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8. In section 35(1) (further exceptions from sections 29(1) and 30)—
(a)in subsection (1) omit paragraphs (a) to (c) and insert “any of the conditions in subsections (1A) to (1C) is satisfied.”,
(b)after subsection (1) insert—
“(1A) The condition is that the place is, or is part of—
(a)a hospital, or
(b)any other establishment for persons requiring special care, supervision or attention.
(1B) The condition is that the place is (permanently or for the time being) occupied or used for the purposes of an organised religion, and the facilities or services are restricted to men so as to comply with the doctrines of that religion or avoid offending the religious susceptibilities of a significant number of its followers.
(1C) The condition is that the facilities or services are provided for, or are likely to be used by, two or more persons at the same time, and—
(a)the facilities or services are such, or those persons are such, that male users are likely to suffer serious embarrassment at the presence of a woman, or
(b)the facilities or services are such that a user is likely to be in a state of undress and a male user might reasonably object to the presence of a female user.”.
(c)after subsection (2) insert—
“(2A) In their application to discrimination falling within section 2A, subsections (1A), (1C) and (2) shall apply to the extent that any such discrimination is a proportionate means of achieving a legitimate aim.”, and
(d)in subsection (3)(2), after “discrimination” (in each place where it occurs), insert “or harassment”.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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