Section 189

Schedule 23 General exceptions

Acts authorised by statute or the executive

1 (1) 30This paragraph applies to anything done—

(a) in pursuance of an enactment;

(b) in pursuance of an instrument made by a member of the executive
under an enactment;

(c) to comply with a requirement imposed (whether before or after the
35passing of this Act) by a member of the executive by virtue of an
enactment;

(d) in pursuance of arrangements made (whether before or after the
passing of this Act) by or with the approval of, or for the time being
approved by, a Minister of the Crown;

(e) 40to comply with a condition imposed (whether before or after the
passing of this Act) by a Minister of the Crown.

(2) A person does not contravene Part 3, 4, 5 or 6 by doing anything to which
this paragraph applies which discriminates against another because of the
other’s nationality.

(3) A person (A) does not contravene Part 3, 4, 5 or 6 if, by doing anything to
5which this paragraph applies, A discriminates against another (B) by
applying to B a provision, criterion or practice which relates to—

(a) B’s place of ordinary residence;

(b) the length of time B has been present or resident in or outside the
United Kingdom or an area within it.

10Organisations relating to religion or belief

2 (1) This paragraph applies to an organisation the purpose of which is—

(a) to practise a religion or belief,

(b) to advance a religion or belief,

(c) to teach the practice or principles of a religion or belief,

(d) 15to enable persons of a religion or belief to receive any benefit, or to
engage in any activity, within the framework of that religion or
belief, or

(e) to foster or maintain good relations between persons of different
religions or beliefs.

(2) 20This paragraph does not apply to an organisation whose sole or main
purpose is commercial.

(3) The organisation does not contravene Part 3, 4 or 7, so far as relating to
religion or belief or sexual orientation, only by restricting—

(a) membership of the organisation;

(b) 25participation in activities undertaken by the organisation or on its
behalf or under its auspices;

(c) the provision of goods, facilities or services in the course of activities
undertaken by the organisation or on its behalf or under its auspices;

(d) the use or disposal of premises owned or controlled by the
30organisation.

(4) A person does not contravene Part 3, 4 or 7, so far as relating to religion or
belief or sexual orientation, only by doing anything mentioned in sub-
paragraph (3) on behalf of or under the auspices of the organisation.

(5) A minister does not contravene Part 3, 4 or 7, so far as relating to religion or
35belief or sexual orientation, only by restricting—

(a) participation in activities carried on in the performance of the
minister’s functions in connection with or in respect of the
organisation;

(b) the provision of goods, facilities or services in the course of activities
40carried on in the performance of the minister’s functions in
connection with or in respect of the organisation.

(6) Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief
only if it is imposed—

(a) because of the purpose of the organisation, or

(b) 45to avoid causing offence, on grounds of the religion or belief to which
the organisation relates, to persons of that religion or belief.

(7) Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation
only if it is imposed—

(a) because it is necessary to comply with the doctrine of the
organisation, or

(b) 5to avoid conflict with strongly held convictions within sub-
paragraph (9).

(8) In sub-paragraph (5), the reference to a minister is a reference to a minister
of religion, or other person, who—

(a) performs functions in connection with a religion or belief to which
10the organisation relates, and

(b) holds an office or appointment in, or is accredited, approved or
recognised for the purposes of the organisation.

(9) The strongly held convictions are—

(a) in the case of a religion, the strongly held religious convictions of a
15significant number of the religion’s followers;

(b) in the case of a belief, the strongly held convictions relating to the
belief of a significant number of the belief’s followers.

(10) This paragraph does not permit anything which is prohibited by section 27,
so far as relating to sexual orientation, if it is done—

(a) 20on behalf of a public authority, and

(b) under the terms of a contract between the organisation and the
public authority.

(11) In the application of this paragraph in relation to sexual orientation, sub-
paragraph (1)(e) must be ignored.

(12) 25In the application of this paragraph in relation to sexual orientation, in sub-
paragraph (3)(d), “disposal” does not include disposal of an interest in
premises by way of sale if the interest being disposed of is—

(a) the entirety of the organisation’s interest in the premises, or

(b) the entirety of the interest in respect of which the organisation has
30power of disposal.

(13) In this paragraph—

(a) “disposal” is to be construed in accordance with section 35;

(b) “public authority” has the meaning given in section 144(1).

Communal accommodation

3 (1) 35A person does not contravene this Act, so far as relating to sex
discrimination or gender reassignment discrimination, only because of
anything done in relation to—

(a) the admission of persons to communal accommodation;

(b) the provision of a benefit, facility or service linked to the
40accommodation.

(2) Sub-paragraph (1)(a) does not apply unless the accommodation is managed
in a way which is as fair as possible to both men and women.

(3) In applying sub-paragraph (1)(a), account must be taken of—

(a) whether and how far it is reasonable to expect that the
accommodation should be altered or extended or that further
accommodation should be provided, and

(b) the frequency of the demand or need for use of the accommodation
5by persons of one sex as compared with those of the other.

(4) In applying sub-paragraph (1)(a) in relation to gender reassignment,
account must also be taken of whether and how far the conduct in question
is a proportionate means of achieving a legitimate aim.

(5) Communal accommodation is residential accommodation which includes
10dormitories or other shared sleeping accommodation which for reasons of
privacy should be used only by persons of the same sex.

(6) Communal accommodation may include—

(a) shared sleeping accommodation for men and for women;

(b) ordinary sleeping accommodation;

(c) 15residential accommodation all or part of which should be used only
by persons of the same sex because of the nature of the sanitary
facilities serving the accommodation.

(7) A benefit, facility or service is linked to communal accommodation if—

(a) it cannot properly and effectively be provided except for those using
20the accommodation, and

(b) a person could be refused use of the accommodation in reliance on
sub-paragraph (1)(a).

(8) This paragraph does not apply for the purposes of Part 5 unless such
arrangements as are reasonably practicable are made to compensate for—

(a) 25in a case where sub-paragraph (1)(a) applies, the refusal of use of the
accommodation;

(b) in a case where sub-paragraph (1)(b) applies, the refusal of provision
of the benefit, facility or service.

Training provided to non-EEA residents, etc.

4 (1) 30A person (A) does not contravene this Act, so far as relating to nationality,
only by providing a non-resident (B) with training, if A thinks that B does
not intend to exercise in Great Britain skills B obtains as a result.

(2) A non-resident is a person who is not ordinarily resident in an EEA state.

(3) The reference to providing B with training is—

(a) 35if A employs B in relevant employment, a reference to doing
anything in or in connection with the employment;

(b) if A as a principal allows B to do relevant contract work, a reference
to doing anything in or in connection with allowing B to do the work;

(c) in a case within paragraph (a) or (b) or any other case, a reference to
40affording B access to facilities for education or training or ancillary
benefits.

(4) Employment or contract work is relevant if its sole or main purpose is the
provision of training in skills.

(5) In the case of training provided by the armed forces or Secretary of State for
45purposes relating to defence, sub-paragraph (1) has effect as if—

(a) the reference in sub-paragraph (2) to an EEA state were a reference
to Great Britain, and

(b) in sub-paragraph (4), for “its sole or main purpose is” there were
substituted “it is for purposes including”.

(6) 5“Contract work” and “principal” each have the meaning given in section 38.