The Employment Equality (Sex Discrimination) Regulations 2005

Clergy

This sectionnoteType=Explanatory Memorandum has no associated

20.  (1)  For section 19 of the 1975 Act (ministers of religion etc.) substitute—

19.  (1)  Nothing in this Part shall make it unlawful to apply a requirement in relation to employment where—

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

(b)the requirement is one to which subsection (3) applies, and

(c)the requirement is applied—

(i)so as to comply with the doctrines of the religion, or

(ii)because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly-held religious convictions of a significant number of the religion’s followers.

(2) Nothing in section 13 shall make it unlawful to apply a requirement in relation to an authorisation or qualification (as defined in that section) where—

(a)the authorisation or qualification is for purposes of an organised religion,

(b)the requirement is one to which subsection (3) applies, and

(c)the requirement is applied—

(i)so as to comply with the doctrines of the religion, or

(ii)by the authority or body concerned, or by the person by whom the authority or body acts in a particular case, so as to avoid conflicting with the strongly-held religious convictions of a significant number of the religion’s followers.

(3) This subsection applies to—

(a)a requirement to be of a particular sex,

(b)a requirement not to be undergoing or to have undergone gender reassignment,

(c)a requirement relating to not being married or to not being a civil partner,

(d)a requirement, applied in relation to a person who is married, or is a civil partner, that relates—

(i)to the person, or the person’s spouse or civil partner, not having a living former spouse or a living former civil partner, or

(ii)to how the person, or the person’s spouse or civil partner, has at any time ceased to be married or ceased to be a civil partner..

(2) Section 6 of the Priests (Ordination of Women) Measure 1993 (No. 2)(1) is repealed.

(3) Regulation 5 of the Sex Discrimination (Gender Reassignment) Regulations 1999(2) is revoked.

(2)

S.I. 1999/1102.