Section 29
1 (1) Section 27 does not apply to the exercise of—
(a) a function of Parliament;
(b) a function exercisable in connection with proceedings in Parliament.
(2)
Sub-paragraph (1) does not permit anything to be done in contravention of
10that section to or in relation to an individual unless it is done by or in
pursuance of a resolution or other deliberation of either House or of a
Committee of either House.
2 (1) Section 27 does not apply to preparing, making or considering—
(a) 15an Act of Parliament;
(b) a Bill for an Act of Parliament;
(c) an Act of the Scottish Parliament;
(d) a Bill for an Act of the Scottish Parliament;
(e) an Act of the National Assembly for Wales;
(f) 20a Bill for an Act of the National Assembly for Wales.
(2) Section 27 does not apply to preparing, making, approving or considering—
(a) a Measure of the National Assembly for Wales;
(b) a proposed Measure of the National Assembly for Wales.
(3)
Section 27 does not apply to preparing, making, confirming, approving or
25considering an instrument which is made under an enactment by—
(a) a Minister of the Crown;
(b) the Scottish Ministers or a member of the Scottish Executive;
(c)
the Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Assembly Government.
(4)
30Section 27 does not apply to preparing, making, confirming, approving or
considering an instrument to which paragraph 6(a) of Schedule 2 to the
Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts
of Synod, orders, etc.) applies.
(5)
Section 27 does not apply to anything done in connection with the
35preparation, making, consideration, approval or confirmation of an
instrument made—
(a) by Her Majesty in Council;
(b) by the Privy Council.
(6)
Section 27 does not apply to anything done in connection with the
40imposition of a requirement or condition which comes within Schedule 22.
Equality BillPage 151
3 (1) Section 27 does not apply to—
(a) a judicial function;
(b)
anything done on behalf of, or on the instructions of, a person
5exercising a judicial function;
(c) a decision not to commence or continue criminal proceedings;
(d)
anything done for the purpose of reaching, or in pursuance of, a
decision not to commence or continue criminal proceedings.
(2)
A reference in sub-paragraph (1) to a judicial function includes a reference
10to a judicial function conferred on a person other than a court or tribunal.
4
(1)
Section 27(6), so far as relating to relevant discrimination, does not apply to
anything done for the purpose of ensuring the combat effectiveness of the
armed forces.
(2) 15“Relevant discrimination” is—
(a) age discrimination;
(b) disability discrimination;
(c) gender reassignment discrimination;
(d) sex discrimination.
5 Section 27 does not apply to—
(a) the Security Service;
(b) the Secret Intelligence Service;
(c) the Government Communications Headquarters;
(d)
25a part of the armed forces which is, in accordance with a requirement
of the Secretary of State, assisting the Government Communications
Headquarters.
6
30In its application to a local authority in England and Wales, section 27, so far
as relating to age discrimination or religious or belief-related discrimination,
does not apply to—
(a)
the exercise of the authority’s functions under section 14 of the
Education Act 1996 (provision of schools);
(b)
35the exercise of its function under section 13 of that Act in so far as it
relates to a function of its under section 14 of that Act.
7
In its application to an education authority, section 27, so far as relating to
age discrimination or religious or belief-related discrimination, does not
apply to—
(a)
40the exercise of the authority’s functions under section 17 of the
Education (Scotland) Act 1980 (provision of schools);
Equality BillPage 152
(b)
the exercise of its functions under section 1 of that Act, section 2 of
the Standards in Scotland’s Schools etc. Act 2000 (asp 6) or section 4
or 5 of the Education (Additional Support for Learning) (Scotland)
Act 2004 (asp 4) (general responsibility for education) in so far as it
5relates to a matter specified in paragraph (a);
(c)
the exercise of its functions under subsection (1) of section 50 of the
Education (Scotland) Act 1980 (education of pupils in exceptional
circumstances) in so far as it consists of making arrangements of the
description referred to in subsection (2) of that section.
8
(1)
10In its application to a local authority in England and Wales or an education
authority, section 27, so far as relating to sex discrimination, does not apply
to the exercise of the authority’s functions in relation to the establishment of
a school.
(2)
But nothing in sub-paragraph (1) is to be taken as disapplying section 27 in
15relation to the exercise of the authority’s functions under section 14 of the
Education Act 1996 or section 17 of the Education (Scotland) Act 1982.
9
Section 27, so far as relating to age discrimination, does not apply in relation
to anything done in connection with—
(a) the curriculum of a school,
(b) 20admission to a school,
(c) transport to or from a school, or
(d) the establishment, alteration or closure of schools.
10
(1)
Section 27, so far as relating to disability discrimination, does not require a
local authority in England or Wales exercising functions under the
25Education Acts or an education authority exercising relevant functions—
(a) to remove or alter a physical feature;
(b) to provide auxiliary aids or services.
(2) Relevant functions are functions under—
(a) the Education (Scotland) Act 1980;
(b) 30the Education (Scotland) Act 1996;
(c) the Standards in Scotland’s Schools etc. Act 2000;
(d)
the Education (Additional Support for Learning) (Scotland) Act
2004.
11
Section 27, so far as relating to religious or belief-related discrimination,
35does not apply in relation to anything done in connection with—
(a) the curriculum of a school;
(b) admission to a school which has a religious ethos;
(c)
acts of worship or other religious observance organised by or on
behalf of a school (whether or not forming part of the curriculum);
(d) 40the responsible body of a school which has a religious ethos;
(e) transport to or from a school;
(f) the establishment, alteration or closure of schools.
12
This Part of this Schedule is to be construed in accordance with Chapter 1 of
Part 6.
Equality BillPage 153
13
(1)
A person operating a blood service does not contravene section 27 only by
5refusing to accept a donation of an individual’s blood if—
(a)
the refusal is because of an assessment of the risk to the public, or to
the individual, based on clinical, epidemiological or other data
obtained from a source on which it is reasonable to rely, and
(b) the refusal is reasonable.
(2)
10A blood service is a service for the collection and distribution of human
blood for the purposes of medical services.
(3) “Blood” includes blood components.
14
(1)
A service-provider (A) who refuses to provide the service to a pregnant
15woman does not discriminate against her in contravention of section 27
because she is pregnant if—
(a)
A reasonably believes that providing her with the service would,
because she is pregnant, create a risk to her health or safety,
(b)
A refuses to provide the service to persons with other physical
20conditions, and
(c)
the reason for that refusal is that A reasonably believes that
providing the service to such persons would create a risk to their
health or safety.
(2)
A service-provider (A) who provides, or offers to provide, the service to a
25pregnant woman on conditions does not discriminate against her in
contravention of section 27 because she is pregnant if—
(a)
the conditions are intended to remove or reduce a risk to her health
or safety,
(b)
A reasonably believes that the provision of the service without the
30conditions would create a risk to her health or safety,
(c)
A imposes conditions on the provision of the service to persons with
other physical conditions, and
(d)
the reason for the imposition of those conditions is that A reasonably
believes that the provision of the service to such persons without
35those conditions would create a risk to their health or safety.
15
A person (A) does not contravene section 27 only by participating in
arrangements under which (whether or not for reward) A takes into A’s
home, and treats as members of A’s family, persons requiring particular care
40and attention.
Equality BillPage 154
16 (1) This paragraph applies in relation to disability discrimination.
(2) 5Section 27 does not apply to—
(a) a decision within sub-paragraph (3);
(b)
anything done for the purposes of or in pursuance of a decision
within that sub-paragraph.
(3)
A decision is within this sub-paragraph if it is a decision (whether or not
10taken in accordance with immigration rules) to do any of the following on
the ground that doing so is necessary for the public good—
(a) to refuse entry clearance;
(b) to refuse leave to enter or remain in the United Kingdom;
(c) to cancel leave to enter or remain in the United Kingdom;
(d) 15to vary leave to enter or remain in the United Kingdom;
(e)
to refuse an application to vary leave to enter or remain in the United
Kingdom.
(4) Section 27 does not apply to—
(a)
a decision taken, or guidance given, by the Secretary of State in
20connection with a decision within sub-paragraph (3);
(b)
a decision taken in accordance with guidance given by the Secretary
of State in connection with a decision within that sub-paragraph.
17
(1)
This paragraph applies in relation to race discrimination so far as relating
25to—
(a) nationality;
(b) ethnic or national origins.
(2)
Section 27 does not apply to anything done by a relevant person in the
exercise of functions exercisable by virtue of a relevant enactment.
(3) 30A 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)
35with respect to a particular case or class of case, by a Minister of the
Crown acting personally;
(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) The relevant enactments are—
(a) 40the Immigration Acts;
(b) the Special Immigration Appeals Commission Act 1997;
Equality BillPage 155
(c)
a provision made under section 2(2) of the European Communities
Act 1972 which relates to immigration or asylum;
(d)
a provision of Community law which relates to immigration or
asylum.
(6)
5The 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,
10etc.) Act 2004 (power of arrest).
18
(1)
This paragraph applies in relation to religious or belief-related
discrimination.
(2)
Section 27 does not apply to a decision within sub-paragraph (3) or anything
15done for the purposes of or in pursuance of a decision within that sub-
paragraph.
(3)
A decision is within this sub-paragraph if it is a decision taken in accordance
with immigration rules—
(a)
to refuse entry clearance or leave to enter the United Kingdom, or to
20cancel leave to enter or remain in the United Kingdom, on the
grounds that the exclusion of the person from the United Kingdom
is conducive to the public good, or
(b)
to vary leave to enter or remain in the United Kingdom, or to refuse
an application to vary leave to enter or remain in the United
25Kingdom, on the grounds that it is undesirable to permit the person
to remain in the United Kingdom.
(4)
Section 27 does not apply to a decision within sub-paragraph (5), or
anything done for the purposes of or in pursuance of a decision within that
sub-paragraph, if the decision is taken on grounds mentioned in sub-
30paragraph (6).
(5)
A decision is within this sub-paragraph if it is a decision (whether or not
taken in accordance with immigration rules) in connection with an
application for entry clearance or for leave to enter or remain in the United
Kingdom.
(6) 35The grounds referred to in sub-paragraph (4) are—
(a)
the grounds that a person holds an office or post in connection with
a religion or belief or provides a service in connection with a religion
or belief,
(b)
the grounds that a religion or belief is not to be treated in the same
40way as certain other religions or beliefs, or
(c)
the grounds that the exclusion from the United Kingdom of a person
to whom paragraph (a) applies is conducive to the public good.
(7) Section 27 does not apply to—
(a)
a decision taken, or guidance given, by the Secretary of State in
45connection with a decision within sub-paragraph (3) or (5);
Equality BillPage 156
(b)
a decision taken in accordance with guidance given by the Secretary
of State in connection with a decision within either of those sub-
paragraphs.
19
5A reference to entry clearance, leave to enter or remain or immigration rules
is to be construed in accordance with the Immigration Act 1971.
20
(1)
10It is not a contravention of section 27, so far as relating to disability
discrimination, to do anything in connection with insurance business if—
(a)
the 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) 15it is reasonable to do the 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;
(c) 20Schedule 2 to that Act.
21
(1)
It is not a contravention of section 27, so far as relating to relevant
discrimination, to do anything in relation to an annuity, life insurance
policy, accident insurance policy or similar matter involving the assessment
25of risk if—
(a)
the thing is done by reference to actuarial or other data from a source
on which it is reasonable to rely, and
(b) it is reasonable to do the thing.
(2)
In the case of a contract of insurance, or a contract for related financial
30services, entered into before 6 April 2008, sub-paragraph (1) applies only in
relation to differences in premiums and benefits that are applicable to a
person under the contract.
(3)
In the case of a contract of insurance, or a contract for related financial
services, entered into on or after 6 April 2008, sub-paragraph (1) applies only
35to differences in premiums and benefits if—
(a)
the use of sex as a factor in the assessment of risk is based on relevant
and accurate actuarial and statistical data,
(b)
the data are compiled, published (whether in full or in summary
form) and regularly updated in accordance with guidance issued by
40the Treasury,
(c) the differences are proportionate having regard to the data, and
Equality BillPage 157
(d)
the differences do not result from costs related to pregnancy or to a
woman’s having given birth in the period of 26 weeks ending on the
day on which the thing is done.
(4) “Relevant discrimination” is—
(a) 5gender reassignment discrimination;
(b) pregnancy and maternity discrimination;
(c) sex discrimination.
(5)
For the purposes of the application of sub-paragraph (3) to gender
reassignment discrimination by virtue of section 13, that section has effect as
10if in subsection (1), after “others” there were inserted “of B’s sex”.
(6)
In the application of sub-paragraph (3) to a contract entered into before 22
December 2008, paragraph (d) is to be ignored.
22
(1)
It is not a contravention of section 27, so far as relating to relevant
15discrimination, to do anything in connection with insurance business in
relation to an existing insurance policy.
(2) “Relevant discrimination” is—
(a) age discrimination;
(b) disability discrimination;
(c) 20gender reassignment discrimination;
(d) pregnancy and maternity discrimination;
(e) race discrimination;
(f) religious or belief-related discrimination;
(g) sex discrimination;
(h) 25sexual 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
30which 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) In this paragraph—
35“insurance business” has the meaning given in paragraph 20;
“service-provider” has the meaning given in section 27.
23
(1)
40A person does not contravene section 27, so far as relating to sex
discrimination, by providing separate services for persons of each sex if—
Equality BillPage 158
(a) a joint service for persons of both sexes would be less effective, and
(b)
the limited provision is a proportionate means of achieving a
legitimate aim.
(2)
A person does not contravene section 27, so far as relating to sex
5discrimination, by providing separate services differently for persons of
each sex if—
(a) a joint service for persons of both sexes would be less effective,
(b)
the extent to which the service is required by one sex makes it not
reasonably practicable to provide the service otherwise than as a
10separate service provided differently for each sex, and
(c)
the limited provision is a proportionate means of achieving a
legitimate aim.
(3)
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.
24
(1)
A person does not contravene section 27, 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
20legitimate 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
25provided 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)
30The 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) 35The 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) 40The 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.
Equality BillPage 159
(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.
25
(1)
A person does not contravene section 27, so far as relating to gender
5reassignment discrimination, only because of anything done in relation to a
matter within sub-paragraph (2) if the conduct in question is a proportionate
means of achieving a legitimate aim.
(2) The matters are—
(a) the provision of separate services for persons of each sex;
(b) 10the provision of separate services differently for persons of each sex;
(c) the provision of a service only to persons of one sex.
26
(1)
A minister does not contravene section 27, so far as relating to sex
discrimination, by providing a service only to persons of one sex or separate
15services for persons of each sex, if—
(a) the service is provided for the purposes of an organised religion,
(b)
it is provided at a place which is (permanently or for the time being)
occupied or used for those purposes, and
(c)
the limited provision of the service is necessary in order to comply
20with the doctrines of the religion or is for the purpose of avoiding
conflict with the strongly held religious convictions of a significant
number of the religion’s followers.
(2)
The reference to a minister is a reference to a minister of religion, or other
person, who—
(a) 25performs functions in connection with the religion, and
(b)
holds an office or appointment in, or is accredited, approved or
recognised for purposes of, a relevant organisation in relation to the
religion.
(3)
An organisation is a relevant organisation in relation to a religion if its
30purpose is—
(a) to practise the religion,
(b) to advance the religion,
(c) to teach the practice or principles of the religion,
(d)
to enable persons of the religion to receive benefits, or to engage in
35activities, within the framework of that religion, or
(e)
to foster or maintain good relations between persons of different
religions.
(4)
But an organisation is not a relevant organisation in relation to a religion if
its sole or main purpose is commercial.
27
If a service is generally provided only for persons who share a protected
characteristic, a person (A) who normally provides the service for persons
who share that characteristic does not contravene section 27(1) or (2)—
Equality BillPage 160
(a)
by insisting on providing the service in the way A normally provides
it, or
(b)
if A reasonably thinks it is impracticable to provide the service to
persons who do not share that characteristic, by refusing to provide
5the service.