|
| |
|
(5) | A may not, for the purpose of complying with the first, second or third |
| |
requirement rely on sub-paragraph (2) of this paragraph if A provides the |
| |
service by way of a hire-vehicle built to carry no more than eight passengers. |
| |
(6) | For the purposes of sub-paragraph (5) in its application to the second |
| |
requirement, a part of a vehicle is to be regarded as a physical feature if it |
| 5 |
requires alteration in order to facilitate the provision of— |
| |
(a) | hand controls to enable a disabled person to operate braking and |
| |
accelerator systems in the vehicle; |
| |
(b) | facilities for the stowage of a wheelchair. |
| |
(7) | For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical |
| 10 |
systems are not physical features; and for the purposes of sub-paragraph |
| |
(6)(b), fixed seating is not a physical feature. |
| |
(8) | In the case of a vehicle within sub-paragraph (3), a relevant device is not an |
| |
auxiliary aid for the purposes of the third requirement. |
| |
(9) | A relevant device is a device or structure, or equipment, the installation, |
| 15 |
operation or maintenance of which would necessitate making a permanent |
| |
alteration to, or which would have a permanent effect on, the internal or |
| |
external fabric of the vehicle. |
| |
(10) | Regulations may amend this paragraph so as to provide for sub-paragraph |
| |
(2) not to apply, or to apply only so far as is prescribed, in relation to vehicles |
| 20 |
of a prescribed description. |
| |
| |
4 (1) | This paragraph applies for the purposes of paragraph 3. |
| |
(2) | A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring |
| |
agreement to which section 66 of the Road Traffic Offenders Act 1988 |
| 25 |
| |
(3) | A “taxi”, in England and Wales, is a vehicle— |
| |
(a) | licensed under section 37 of the Town Police Clauses Act 1847, |
| |
(b) | licensed under section 6 of the Metropolitan Public Carriage Act |
| |
| 30 |
(c) | drawn by one or more persons or animals. |
| |
(4) | A “taxi”, in Scotland, is— |
| |
(a) | a hire car engaged, by arrangements made in a public place between |
| |
the person to be transported (or a person acting on that person’s |
| |
behalf) and the driver, for a journey starting there and then, or |
| 35 |
(b) | a vehicle drawn by one or more persons or animals. |
| |
|
| |
|
| |
|
| |
| |
Services and public functions: exceptions |
| |
| |
| |
| 5 |
1 (1) | Section 28 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 |
| |
that section to or in relation to an individual unless it is done by or in |
| 10 |
pursuance of a resolution or other deliberation of either House or of a |
| |
Committee of either House. |
| |
| |
2 (1) | Section 28 does not apply to preparing, making or considering— |
| |
(a) | an Act of Parliament; |
| 15 |
(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) | a Bill for an Act of the National Assembly for Wales. |
| 20 |
(2) | Section 28 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 28 does not apply to preparing, making, confirming, approving or |
| |
considering an instrument which is made under an enactment by— |
| 25 |
(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) | Section 28 does not apply to preparing, making, confirming, approving or |
| 30 |
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 28 does not apply to anything done in connection with the |
| |
preparation, making, consideration, approval or confirmation of an |
| 35 |
| |
(a) | by Her Majesty in Council; |
| |
(b) | by the Privy Council. |
| |
(6) | Section 28 does not apply to anything done in connection with the |
| |
imposition of a requirement or condition which comes within Schedule 22. |
| 40 |
|
| |
|
| |
|
| |
3 (1) | Section 28 does not apply to— |
| |
| |
(b) | anything done on behalf of, or on the instructions of, a person |
| |
exercising a judicial function; |
| 5 |
(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 |
| |
to a judicial function conferred on a person other than a court or tribunal. |
| 10 |
| |
4 (1) | Section 28(6), so far as relating to relevant discrimination, does not apply to |
| |
anything done for the purpose of ensuring the combat effectiveness of the |
| |
| |
(2) | “Relevant discrimination” is— |
| 15 |
| |
(b) | disability discrimination; |
| |
(c) | gender reassignment discrimination; |
| |
| |
| 20 |
5 | Section 28 does not apply to— |
| |
(a) | the Security Service; |
| |
(b) | the Secret Intelligence Service; |
| |
(c) | the Government Communications Headquarters; |
| |
(d) | a part of the armed forces which is, in accordance with a requirement |
| 25 |
of the Secretary of State, assisting the Government Communications |
| |
| |
| |
| |
6 | In its application to a local authority in England and Wales, section 28, so far |
| 30 |
as relating to age discrimination or religious or belief-related discrimination, |
| |
| |
(a) | the exercise of the authority’s functions under section 14 of the |
| |
Education Act 1996 (c. 56) (provision of schools); |
| |
(b) | the exercise of its function under section 13 of that Act in so far as it |
| 35 |
relates to a function of its under section 14 of that Act. |
| |
7 | In its application to an education authority, section 28, so far as relating to |
| |
age discrimination or religious or belief-related discrimination, does not |
| |
| |
(a) | the exercise of the authority’s functions under section 17 of the |
| 40 |
Education (Scotland) Act 1980 (provision of schools); |
| |
|
| |
|
| |
|
(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 |
| |
relates to a matter specified in paragraph (a); |
| 5 |
(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) | In its application to a local authority in England and Wales or an education |
| 10 |
authority, section 28, so far as relating to sex discrimination, does not apply |
| |
to the exercise of the authority’s functions in relation to the establishment of |
| |
| |
(2) | But nothing in sub-paragraph (1) is to be taken as disapplying section 28 in |
| |
relation to the exercise of the authority’s functions under section 14 of the |
| 15 |
Education Act 1996 or section 17 of the Education (Scotland) Act 1982. |
| |
9 | Section 28, 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) | admission to a school, |
| 20 |
(c) | transport to or from a school, or |
| |
(d) | the establishment, alteration or closure of schools. |
| |
10 (1) | Section 28, so far as relating to disability discrimination, does not require a |
| |
local authority in England or Wales exercising functions under the |
| |
Education Acts or an education authority exercising relevant functions— |
| 25 |
(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) | the Education (Scotland) Act 1996; |
| 30 |
(c) | the Standards in Scotland’s Schools etc. Act 2000; |
| |
(d) | the Education (Additional Support for Learning) (Scotland) Act |
| |
| |
11 | Section 28, so far as relating to religious or belief-related discrimination, |
| |
does not apply in relation to anything done in connection with— |
| 35 |
(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) | the responsible body of a school which has a religious ethos; |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
| |
| |
| |
13 (1) | A person operating a blood service does not contravene section 28 only by |
| |
refusing to accept a donation of an individual’s blood if— |
| 5 |
(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) | A blood service is a service for the collection and distribution of human |
| 10 |
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 |
| |
woman does not discriminate against her in contravention of section 28 |
| 15 |
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 |
| |
| 20 |
(c) | the reason for that refusal is that A reasonably believes that |
| |
providing the service to such persons would create a risk to their |
| |
| |
(2) | A service-provider (A) who provides, or offers to provide, the service to a |
| |
pregnant woman on conditions does not discriminate against her in |
| 25 |
contravention of section 28 because she is pregnant if— |
| |
(a) | the conditions are intended to remove or reduce a risk to her health |
| |
| |
(b) | A reasonably believes that the provision of the service without the |
| |
conditions would create a risk to her health or safety, |
| 30 |
(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 |
| |
those conditions would create a risk to their health or safety. |
| 35 |
| |
15 | A person (A) does not contravene section 28 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 |
| |
| 40 |
|
| |
|
| |
|
| |
| |
| |
16 (1) | This paragraph applies in relation to disability discrimination. |
| |
(2) | Section 28 does not apply to— |
| 5 |
(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 |
| |
taken in accordance with immigration rules) to do any of the following on |
| 10 |
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) | to vary leave to enter or remain in the United Kingdom; |
| 15 |
(e) | to refuse an application to vary leave to enter or remain in the United |
| |
| |
(4) | Section 28 does not apply to— |
| |
(a) | a decision taken, or guidance given, by the Secretary of State in |
| |
connection with a decision within sub-paragraph (3); |
| 20 |
(b) | a decision taken in accordance with guidance given by the Secretary |
| |
of State in connection with a decision within that sub-paragraph. |
| |
Nationality and ethnic or national origins |
| |
17 (1) | This paragraph applies in relation to race discrimination so far as relating |
| |
| 25 |
| |
(b) | ethnic or national origins. |
| |
(2) | Section 28 does not apply to anything done by a relevant person in the |
| |
exercise of functions exercisable by virtue of a relevant enactment. |
| |
(3) | A relevant person is— |
| 30 |
(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 |
| |
| |
(a) | with respect to a particular case or class of case, by a Minister of the |
| 35 |
| |
(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) | the Immigration Acts; |
| 40 |
(b) | the Special Immigration Appeals Commission Act 1997; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(6) | The reference in sub-paragraph (5)(a) to the Immigration Acts does not |
| 5 |
| |
(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, |
| |
etc.) Act 2004 (power of arrest). |
| 10 |
| |
18 (1) | This paragraph applies in relation to religious or belief-related |
| |
| |
(2) | Section 28 does not apply to a decision within sub-paragraph (3) or anything |
| |
done for the purposes of or in pursuance of a decision within that sub- |
| 15 |
| |
(3) | A decision is within this sub-paragraph if it is a decision taken in accordance |
| |
| |
(a) | to refuse entry clearance or leave to enter the United Kingdom, or to |
| |
cancel leave to enter or remain in the United Kingdom, on the |
| 20 |
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 |
| |
Kingdom, on the grounds that it is undesirable to permit the person |
| 25 |
to remain in the United Kingdom. |
| |
(4) | Section 28 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- |
| |
| 30 |
(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 |
| |
| |
(6) | The grounds referred to in sub-paragraph (4) are— |
| 35 |
(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 |
| |
| |
(b) | the grounds that a religion or belief is not to be treated in the same |
| |
way as certain other religions or beliefs, or |
| 40 |
(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 28 does not apply to— |
| |
(a) | a decision taken, or guidance given, by the Secretary of State in |
| |
connection with a decision within sub-paragraph (3) or (5); |
| 45 |
|
| |
|