Exceptions for positive action
31.—(1) Nothing in Part 2 or 3 shall render unlawful any act done in or in connection with—
(a)affording persons of a particular age or age group access to facilities for training which would help fit them for particular work; or
(b)encouraging persons of a particular age or age group to take advantage of opportunities for doing particular work,
where it reasonably appears to the person doing the act that it prevents or compensates for disadvantages linked to age suffered by persons of that age or age group doing that work or likely to take up that work.
(2) Nothing in Part 2 or 3 shall render unlawful any act done by a trade organisation within the meaning of regulation 19 (trade organisations) in or in connection with—
(a)affording only members of the organisation who are of a particular age or age group access to facilities for training which would help fit them for holding a post of any kind in the organisation; or
(b)encouraging only members of the organisation who are of a particular age or age group to take advantage of opportunities for holding such posts in the organisation,
where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to age suffered by those of that age or age group holding such posts or likely to hold such posts.
(3) Nothing in Part 2 or 3 shall render unlawful any act done by a trade organisation within the meaning of regulation 19 (trade organisations) in or in connection with encouraging only persons of a particular age or age group to become members of the organisation where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to age suffered by persons of that age or age group who are, or are eligible to become, members.