SCHEDULES
SCHEDULE 3Services and public functions: exceptions
Part 7F1 Separate, single and concessionary services, etc
Single-sex services
I127
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—
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.
Sch. 3 Pt. 7 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 4