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Equality Act 2010

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Equality Act 2010, Part 5 is up to date with all changes known to be in force on or before 12 August 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part 5E+W+S[F1Insurance and other financial services]

Textual Amendments

F1Sch. 3 Pt. 5 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3

Services arranged by employerE+W+S

20(1)Section 29 does not apply to the provision of a relevant financial service if the provision is in pursuance of arrangements made by an employer for the service-provider to provide the service to the employer's employees, and other persons, as a consequence of the employment.E+W+S

(2)Relevant financial service” means—

(a)insurance or a related financial service, or

(b)a service relating to membership of or benefits under a personal pension scheme (within the meaning given by section 1 of the Pension Schemes Act 1993).

Commencement Information

I1Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F2AgeE+W+S

Textual Amendments

F2Sch. 3 para. 20A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3

20A(1)A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service.E+W+S

(2)Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely.

(3) In this paragraph, “ financial service ” includes a service of a banking, credit, insurance, personal pension, investment or payment nature. ]

DisabilityE+W+S

21(1)It is not a contravention of section 29, so far as relating to disability discrimination, to do anything in connection with insurance business if—E+W+S

(a)that thing is done by reference to information that is both relevant to the assessment of the risk to be insured and from a source on which it is reasonable to rely, and

(b)it is reasonable to do that thing.

(2)Insurance business” means business which consists of effecting or carrying out contracts of insurance; and that definition is to be read with—

(a)section 22 of the Financial Services and Markets Act 2000,

(b)any relevant order under that Act, and

(c)Schedule 2 to that Act.

Commencement Information

I2Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Sex, gender reassignment, pregnancy and maternityE+W+S

22E+W+SF3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 3 para. 22 omitted (21.12.2012) by virtue of The Equality Act 2010 (Amendment) Regulations 2012 (S.I. 2012/2992), reg. 2 (with reg. 3)

Commencement Information

I3Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Existing insurance policiesE+W+S

23(1)It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in connection with insurance business in relation to an existing insurance policy.E+W+S

(2)“Relevant discrimination” is—

(a)age discrimination;

(b)disability discrimination;

(c)gender reassignment discrimination;

(d)pregnancy and maternity discrimination;

(e)race discrimination;

(f)religious or belief-related discrimination;

(g)sex discrimination;

(h)sexual orientation discrimination.

(3)An existing insurance policy is a policy of insurance entered into before the date on which this paragraph comes into force.

(4)Sub-paragraph (1) does not apply where an existing insurance policy was renewed, or the terms of such a policy were reviewed, on or after the date on which this paragraph comes into force.

(5)A review of an existing insurance policy which was part of, or incidental to, a general reassessment by the service-provider of the pricing structure for a group of policies is not a review for the purposes of sub-paragraph (4).

(6)Insurance business” has the meaning given in paragraph 21.

Commencement Information

I4Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

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