Equality Act 2010

This section has no associated Explanatory Notes

[F115A(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 [F2relevant functions].

(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, [F3by or under anything mentioned in sub-paragraph (5)(a) to (c)];

(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)[F4“Relevant functions” means functions exercisable by virtue of ] —

(a)the Immigration Acts,

(b)the Special Immigration Appeals Commission Act 1997, [F5or]

(c)[F6anything which forms part of [F7assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3] of the European Union (Withdrawal) Act 2018 and [F8(in either case)]] relates to immigration or asylum. F9...

F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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). ]

Textual Amendments

F1Sch. 3 para. 15A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 2