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Part 3 Services and public functions

25Preliminary

Equality BillPage 19

26 Application of this Part

(1) This Part does not apply to the protected characteristic of—

(a) age, so far as relating to persons who have not attained the age of 18;

(b) marriage and civil partnership.

(2) 5This Part does not apply to discrimination, harassment or victimisation—

(a) that is prohibited by Part 4 (premises), 5 (work) or 6 (education), or

(b) that would be so prohibited but for an express exception.

(3) For the purposes of subsection (2)(b), section 30(3) is not an express exception.

(4) This Part does not apply to—

(a) 10a breach of an equality clause or rule;

(b) anything that would be a breach of an equality clause or rule but for
section 64 or Part 2 of Schedule 7;

(c) a breach of a non-discrimination rule.

Provision of services, etc.

27 15Provision of services, etc.

(1) A person (a “service-provider”) concerned with the provision of a service to the
public or a section of the public (for payment or not) must not discriminate
against a person requiring the service by not providing the person with the
service.

(2) 20A service-provider (A) must not, in providing the service, discriminate against
a person (B)—

(a) as to the terms on which A provides the service to B;

(b) by terminating the provision of the service to B;

(c) by subjecting B to any other detriment.

(3) 25A service-provider must not, in relation to the provision of the service,
harass—

(a) a person requiring the service, or

(b) a person to whom the service-provider provides the service.

(4) A service-provider must not victimise a person requiring the service by not
30providing the person with the service.

(5) A service-provider (A) must not, in providing the service, victimise a person
(B)—

(a) as to the terms on which A provides the service to B;

(b) by terminating the provision of the service to B;

(c) 35by subjecting B to any other detriment.

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(6) A person must not, in the exercise of a public function that is not the provision
of a service to the public or a section of the public, do anything that constitutes
discrimination, harassment or victimisation.

(7) A duty to make reasonable adjustments applies to—

(a) 5a service-provider;

(b) a person who exercises a public function that is not the provision of a
service to the public or a section of the public.

(8) In the application of section 24 for the purposes of subsection (3), and
subsection (6) as it relates to harassment, neither of the following is a relevant
10protected characteristic—

(a) religion or belief;

(b) sexual orientation.

(9) In the application of this section, so far as relating to race or religion or belief,
to the granting of entry clearance (within the meaning of the Immigration Act
151971), it does not matter whether an act is done within or outside the United
Kingdom.

(10) Subsection (9) does not affect the application of any other provision of this Act
to conduct outside England and Wales or Scotland.

Supplementary

28 20Ships and hovercraft

(1) This Part (except section 27(6)) applies only in such circumstances as are
prescribed in relation to—

(a) transporting people by ship or hovercraft;

(b) a service provided on a ship or hovercraft.

(2) 25In the application of subsection (1) to disability discrimination, the words
“(except section 27(6))” are to be ignored.

(3) It does not matter whether the ship or hovercraft is within or outside the
United Kingdom.

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(4) “Ship” has the same meaning as in the Merchant Shipping Act 1995.

(5) “Hovercraft” has the same meaning as in the Hovercraft Act 1968.

(6) Nothing in this section affects the application of any other provision of this Act
to conduct outside England and Wales or Scotland.

29 5Interpretation and exceptions

(1) This section applies for the purposes of this Part.

(2) A reference to the provision of a service includes a reference to the provision
of goods or facilities.

(3) A reference to the provision of a service includes a reference to the provision
10of a service in the exercise of a public function.

(4) A public function is a function that is a function of a public nature for the
purposes of the Human Rights Act 1998.

(5) Where an employer arranges for another person to provide a service only to
the employer’s employees—

(a) 15the employer is not to be regarded as the service-provider, but

(b) the employees are to be regarded as a section of the public.

(6) A reference to a person requiring a service includes a reference to a person who
is seeking to obtain or use the service.

(7) A reference to a service-provider not providing a person with a service
20includes a reference to—

(a) the service-provider not providing the person with a service of the
quality that the service-provider usually provides to the public (or the
section of it which includes the person), or

(b) the service-provider not providing the person with the service in the
25manner in which, or on the terms on which, the service-provider
usually provides the service to the public (or the section of it which
includes the person).

(8) In relation to the provision of a service by either House of Parliament, the
service-provider is the Corporate Officer of the House concerned; and if the
30service involves access to, or use of, a place in the Palace of Westminster which
members of the public are allowed to enter, both Corporate Officers are jointly
the service-provider.

(9) Schedule 2 (reasonable adjustments) has effect.

(10) Schedule 3 (exceptions) has effect.

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