the service is provided for the purposes of an organised religion,

(b)it is provided at a place which is (permanently or for the time being) occupied or used for those purposes, and

(c)the limited provision of the service is necessary in order to comply with the doctrines of the religion or is for the purpose of avoiding conflict with the strongly held religious convictions of a significant number of the religion's followers.

(2)The reference to a minister is a reference to a minister of religion, or other person, who—

(a)performs functions in connection with the religion, and

(b)holds an office or appointment in, or is accredited, approved or recognised for purposes of, a relevant organisation in relation to the religion.

(3)An organisation is a relevant organisation in relation to a religion if its purpose is—

(a)to practise the religion,

(b)to advance the religion,

(c)to teach the practice or principles of the religion,

(d)to enable persons of the religion to receive benefits, or to engage in activities, within the framework of that religion, or

(e)to foster or maintain good relations between persons of different religions.

(4)But an organisation is not a relevant organisation in relation to a religion if its sole or main purpose is commercial.

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Commencement Information

I29Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Services generally provided only for persons who share a protected characteristicE+W+S

30If a service is generally provided only for persons who share a protected characteristic, a person (A) who normally provides the service for persons who share that characteristic does not contravene section 29(1) or (2)—E+W+S

(a)by insisting on providing the service in the way A normally provides it, or

(b)if A reasonably thinks it is impracticable to provide the service to persons who do not share that characteristic, by refusing to provide the service.

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Commencement Information

I30Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F7ConcessionsE+W+S

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Amendments (Textual)

30A(1)A person does not contravene section 29, so far as relating to age discrimination, by giving a concession in respect of a service to persons of a particular age group.E+W+S

(2)The reference to a concession in respect of a service is a reference to a benefit, right or privilege having the effect that the manner in which the service is provided is, or the terms on which it is provided are, more favourable than the manner in which, or the terms on which, it is usually provided to the public (or, where it is provided to a section of the public, that section).]

[F8Age related holidaysE+W+S

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Amendments (Textual)

30B(1)A person (P) does not contravene section 29, so far as relating to age discrimination, by providing a relevant holiday service to persons of a particular age group.E+W+S

(2)In sub-paragraph (1) “relevant holiday service” means a service—

(a)which involves the provision of at least two of the following together for a single price—

(i)travel;

(ii)accommodation;

(iii)access to activities or services not ancillary to travel or accommodation which form a significant part of the service or its cost;

(b)the provision of which is for a period of more than 24 hours or includes the provision of overnight accommodation;

(c)which P provides only to persons of the age group in question; and

(d)an essential feature of which is the bringing together of persons of that age group with a view to facilitating their enjoyment of facilities or services designed with particular regard to persons of that age group.

(3)P may not rely on sub-paragraph (1) unless, before providing a person with a relevant holiday service, P provides the person with a written statement that the service is provided only to persons of the age group in question.

(4)For the purpose of sub-paragraph (2)(a)(i), “travel” includes an option for an individual to make alternative travel arrangements to those included in the relevant holiday service as offered by P.]

[F9Age restricted servicesE+W+S

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Amendments (Textual)

30C(1)This paragraph applies where a person (P)—E+W+S

(a)provides a service the provision of which is prohibited by or under an enactment to persons under the age specified in or under the enactment (“the statutory age”), and

(b)displays on the premises on which the service is provided an age warning in relation to the provision of the service.

(2)An age warning in relation to the provision of a service is a statement to the effect that the service will not be provided to a person who—

(a)appears to P, or an employee or agent of P's, to be under the age specified in the statement, and

(b)on being required to do so by P or the employee or agent, fails to produce satisfactory identification.

(3)P does not contravene section 29, so far as relating to age discrimination, by not providing the service to a person, who—

(a)appears to P, or an employee or agent of P's, to be under the age specified in the age warning in relation to the provision of the service, and

(b)on being required to do so by P or the employee or agent, fails to produce satisfactory identification.

(4)In this paragraph—

(a)a reference to the provision of a service includes a reference to provision of access to the service, and

(b)satisfactory identification”, in relation to a person, means a valid document which—

(i)in the case of licensed premises where an age condition applies, meets that condition, and

(ii)in any other case includes a photograph of the person and establishes that the person has attained the statutory age in relation to the provision of a service;

  • licensed premises” means premises in respect of which a relevant premises licence within the meaning of section 19A of the Licensing Act 2003 (mandatory conditions where alcohol sold) has effect; and

  • age condition” means a condition specified in an order under subsection (1) of section 19A of that Act requiring the age of certain persons to be verified in the manner specified in the condition before they are served alcohol in premises where the condition applies.]

[F10Residential mobile homesE+W+S

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Amendments (Textual)

30D(1)A person (A) who is the owner of a protected site does not contravene section 29, so far as relating to age discrimination, by—E+W+S

(a)entering into a mobile home agreement with a person (B) that entitles only persons who have attained a particular age to station and occupy a mobile home on land forming part of the site, or

(b)refusing to permit assignment by B of a mobile home agreement to any person other than a person who has attained a particular age.

(2)A does not contravene section 29, so far as relating to age discrimination, by imposing a requirement in park rules that mobile homes stationed on land forming part of the site and occupied under mobile home agreements may be occupied only by persons who have attained a particular age.

(3)A does not contravene section 29, so far as relating to age discrimination, by—

(a)imposing in or under a mobile home rental agreement with a person (C) a requirement that the mobile home to which the agreement relates may be occupied only by persons who have attained a particular age, or

(b)refusing to permit assignment by C of a mobile home rental agreement to any person other than a person who has attained a particular age.

(4)But A may not rely on sub-paragraph (1) or (3) unless, before doing something mentioned in that sub-paragraph, A provides B or C, as the case may be, with a written statement to the effect that the mobile home in question may be occupied only by persons who have attained the age in question.

(5)In this paragraph,

  • mobile home agreement” means an agreement to which the Mobile Homes Act 1983 applies; and “owner”, “protected site” and “mobile home” have the same meaning as in that Act;

  • park rules” means rules applying to residents of mobile homes on the protected site and required to be observed by a term in the mobile home agreement or the mobile home rental agreement as the case may be;

  • mobile home rental agreement” means an agreement (other than an arrangement to occupy a mobile home for the purposes of a holiday) under which a person (“the occupier”) is entitled to occupy a mobile home on the protected site as the occupier's residence whether for a specified period or for successive periods of a specified duration subject to payment of money and the performance of other obligations.]

Part 8 E+W+STelevision, radio and on-line broadcasting and distribution

31(1)Section 29 does not apply to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).E+W+S

(2)Sub-paragraph (1) does not apply to the provision of an electronic communications network, electronic communications service or associated facility (each of which has the same meaning as in that Act).

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Commencement Information

I31Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 9 E+W+STransport

Application to disabilityE+W+S

32This Part of this Schedule applies in relation to disability discrimination.E+W+S

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Commencement Information

I32Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Transport by airE+W+S

33(1)Section 29 does not apply to—E+W+S

(a)transporting people by air;

(b)a service provided on a vehicle for transporting people by air.

(2)Section 29 does not apply to anything governed by Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F11Transport by land: road]E+W+S

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Amendments (Textual)

34(1)Section 29 does not apply to transporting people by land, unless the vehicle concerned is—E+W+S

(a)a hire-vehicle designed and constructed for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat,

(b)a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes,

(c)a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes,

(d)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions),

(e)a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982),

(f)a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981),

(g)a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992),

(h)a taxi,

(i)a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or

(j)a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992).

(2)Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it applies for the purposes of paragraph 3 of that Schedule.

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Commencement Information

I34Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F12Transport by land: railE+W+S

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Amendments (Textual)

34ASection 29 does not apply to anything governed by Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations. M1]E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M1OJ No. L315, 3.12.2007, p.14.

Part 10 E+W+SSupplementary

Power to amendE+W+S

35(1)A Minister of the Crown may by order amend this Schedule—E+W+S

(a)so as to add, vary or omit an exception to section 29, so far as relating to disability, religion or belief or sexual orientation;

(b)so as to add, vary or omit an exception to section 29(6), so far as relating to gender reassignment, pregnancy and maternity, race or sex.

(2)But provision by virtue of sub-paragraph (1) may not amend this Schedule—

(a)so as to omit an exception in paragraph 1, 2 or 3;

(b)so as to reduce the extent to which an exception in paragraph 1, 2 or 3 applies.

(3)For the purposes of an order under sub-paragraph (1)(a), so far as relating to disability, which makes provision in relation to transport by air, it does not matter whether the transport is within or outside the United Kingdom.

(4)Before making an order under this paragraph the Minister must consult the Commission.

(5)Nothing in this paragraph affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

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