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Equality Bill


Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 4 — Immigration

146

 

(c)   

a provision made under section 2(2) of the European Communities

Act 1972 which relates to immigration or asylum, and

(d)   

a provision of Community law which relates to immigration or

asylum.

      (6)  

The reference in sub-paragraph (5)(a) to the Immigration Acts does not

5

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,

etc.) Act 2004 (power of arrest).

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Religion or belief

18    (1)  

This paragraph applies in relation to religious or belief-related

discrimination.

      (2)  

Section 29 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

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

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

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to remain in the United Kingdom.

      (4)  

Section 29 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-

paragraph (6).

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

Kingdom.

      (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

or belief,

(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 29 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);

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Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 5 — Insurance, etc.

147

 

(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.

Interpretation

19         

A reference to entry clearance, leave to enter or remain or immigration rules

5

is to be construed in accordance with the Immigration Act 1971.

Part 5

Insurance, etc.

Services arranged by employer

20    (1)  

Section 29 does not apply to the provision of a relevant financial service if

10

the provision is in pursuance of arrangements made by an employer for the

service-provider to provide the service to the employer’s employees, and

other persons, as a consequence of the employment.

      (2)  

“Relevant financial service” means—

(a)   

insurance or a related financial service, or

15

(b)   

a service relating to membership of or benefits under a personal

pension scheme (within the meaning given by section 1 of the

Pension Schemes Act 1993).

      (3)  

“Service-provider” has the meaning given in section 29.

Disability

20

21    (1)  

It is not a contravention of section 29, 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

25

(b)   

it 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, and

30

(c)   

Schedule 2 to that Act.

Sex, gender reassignment, pregnancy and maternity

22    (1)  

It is not a contravention of section 29, 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

35

of 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

40

services, entered into before 6 April 2008, sub-paragraph (1) applies only in

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 5 — Insurance, etc.

148

 

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

in relation to differences in premiums and benefits if—

5

(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

the Treasury,

10

(c)   

the differences are proportionate having regard to the data, and

(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—

15

(a)   

gender 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

20

if 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.

Existing insurance policies

23    (1)  

It is not a contravention of section 29, so far as relating to relevant

25

discrimination, 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;

30

(c)   

gender reassignment discrimination;

(d)   

pregnancy and maternity discrimination;

(e)   

race discrimination;

(f)   

religious or belief-related discrimination;

(g)   

sex discrimination;

35

(h)   

sexual 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

40

which 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—

45

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 7 — Separate and single services

149

 

“insurance business” has the meaning given in paragraph 21;

“service-provider” has the meaning given in section 29.

Part 6

Marriage

Gender reassignment: England and Wales

5

24    (1)  

A person does not contravene section 29, so far as relating to gender

reassignment discrimination, only because of anything done in reliance on

section 5B of the Marriage Act 1949 (solemnisation of marriages involving

person of acquired gender).

      (2)  

A person (A) whose consent to the solemnisation of the marriage of a person

10

(B) is required under section 44(1) of the Marriage Act 1949 (solemnisation

in registered building) does not contravene section 29, so far as relating to

gender reassignment discrimination, by refusing to consent if A reasonably

believes that B’s gender has become the acquired gender under the Gender

Recognition Act 2004.

15

      (3)  

Sub-paragraph (4) applies to a person (A) who may, in a case that comes

within the Marriage Act 1949 (other than the case mentioned in sub-

paragraph (1)), solemnise marriages according to a form, rite or ceremony of

a body of persons who meet for religious worship.

      (4)  

A does not contravene section 29, so far as relating to gender reassignment

20

discrimination, by refusing to solemnise, in accordance with a form, rite or

ceremony as described in sub-paragraph (3), the marriage of a person (B) if

A reasonably believes that B’s gender has become the acquired gender

under the Gender Recognition Act 2004.

Gender reassignment: Scotland

25

25    (1)  

An approved celebrant (A) does not contravene section 29, so far as relating

to gender reassignment discrimination, only by refusing to solemnise the

marriage of a person (B) if A reasonably believes that B’s gender has become

the acquired gender under the Gender Recognition Act 2004.

      (2)  

In sub-paragraph (1) “approved celebrant” has the meaning given in section

30

8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise

marriage).

Part 7

Separate and single services

Separate services for the sexes

35

26    (1)  

A person does not contravene section 29, so far as relating to sex

discrimination, by providing separate services for persons of each sex if—

(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.

40

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 7 — Separate and single services

150

 

      (2)  

A person does not contravene section 29, so far as relating to sex

discrimination, 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

5

reasonably practicable to provide the service otherwise than as a

separate 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

10

the provision of a service as it applies to the person providing the service.

Single-sex services

27    (1)  

A person does not contravene section 29, 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

15

(b)   

the limited provision is a proportionate means of achieving a

legitimate 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

20

(b)   

the service would be insufficiently effective were it only to be

provided 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

25

makes it not reasonably practicable to provide separate services.

      (5)  

The 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,

30

supervision or attention.

      (6)  

The 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

35

object to the presence of a person of the opposite sex.

      (7)  

The 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.

40

      (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.

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 7 — Separate and single services

151

 

Gender reassignment

28    (1)  

A person does not contravene section 29, 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.

5

      (2)  

The matters are—

(a)   

the provision of separate services for persons of each sex;

(b)   

the provision of separate services differently for persons of each sex;

(c)   

the provision of a service only to persons of one sex.

Services relating to religion

10

29    (1)  

A minister does not contravene section 29, 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—

(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)

15

occupied or used for those purposes, and

(c)   

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.

20

      (2)  

The reference to a minister is a reference to a minister of religion, or other

person, who—

(a)   

performs 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

25

religion.

      (3)  

An organisation is a relevant organisation in relation to a religion if its

purpose is—

(a)   

to practise the religion,

(b)   

to advance the religion,

30

(c)   

to teach the practice or principles of the religion,

(d)   

to enable persons of the religion to receive benefits, or to engage in

activities, within the framework of that religion, or

(e)   

to foster or maintain good relations between persons of different

religions.

35

      (4)  

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

30         

If a service is generally provided only for persons who share a protected

characteristic, a person (A) who normally provides the service for persons

40

who share that characteristic does not contravene section 29(1) or (2)—

(a)   

by insisting on providing the service in the way A normally provides

it, or

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 9 — Transport

152

 

(b)   

if A reasonably thinks it is impracticable to provide the service to

persons who do not share that characteristic, by refusing to provide

the service.

Part 8

Television, radio and on-line broadcasting and distribution

5

31    (1)  

Section 29 does not apply to the provision of a content service (within the

meaning given by section 32(7) of the Communications Act 2003).

      (2)  

Sub-paragraph (1) does not apply to the provision of an electronic

communications network, electronic communications service or associated

facility (each of which has the same meaning as in that Act).

10

Part 9

Transport

Application to disability

32         

This Part of this Schedule applies in relation to disability discrimination.

Transport by air

15

33    (1)  

Section 29 does not apply to—

(a)   

transporting people by air;

(b)   

a service provided on a vehicle for transporting people by air.

      (2)  

Section 29 does not apply to anything governed by Regulation (EC) No

1107/2006 of the European Parliament and of the Council of 5 July 2006

20

concerning the rights of disabled persons and persons with reduced

mobility when travelling by air.

Transport by land

34    (1)  

Section 29 does not apply to transporting people by land, unless the vehicle

concerned is—

25

(a)   

a hire-vehicle designed and constructed for the carriage of

passengers and comprising no more than 8 seats in addition to the

driver’s seat,

(b)   

a hire-vehicle designed and constructed for the carriage of

passengers, comprising more than 8 seats in addition to the driver’s

30

seat and having a maximum mass not exceeding 5 tonnes,

(c)   

a hire-vehicle designed and constructed for the carriage of goods and

having a maximum mass not exceeding 3.5 tonnes,

(d)   

a vehicle licensed under section 48 of the Local Government

(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire

35

Vehicles (London) Act 1998 (or under a provision of a local Act

corresponding to either of those provisions),

(e)   

a private hire car (within the meaning of section 23 of the Civic

Government (Scotland) Act 1982),

(f)   

a public service vehicle (within the meaning given by section 1 of the

40

Public Passenger Vehicles Act 1981),

 
 

 
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