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.
A person does not contravene section 27, so far as relating to gender
reassignment 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.
the provision of separate services for persons of each sex;
the provision of separate services differently for persons of each sex;
the provision of a service only to persons of one sex.
Services relating to religion
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
services for persons of each sex, if—
the service is provided for the purposes of an organised religion,
it is provided at a place which is (permanently or for the time being)
occupied or used for those purposes, and
the limited provision of the service is necessary in order to comply
with 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.
The reference to a minister is a reference to a minister of religion, or other
performs functions in connection with the religion, and
holds an office or appointment in, or is accredited, approved or
recognised for purposes of, a relevant organisation in relation to the
An organisation is a relevant organisation in relation to a religion if its
to practise the religion,
to advance the religion,
to teach the practice or principles of the religion,
to enable persons of the religion to receive benefits, or to engage in
activities, within the framework of that religion, or
to foster or maintain good relations between persons of different
But an organisation is not a relevant organisation in relation to a religion if
its sole or main purpose is commercial.
Services generally provided only for persons who share a protected characteristic
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)—
made a balance between the rights of the transsexual user and those of other users,
taking account of all the circumstances, including the wishes of the transsexual user,
the likely impact on other users and the availability of other facilities.
Services relating to religion: paragraph 26
695. Paragraph 26 contains an exception to the general prohibition of sex discrimination to
allow ministers of religion to provide separate and single-sex services.
696. The minister can provide such services so long as this is done for religious purposes,
at a place occupied or used for those purposes and it is either necessary either to comply with
the tenets of the religion or for the purpose of avoiding conflict with the strongly held religious
views of a significant number of the religion’s followers. This does not apply to acts of
worship (which are not themselves “services” within the meaning of the Bill so no exception is
required) but to ancillary issues such as separate seating of men and women.
697. This paragraph replaces a similar provision in the Sex Discrimination Act 1975. The
requirement regarding avoiding conflict with the religion’s followers has been altered in order
to give consistency within the Bill and some explanatory provisions have been added for the
• A synagogue has separate seating for men and women at a reception following a
Services generally provided only for persons who share a protected characteristic: paragraph
698. Paragraph 27 provides that a service provider does not breach the requirement in
clause 27 not to discriminate in the provision of a service if he or she supplies the service in
such a way that it is commonly only used by people with a particular protected characteristic
(for example, women or people of Afro-Caribbean descent) and he or she continues to provide
that service in that way. If it is impracticable to provide the service to someone who does not
share that particular characteristic, a service provider can refuse to provide the service to that
699. This is designed to replicate the effect of provisions currently contained in the Sex
Discrimination Act 1975 and the Equality Act 2006, and extends the clarification they provide
across all other protected characteristics for the first time.
• A hairdresser who provides Afro-Caribbean hairdressing services would not be
required to provide European hair dressing services as well. However, if a white
English person wanted his hair braided and there was no technical difficulty to prevent
that, it would be unlawful for the hairdresser to refuse to provide her services to him.
by insisting on providing the service in the way A normally provides
if A reasonably thinks it is impracticable to provide the service to
persons who do not share that characteristic, by refusing to provide
Application to disability
This Part of this Schedule applies in relation to disability discrimination.
Section 27 does not apply to—
transporting people by air;
a service provided on a vehicle for transporting people by air.
Section 27 does not apply to anything governed by Regulation (EC) No
1107/2006 of the European Parliament and of the Council of 5 July 2006
concerning the rights of disabled persons and persons with reduced
mobility when travelling by air.
Section 27 does not apply to transporting people by land, unless the vehicle
a hire-vehicle designed and constructed for the carriage of
passengers and comprising no more than 8 seats in addition to the
a hire-vehicle designed and constructed for the carriage of
passengers, comprising more than 8 seats in addition to the driver’s
seat and having a maximum mass not exceeding 5 tonnes,
a hire-vehicle designed and constructed for the carriage of goods and
having a maximum mass not exceeding 3.5 tonnes,
a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire
Vehicles (London) Act 1998 (or under a provision of a local Act
corresponding to either of those provisions),
a private hire car (within the meaning of section 23 of the Civic
Government (Scotland) Act 1982),
a public service vehicle (within the meaning given by section 1 of the
Public Passenger Vehicles Act 1981),
a vehicle built or adapted to carry passengers on a railway or
tramway (within the meaning, in each case, of the Transport and
a vehicle deployed to transport the driver and passengers of a
vehicle that has broken down or is involved in an accident, or
a vehicle deployed on a system using a mode of guided transport
(within the meaning of the Transport and Works Act 1992).
• A butcher who sells halal meat is not required also to sell non-halal meat or kosher
meat. However, if a non-Muslim customer wanted to purchase the meat that was on
offer, he could not refuse to sell it to her.
Application to disability: paragraph 28
700. Paragraph 28 applies the exceptions listed in paragraphs 29 and 30 in relation to
disability, thereby stipulating the extent to which providers of transport services are bound by
the disability provisions of the Bill.
701. These provisions replicate the effect of existing provisions in the Disability
Transport by air: paragraph 29
702. Paragraph 29(1) provides an exception to the prohibition against discrimination, so far
as it relates to disability, in respect of the provision of services in connection with air transport.
Clause 28 provides for a power to make regulations in relation to transport by water.
703. Paragraph 29(2) ensures that there is no duplication where there would otherwise be
an overlap between the disability provisions of the Bill and Regulation (EC) No1107/2006 of
the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled
persons and persons with reduced mobility when travelling by air (“EC Regulation 1107/
704. These provisions replicate the effect of existing provisions in the Disability
• An airline is required to make reasonable adjustments to its booking services to ensure
that they are accessible to disabled people. It is not required to make adjustments to the
cabin environment inside an aircraft.
• An airport owner charges a disabled person for wheelchair assistance to board an
aircraft. This would be a breach of EC Regulation 1107/2006, so clause 27 of the Bill
would not apply. However, if the same airport owner fails to make adjustments to
allow disabled people to access car parks at the airport, this would fall within scope of
Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it
applies for the purposes of paragraph 3 of that Schedule.
A Minister of the Crown may by order amend this Schedule—
so as to add, vary or omit an exception to section 27, so far as relating
to disability, religion or belief or sexual orientation;
so as to add, vary or omit an exception to section 27(6), so far as
relating to gender reassignment, pregnancy and maternity, race or
For the purposes of an order under sub-paragraph (1)(a), so far as relating to
disability, which makes provision in relation to transport by air, it does not
matter whether the transport is within or outside the United Kingdom.
An order must not be made unless the Minister has consulted the
Nothing in this paragraph affects the application of any other provision of
this Act to conduct outside England and Wales or Scotland.
Transport by land: paragraph 30
706. Paragraph 30 provides an exception from clause 27 for all services of transporting
people by land, except those listed. The definitions of the vehicles listed are contained in
Paragraph 4 of Schedule 2.
707. This paragraph replicates the effect of existing provisions in the Disability
• A train operating company is required to provide a reasonable alternative when a
disabled person is unable to access the buffet car by reason of their disability.
Power to amend: paragraph 31
708. Paragraph 31 contains a power for a Minister of the Crown to vary, remove or add to
the exceptions in this Schedule relating to public functions in respect of disability, gender
reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It
allows a Minister of the Crown also to add, vary or remove the exceptions that relate to the
provision of services but only in relation to disability, religion or belief and sexual orientation.
709. In relation to transport by air, a Minister of the Crown can also vary, remove or add
exceptions in relation to the provision of services and the exercise of public functions for
disability only. For these purposes, it does not matter where the transport in fact takes place.
710. The Minister must consult with the Equality and Human Rights Commission before
exercising the power under this paragraph.
711. This reflects the substance of powers contained in current legislation.
Schedule 4: Premises: reasonable adjustments
712. This Schedule explains how the duty to make reasonable adjustments in clause 19
applies to a controller of “let” premises or of premises “to let” and to the commonhold
association where a disabled tenant (or prospective tenant) or unitholder in commonhold land
or the disabled person legally occupying the property is placed at a substantial disadvantage,
so that the disabled person can enjoy the premises or make use of them. It stipulates that the
duty does not require the removal or alteration of a physical feature, and makes clear what are
not “physical features” for these purposes. The duty only applies if a request for an adjustment
is made by or on behalf of a disabled person.