Law

Equality Act 2010

United Kingdom · statute

Ask the law about this More laws of United Kingdom For machines: Markdown

In force since 2026-10-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 49123c990995bcf89018e73bb82913e8cb0336d665ad2d470d5a56eff996a605

Contents: 253 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

253 provisions

189 Reasonable adjustments

Schedule 21 (reasonable adjustments: supplementary) has effect.

Propose a change

190 Improvements to let dwelling houses

(1) This section applies in relation to a lease of a dwelling house if each of the following applies— (a) the tenancy is not a protected tenancy, a statutory tenancy or a secure tenancy; (aa) the tenancy is not a secure contract in relation to which the landlord is a local authority; (b) the tenant or another person occupying or intending to occupy the premises is a disabled person; (c) the disabled person occupies or intends to occupy the premises as that person's only or main home; (d) the tenant is entitled, with the consent of the landlord, to make improvements to the premises; (e) the tenant applies to the landlord for consent to make a relevant improvement. (2) Where the tenant applies in writing for the consent— (a) if the landlord refuses to give consent, the landlord must give the tenant a written statement of the reason why the consent was withheld; (b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been unreasonably withheld. (3) If the landlord gives consent subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld. (4) If the landlord's consent is unreasonably withheld, it must be taken to have been given. (5) On any question as to whether— (a) consent was unreasonably withheld, or (b) a condition imposed was unreasonable, it is for the landlord to show that it was not. (6) If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of the tenancy. (7) An improvement to premises is a relevant improvement if, having regard to the disabled peron's disability, it is likely to facilitate that person's enjoyment of the premises. (8) Subsections (2) to (7) apply only in so far as provision of a like nature is not made by the lease. (9) In this section— “improvement” means an alteration in or addition to the premises and includes— an addition to or alteration in the landlord's fittings and fixtures; an addition or alteration connected with the provision of services to the premises; the erection of a wireless or television aerial; carrying out external decoration; “lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” are to be construed accordingly; “protected tenancy” has the same meaning as in section 1 of the Rent Act 1977; “statutory tenancy” is to be construed in accordance with section 2 of that Act; “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act); “secure tenancy” has the same meaning as in section 79 of the Housing Act 1985.

Propose a change

191 Statutory provisions

Schedule 22 (statutory provisions) has effect.

Propose a change

192 National security

A person does not contravene this Act only by doing, for the purpose of safeguarding national security, anything it is proportionate to do for that purpose.

Propose a change

193 Charities

(1) A person does not contravene this Act only by restricting the provision of benefits to persons who share a protected characteristic if— (a) the person acts in pursuance of a charitable instrument, and (b) the provision of the benefits is within subsection (2). (2) The provision of benefits is within this subsection if it is— (a) a proportionate means of achieving a legitimate aim, or (b) for the purpose of preventing or compensating for a disadvantage linked to the protected characteristic. (3) It is not a contravention of this Act for— (a) a person who provides supported employment to treat persons who have the same disability or a disability of a prescribed description more favourably than those who do not have that disability or a disability of such a description in providing such employment; (b) a Minister of the Crown to agree to arrangements for the provision of supported employment which will, or may, have that effect. (4) If a charitable instrument enables the provision of benefits to persons of a class defined by reference to colour, it has effect for all purposes as if it enabled the provision of such benefits— (a) to persons of the class which results if the reference to colour is ignored, or (b) if the original class is defined by reference only to colour, to persons generally. (5) It is not a contravention of this Act for a charity to require members, or persons wishing to become members, to make a statement which asserts or implies membership or acceptance of a religion or belief; and for this purpose restricting the access by members to a benefit, facility or service to those who make such a statement is to be treated as imposing such a requirement. (6) Subsection (5) applies only if— (a) the charity, or an organisation of which it is part, first imposed such a requirement before 18 May 2005, and (b) the charity or organisation has not ceased since that date to impose such a requirement. (7) It is not a contravention of section 29 for a person, in relation to an activity which is carried on for the purpose of promoting or supporting a charity, to restrict participation in the activity to persons of one sex. (8) A charity regulator does not contravene this Act only by exercising a function in relation to a charity in a manner which the regulator thinks is expedient in the interests of the charity, having regard to the charitable instrument. (9) Subsection (1) does not apply to a contravention of— (a) section 39; (b) section 40; (c) section 41; (d) section 55, so far as relating to the provision of vocational training. (10) Subsection (9) does not apply in relation to disability.

Propose a change

194 Charities: supplementary

(1) This section applies for the purposes of section 193. (2) That section does not apply to race, so far as relating to colour. (3) “Charity”— (a) in relation to England and Wales, has the meaning given by section 1(1) of the Charities Act 2011; (b) in relation to Scotland, means a body entered in the Scottish Charity Register. (4) “Charitable instrument” means an instrument establishing or governing a charity (including an instrument made or having effect before the commencement of this section). (5) The charity regulators are— (a) the Charity Commission for England and Wales; (b) the Scottish Charity Regulator. (6) Section 107(5) applies to references in subsection (5) of section 193 to members, or persons wishing to become members, of a charity. (7) “Supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the Disabled Persons (Employment) Act 1944.

Propose a change

195 Sport

(1) A person does not contravene this Act, so far as relating to sex, only by doing anything in relation to the participation of another as a competitor in a gender-affected activity. (2) A person does not contravene section 29, 33, 34 or 35, so far as relating to gender reassignment, only by doing anything in relation to the participation of a transsexual person as a competitor in a gender-affected activity if it is necessary to do so to secure in relation to the activity— (a) fair competition, or (b) the safety of competitors. (3) A gender-affected activity is a sport, game or other activity of a competitive nature in circumstances in which the physical strength, stamina or physique of average persons of one sex would put them at a disadvantage compared to average persons of the other sex as competitors in events involving the activity. (4) In considering whether a sport, game or other activity is gender-affected in relation to children, it is appropriate to take account of the age and stage of development of children who are likely to be competitors. (5) A person who does anything to which subsection (6) applies does not contravene this Act only because of the nationality or place of birth of another or because of the length of time the other has been resident in a particular area or place. (6) This subsection applies to— (a) selecting one or more persons to represent a country, place or area or a related association, in a sport or game or other activity of a competitive nature; (b) doing anything in pursuance of the rules of a competition so far as relating to eligibility to compete in a sport or game or other such activity. (7) A person does not contravene this Act, so far as relating to age discrimination, only by doing anything in relation to the participation of another as a competitor in an age-banded activity if it is necessary to do so— (a) to secure in relation to the activity fair competition or the safety of competitors, (b) to comply with the rules of a national or international competition, or (c) to increase participation in that activity. (8) For the purposes of subsection (7), an age-banded activity is a sport, game or other activity of a competitive nature in circumstances in which the physical or mental strength, agility, stamina, physique, mobility, maturity or manual dexterity of average persons of a particular age group would put them at a disadvantage compared to average persons of another age group as competitors in events involving the activity.

Propose a change

196 General

Schedule 23 (general exceptions) has effect.

Propose a change

197 Age

(1) A Minister of the Crown may by order amend this Act to provide that any of the following does not contravene this Act so far as relating to age— (a) specified conduct; (b) anything done for a specified purpose; (c) anything done in pursuance of arrangements of a specified description. (2) Specified conduct is conduct— (a) of a specified description, (b) carried out in specified circumstances, or (c) by or in relation to a person of a specified description. (3) An order under this section may— (a) confer on a Minister of the Crown or the Treasury a power to issue guidance about the operation of the order (including, in particular, guidance about the steps that may be taken by persons wishing to rely on an exception provided for by the order); (b) require the Minister or the Treasury to carry out consultation before issuing guidance under a power conferred by virtue of paragraph (a); (c) make provision (including provision to impose a requirement) that refers to guidance issued under a power conferred by virtue of paragraph (a). (4) Guidance given by a Minister of the Crown or the Treasury in anticipation of the making of an order under this section is, on the making of the order, to be treated as if it has been issued in accordance with the order. (5) For the purposes of satisfying a requirement imposed by virtue of subsection (3)(b), the Minister or the Treasury may rely on consultation carried out before the making of the order that imposes the requirement (including consultation carried out before the commencement of this section). (6) Provision by virtue of subsection (3)(c) may, in particular, refer to provisions of the guidance that themselves refer to a document specified in the guidance. (7) Guidance issued (or treated as issued) under a power conferred by virtue of subsection (3)(a) comes into force on such day as the person who issues the guidance may by order appoint; and an order under this subsection may include the text of the guidance or of extracts from it. (8) This section is not affected by any provision of this Act which makes special provision in relation to age. (9) The references to this Act in subsection (1) do not include references to— (a) Part 5 (work); (b) Chapter 2 of Part 6 (further and higher education).

Propose a change

202 Civil partnerships on religious premises

(1) The Civil Partnership Act 2004 is amended as follows. (2) Omit section 6(1)(b) and (2) (prohibition on use of religious premises for registration of civil partnership). (3) In section 6A (power to approve premises for registration of civil partnership), after subsection (2), insert— (2A) Regulations under this section may provide that premises approved for the registration of civil partnerships may differ from those premises approved for the registration of civil marriages. (2B) Provision by virtue of subsection (2)(b) may, in particular, provide that applications for approval of premises may only be made with the consent (whether general or specific) of a person specified, or a person of a description specified, in the provision. (2C) The power conferred by section 258(2), in its application to the power conferred by this section, includes in particular— (a) power to make provision in relation to religious premises that differs from provision in relation to other premises; (b) power to make different provision for different kinds of religious premises. (4) In that section, after subsection (3), insert— (3A) For the avoidance of doubt, nothing in this Act places an obligation on religious organisations to host civil partnerships if they do not wish to do so. (3B) “Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages. (3C) “Religious premises” means premises which— (a) are used solely or mainly for religious purposes, or (b) have been so used and have not subsequently been used solely or mainly for other purposes.

Propose a change

203 Harmonisation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

204 Harmonisation: procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

205 Crown application

(1) The following provisions of this Act bind the Crown— (a) Part 1 (public sector duty regarding socio-economic inequalities); (b) Part 3 (services and public functions), so far as relating to the exercise of public functions; (c) Chapter 1 of Part 11 (public sector equality duty). (2) Part 5 (work) binds the Crown as provided for by that Part. (3) The remainder of this Act applies to Crown acts as it applies to acts done by a private person. (4) For the purposes of subsection (3), an act is a Crown act if (and only if) it is done— (a) by or on behalf of a member of the executive, (b) by a statutory body acting on behalf of the Crown, or (c) by or on behalf of the holder of a statutory office acting on behalf of the Crown. (5) A statutory body or office is a body or office established by an enactment. (6) The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which, as a result of section 23 of that Act, are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown. (7) The provisions of Part 5 of that Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which, as a result of that Part, are treated as civil proceedings by or against the Crown. (8) But the proviso to section 44 of that Act (removal of proceedings from the sheriff to the Court of Session) does not apply to proceedings under this Act.

Propose a change

206 Information society services

Schedule 25 (information society services) has effect.

Propose a change

207 Exercise of power

(1) A power to make an order or regulations under this Act is exercisable by a Minister of the Crown, unless there is express provision to the contrary. (2) Orders, regulations or rules under this Act must be made by statutory instrument. (3) Subsection (2) does not apply to— (a) a transitional exemption order under Part 1 of Schedule 11, (b) a transitional exemption order under Part 1 of Schedule 12, or (c) an order under paragraph 1(3) of Schedule 14 that does not modify an enactment. (4) Orders or regulations under this Act— (a) may make different provision for different purposes; (b) may include consequential, incidental, supplementary, transitional, transitory or saving provision. (5) Nothing in section 163(4), 174(4) , 181A(5), 181B(6) or 182(3) affects the generality of the power under subsection (4)(a). (6) The power under subsection (4)(b), in its application to section 37, 139A, 153, 154(2), 155(5), 197 or 216 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3) of Schedule 14, includes power to amend an enactment (including, in the case of section 139A, 197 or 216, this Act). (7) In the case of section 216 (commencement), provision by virtue of subsection (4)(b) may be included in a separate order from the order that provides for the commencement to which the provision relates; and, for that purpose, it does not matter— (a) whether the order providing for the commencement includes provision by virtue of subsection (4)(b); (b) whether the commencement has taken place. (8) A statutory instrument containing an Order in Council under section 82 (offshore work) is subject to annulment in pursuance of a resolution of either House of Parliament.

Propose a change

208 Ministers of the Crown, etc.

(1) This section applies where the power to make an order or regulations under this Act is exercisable by a Minister of the Crown or the Treasury. (2) A statutory instrument containing (whether alone or with other provision) an order or regulations that amend this Act or another Act of Parliament, or an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales, is subject to the affirmative procedure. (3) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains— (a) an order under section 59 (local authority functions); (b) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty) that provides for the omission of an entry where the authority concerned has ceased to exist or the variation of an entry where the authority concerned has changed its name; (c) an order under paragraph 1(3) of Schedule 14 (educational charities and endowments) that modifies an enactment. (4) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (5) is subject to the affirmative procedure. (5) The orders and regulations referred to in subsection (4) are— (a) regulations under section 30 (services: ships and hovercraft); (aa) regulations under section 40B (prevention of sexual harassment: power to specify “reasonable steps”); (b) regulations under section 78 (gender pay gap information); (ba) regulations under section 78A (equality action plans); (c) regulations under section 81 (work: ships and hovercraft); (d) an order under section 105 (election candidates: expiry of provision); (e) regulations under section 106 (election candidates: diversity information); (ea) regulations under section 139A (equal pay audits); (f) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties); (fa) regulations under section 181A or 181B (information for bus passengers); (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) regulations under paragraph 9(3) of Schedule 20 (rail vehicle accessibility: determination of turnover for purposes of penalties). (6) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) or (4) is subject to the negative procedure. (7) But a statutory instrument is not subject to the negative procedure by virtue of subsection (6) merely because it contains— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) an order under section 216 (commencement) that— (i) does not amend an Act of Parliament, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales, and (ii) is not made in reliance on section 207(7). (8) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament. (9) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of either House of Parliament. (10) If a draft of a statutory instrument containing an order or regulations under section 2, 151, 153, 154(2) or 155(5) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

Propose a change

209 The Welsh Ministers

(1) This section applies where the power to make an order or regulations under this Act is exercisable by the Welsh Ministers. (2) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure. (3) The orders and regulations referred to in subsection (2) are— (a) regulations under section 2 (socio-economic inequalities); (b) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty); (c) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties); (d) regulations under section 155(5) that amend an Act of Parliament or an Act or Measure of the National Assembly for Wales (public sector equality duty: power to modify or remove specific duties); (e) regulations under paragraph 6, 6A or 6F of Schedule 17 (tribunal procedure, case friends and capacity of parents and persons over compulsory school age). (4) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 151 that provides for— (a) the omission of an entry where the authority concerned has ceased to exist, or (b) the variation of an entry where the authority concerned has changed its name. (5) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure. (6) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the National Assembly for Wales. (7) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Propose a change

210 The Scottish Ministers

(1) This section applies where the power to make an order, regulations or rules under this Act is exercisable by the Scottish Ministers. (2) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure. (3) The orders and regulations referred to in subsection (2) are— (a) regulations under section 2 (socio-economic inequalities); (b) regulations under section 37 (power to make provision about adjustments to common parts in Scotland); (c) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty); (d) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties); (e) regulations under section 155(5) that amend an Act of Parliament or an Act of the Scottish Parliament (public sector equality duty: power to modify or remove specific duties). (4) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 151 that provides for— (a) the omission of an entry where the authority concerned has ceased to exist, or (b) the variation of an entry where the authority concerned has changed its name. (5) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure. (6) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the Scottish Parliament. (7) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Propose a change

211 Amendments, repeals and revocations

(1) Schedule 26 (amendments) has effect. (2) Schedule 27 (repeals and revocations) has effect.

Propose a change

212 General interpretation

(1) In this Act— “armed forces” means any of the naval, military or air forces of the Crown; “the Commission” means the Commission for Equality and Human Rights; “detriment” does not, subject to subsection (5), include conduct which amounts to harassment; “the Education Acts” has the meaning given in section 578 of the Education Act 1996; “employment” and related expressions are (subject to subsection (11)) to be read with section 83; “enactment” means an enactment contained in— an Act of Parliament, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales, or subordinate legislation; “equality clause” means a sex equality clause or maternity equality clause; “equality rule” means a sex equality rule or maternity equality rule; “man” means a male of any age; “maternity equality clause” has the meaning given in section 73; “maternity equality rule” has the meaning given in section 75; “non-discrimination rule” has the meaning given in section 61; “occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993; “parent” has the same meaning as in— the Education Act 1996 (in relation to England and Wales); the Education (Scotland) Act 1980 (in relation to Scotland); “prescribed” means prescribed by regulations; “profession” includes a vocation or occupation; “sex equality clause” has the meaning given in section 66; “sex equality rule” has the meaning given in section 67; “subordinate legislation” means— subordinate legislation within the meaning of the Interpretation Act 1978, or an instrument made under an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales; “substantial” means more than minor or trivial; “trade” includes any business; “woman” means a female of any age. (2) A reference (however expressed) to an act includes a reference to an omission. (3) A reference (however expressed) to an omission includes (unless there is express provision to the contrary) a reference to— (a) a deliberate omission to do something; (b) a refusal to do it; (c) a failure to do it. (4) A reference (however expressed) to providing or affording access to a benefit, facility or service includes a reference to facilitating access to the benefit, facility or service. (5) Where this Act disapplies a prohibition on harassment in relation to a specified protected characteristic, the disapplication does not prevent conduct relating to that characteristic from amounting to a detriment for the purposes of discrimination within section 13 because of that characteristic. (6) A reference to occupation, in relation to premises, is a reference to lawful occupation. (7) The following are members of the executive— (a) a Minister of the Crown; (b) a government department; (c) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government; (d) any part of the Scottish Administration. (8) A reference to a breach of an equality clause or rule is a reference to a breach of a term modified by, or included by virtue of, an equality clause or rule. (9) A reference to a contravention of this Act does not include a reference to a breach of an equality clause or rule, unless there is express provision to the contrary. (10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995). (11) “Employer”, “deferred member”, “pension credit member”, “pensionable service”, “pensioner member” and “trustees or managers” each have, in relation to an occupational pension scheme, the meaning given by section 124 of the Pensions Act 1995. (12) A reference to the accrual of rights under an occupational pension scheme is to be construed in accordance with that section. (13) Nothing in section 28, 32, 84, 90, 95 or 100 is to be regarded as an express exception.

Propose a change

213 References to maternity leave, etc.

(1) This section applies for the purposes of this Act. (2) A reference to a woman on maternity leave is a reference to a woman on— (a) compulsory maternity leave, (b) ordinary maternity leave, or (c) additional maternity leave. (3) A reference to a woman on compulsory maternity leave is a reference to a woman absent from work because she satisfies the conditions prescribed for the purposes of section 72(1) of the Employment Rights Act 1996. (4) A reference to a woman on ordinary maternity leave is a reference to a woman absent from work because she is exercising the right to ordinary maternity leave. (5) A reference to the right to ordinary maternity leave is a reference to the right conferred by section 71(1) of the Employment Rights Act 1996. (6) A reference to a woman on additional maternity leave is a reference to a woman absent from work because she is exercising the right to additional maternity leave. (7) A reference to the right to additional maternity leave is a reference to the right conferred by section 73(1) of the Employment Rights Act 1996. (8) “Additional maternity leave period” has the meaning given in section 73(2) of that Act.

Propose a change

214 Index of defined expressions

Schedule 28 lists the places where expressions used in this Act are defined or otherwise explained.

Propose a change

215 Money

There is to be paid out of money provided by Parliament any increase attributable to this Act in the expenses of a Minister of the Crown.

Propose a change

216 Commencement

(1) The following provisions come into force on the day on which this Act is passed— (a) section 186(2) (rail vehicle accessibility: compliance); (b) this Part (except sections 202 (civil partnerships on religious premises), 206 (information society services) and 211 (amendments, etc)). (2) Part 15 (family property) comes into force on such day as the Lord Chancellor may by order appoint. (3) Subject to subsections (4) and (6) , the other provisions of this Act come into force on such day as a Minister of the Crown may by order appoint. (4) The following provisions of Part 1 (socio-economic inequalities) come into force on such day as the Scottish Ministers may by order appoint— (a) section 1, so far as it applies to a relevant authority as defined by section 2(5); (b) section 2, so far as it confers a power on the Scottish Ministers; (c) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a). (5) The following do not apply to an order under subsection (4)— (a) section 207(2) (see instead section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: powers exercisable by Scottish statutory instrument), and (b) section 210. (6) The following provisions of Part 1 come into force on such day as the Welsh Ministers may by order appoint— (a) section 1, so far as it applies to a relevant authority as defined by section 2(6); (b) section 2, so far as it confers a power on the Welsh Ministers; (c) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a). (7) Section 209 does not apply to an order under subsection (6).

Propose a change

217 Extent

(1) This Act forms part of the law of England and Wales. (2) This Act, apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), forms part of the law of Scotland. (3) Each of the following also forms part of the law of Northern Ireland— (a) section 82 (offshore work); (b) section 105(3) and (4) (expiry of Sex Discrimination (Election Candidates) Act 2002); (c) section 199 (abolition of presumption of advancement).

Propose a change

218 Short title

This Act may be cited as the Equality Act 2010.

Propose a change

SCHEDULE 1 Disability: supplementary provision

Section 6 Part 1 Determination of disability Impairment 1 Regulations may make provision for a condition of a prescribed description to be, or not to be, an impairment. Long-term effects 2 (1) The effect of an impairment is long-term if— (a) it has lasted for at least 12 months, (b) it is likely to last for at least 12 months, or (c) it is likely to last for the rest of the life of the person affected. (2) If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur. (3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be disregarded in such circumstances as may be prescribed. (4) Regulations may prescribe circumstances in which, despite sub-paragraph (1), an effect is to be treated as being, or as not being, long-term. Severe disfigurement 3 (1) An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities. (2) Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect. (3) The regulations may, in particular, make provision in relation to deliberately acquired disfigurement. Substantial adverse effects 4 Regulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect. Effect of medical treatment 5 (1) An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if— (a) measures are being taken to treat or correct it, and (b) but for that, it would be likely to have that effect. (2) “Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid. (3) Sub-paragraph (1) does not apply— (a) in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; (b) in relation to such other impairments as may be prescribed, in such circumstances as are prescribed. Normal day-to-day activities 5A (1) This paragraph has effect for the purposes of the application to the protected characteristic of disability of— (a) Part 5 (work); (b) Part 8 (prohibited conduct: ancillary), so far as relating to Part 5; (c) Part 10 (contracts), so far as relating to Part 5; (d) Schedule 21 (reasonable adjustments: supplementary), so far as applying for the purposes of Schedule 8. (2) References in the relevant provisions to a person’s ability to carry out normal day-to-day activities are to be taken as including references to the person’s ability to participate fully and effectively in working life on an equal basis with other workers. (3) The “relevant provisions” are— (a) section 6 (disability); (b) other provisions of this Schedule; (c) regulations under this Schedule (whenever made). Certain medical conditions 6 (1) Cancer, HIV infection and multiple sclerosis are each a disability. (2) HIV infection is infection by a virus capable of causing the Acquired Immune Deficiency Syndrome. Deemed disability 7 (1) Regulations may provide for persons of prescribed descriptions to be treated as having disabilities. (2) The regulations may prescribe circumstances in which a person who has a disability is to be treated as no longer having the disability. (3) This paragraph does not affect the other provisions of this Schedule. Progressive conditions 8 (1) This paragraph applies to a person (P) if— (a) P has a progressive condition, (b) as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but (c) the effect is not (or was not) a substantial adverse effect. (2) P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment. (3) Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive. Past disabilities 9 (1) A question as to whether a person had a disability at a particular time (“the relevant time”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time. (2) The relevant time may be a time before the coming into force of the provision of this Act to which the question relates. Part 2 Guidance Preliminary 10 This Part of this Schedule applies in relation to guidance referred to in section 6(5). Examples 11 The guidance may give examples of— (a) effects which it would, or would not, be reasonable, in relation to particular activities, to regard as substantial adverse effects; (b) substantial adverse effects which it would, or would not, be reasonable to regard as long-term. Adjudicating bodies 12 (1) In determining whether a person is a disabled person, an adjudicating body must take account of such guidance as it thinks is relevant. (2) An adjudicating body is— (a) a court; (b) a tribunal; (c) a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education). Representations 13 Before issuing the guidance, the Minister must— (a) publish a draft of it; (b) consider any representations made to the Minister about the draft; (c) make such modifications as the Minister thinks appropriate in the light of the representations. Parliamentary procedure 14 (1) If the Minister decides to proceed with proposed guidance, a draft of it must be laid before Parliament. (2) If, before the end of the 40-day period, either House resolves not to approve the draft, the Minister must take no further steps in relation to the proposed guidance. (3) If no such resolution is made before the end of that period, the Minister must issue the guidance in the form of the draft. (4) Sub-paragraph (2) does not prevent a new draft of proposed guidance being laid before Parliament. (5) The 40-day period— (a) begins on the date on which the draft is laid before both Houses (or, if laid before each House on a different date, on the later date); (b) does not include a period during which Parliament is prorogued or dissolved; (c) does not include a period during which both Houses are adjourned for more than 4 days. Commencement 15 The guidance comes into force on the day appointed by order by the Minister. Revision and revocation 16 (1) The Minister may— (a) revise the whole or part of guidance and re-issue it; (b) by order revoke guidance. (2) A reference to guidance includes a reference to guidance which has been revised and re-issued.

Propose a change

SCHEDULE 2 Services and public functions: reasonable adjustments

Section 31 Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part. The duty 2 (1) A must comply with the first, second and third requirements. (2) For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally. (3) Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted— (a) to avoid the disadvantage, or (b) to adopt a reasonable alternative method of providing the service or exercising the function. (4) In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A. (5) Being placed at a substantial disadvantage in relation to the exercise of a function means— (a) if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or (b) if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment. (6) In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies). (7) If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter— (a) the nature of the service, or (b) the nature of A's trade or profession. (8) If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take. Special provision about transport 3 (1) This paragraph applies where A is concerned with the provision of a service which involves transporting people by land, air or water. (2) It is never reasonable for A to have to take a step which would— (a) involve the alteration or removal of a physical feature of a vehicle used in providing the service; (b) affect whether vehicles are provided; (c) affect what vehicles are provided; (d) affect what happens in the vehicle while someone is travelling in it. (3) But, for the purpose of complying with the first or third requirement, A may not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is— (a) 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, (b) a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes, (c) 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), (d) a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982), (e) a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981), (f) a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992), (g) a taxi, (h) a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or (i) a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992). (4) In so far as the second requirement requires A to adopt a reasonable alternative method of providing the service to disabled persons, A may not, for the purpose of complying with the requirement, rely on sub-paragraph (2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h). (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 8 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 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, or (b) facilities for the stowage of a wheelchair. (7) For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical 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, 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 of a prescribed description. Interpretation 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 applies. (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 1869, or (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 (b) a vehicle drawn by one or more persons or animals.

Propose a change

SCHEDULE 3 Services and public functions: exceptions

Section 31 Part 1 Constitutional matters Parliament 1 (1) Section 29 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 to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House. Legislation 2 (1) Section 29 does not apply to preparing, making or considering— (a) an Act of Parliament; (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. (2) Section 29 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 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by— (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 29 does not apply to preparing, making, confirming, approving or 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 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by— (a) Her Majesty in Council; (b) the Privy Council. (6) Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions). Judicial functions 3 (1) Section 29 does not apply to— (a) a judicial function; (b) anything done on behalf of, or on the instructions of, a person exercising a judicial function; (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. Armed forces 4 (1) Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces. (2) “Relevant discrimination” is— (a) age discrimination; (b) disability discrimination; (c) gender reassignment discrimination; (d) sex discrimination. Security services, etc. 5 Section 29 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 of the Secretary of State, assisting the Government Communications Headquarters. Part 2 Education 6 In its application to a local authority in England and Wales, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to— (a) the exercise of the authority's functions under section 14 of the Education Act 1996 (provision of schools); (b) the exercise of its function under section 13 of that Act in so far as it relates to a function of its under section 14 of that Act. 7 In its application to an education authority, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to— (a) the exercise of the authority's functions under section 17 of the 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); (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 authority, section 29, so far as relating to sex discrimination, does not apply to the exercise of the authority's functions in relation to the establishment of a school. (2) But nothing in sub-paragraph (1) is to be taken as disapplying section 29 in relation to the exercise of the authority's functions under section 14 of the Education Act 1996 or section 17 of the Education (Scotland) Act 1980. 9 Section 29, 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, (c) transport to or from a school, or (d) the establishment, alteration or closure of schools. 10 (1) Section 29, 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 to remove or alter a physical feature. (2) Relevant functions are functions under— (a) the Education (Scotland) Act 1980, (b) the Education (Scotland) Act 1996, (c) the Standards in Scotland's Schools etc. Act 2000, or (d) the Education (Additional Support for Learning) (Scotland) Act 2004. 11 Section 29, so far as relating to religious or belief-related discrimination, does not apply in relation to anything done in connection with— (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; (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 Part 6. Part 3 Health and care Blood services 13 (1) A person operating a blood service does not contravene section 29 only by refusing to accept a donation of an individual's blood if— (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 blood for the purposes of medical services. (3) “Blood” includes blood components. Health and safety 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 29 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 conditions, and (c) the reason for that refusal is that A reasonably believes that providing the service to such persons would create a risk to their health or safety. (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 contravention of section 29 because she is pregnant if— (a) the conditions are intended to remove or reduce a risk to her health or safety, (b) A reasonably believes that the provision of the service without the conditions would create a risk to her health or safety, (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. Care within the family 15 A person (A) does not contravene section 29 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 and attention. Part 4 Immigration Age 15A (1) This paragraph applies in relation to age discrimination. (2) Section 29 does not apply to anything done by a relevant person in the exercise of relevant functions. (3) A relevant person is — (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 given— (a) with respect to a particular case or class of case, by or under anything mentioned in sub-paragraph (5)(a) to (c); (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) “Relevant functions” means functions exercisable by virtue of — (a) the Immigration Acts, (b) the Special Immigration Appeals Commission Act 1997, or (c) anything which forms part of assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and (in either case) relates to immigration or asylum. ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The reference in sub-paragraph (5)(a) to the Immigration Acts does not 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). Disability 16 (1) This paragraph applies in relation to disability discrimination. (2) Section 29 does not apply to— (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 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; (e) to refuse an application to vary leave to enter or remain in the United Kingdom. (4) 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); (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 to— (a) nationality, or (b) ethnic or national origins. (2) Section 29 does not apply to anything done by a relevant person in the exercise of relevant functions. (3) A relevant person is— (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 given— (a) with respect to a particular case or class of case, by a Minister of the Crown acting personally; (b) with respect to a particular class of case, by or under anything mentioned in sub-paragraph (5)(a) to (c). (5) “Relevant functions” means functions exercisable by virtue of — (a) the Immigration Acts, (b) the Special Immigration Appeals Commission Act 1997, or (c) anything which forms part of assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and (in either case) relates to immigration or asylum.... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The reference in sub-paragraph (5)(a) to the Immigration Acts does not 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). 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-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 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 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). (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— (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 (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); (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 is to be construed in accordance with the Immigration Act 1971. Part 5 Insurance and other financial services Services arranged by employer 20 (1) Section 29 does not apply to the provision of a relevant financial service if 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 (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). Age 20A (1) A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service. (2) Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely. (3) In this paragraph, “ financial service ” includes a service of a banking, credit, insurance, personal pension, investment or payment nature. Disability 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) that 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 (b) it is reasonable to do that 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 (c) Schedule 2 to that Act. Sex, gender reassignment, pregnancy and maternity 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing insurance policies 23 (1) It is not a contravention of section 29, so far as relating to relevant 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; (c) gender reassignment discrimination; (d) pregnancy and maternity discrimination; (e) race discrimination; (f) religious or belief-related discrimination; (g) sex discrimination; (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 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) “Insurance business” has the meaning given in paragraph 21. Part 6 Marriage: gender reassignment Gender reassignment: England and Wales 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 (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. (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 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. PART 6ZA MARRIAGE AND CIVIL PARTNERSHIP: SCOTLAND Gender reassignment: Scotland 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 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise marriage). (3) An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to register the civil partnership of a person (B) if A reasonably believes that B’s gender has become the acquired gender under the Gender Recognition Act 2004. (4) In sub-paragraph (3) “approved celebrant” has the meaning given in section 94A(4)(a) of the Civil Partnership Act 2004. PART 6A Marriage of same sex couples and Civil Partnership in England and Wales Marriage according to religious rites: no compulsion to solemnize etc 25A (1) A person does not contravene section 29 only because the person— (a) does not conduct a relevant marriage, (b) is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or (c) does not consent to a relevant marriage being conducted, for the reason that the marriage is the marriage of a same sex couple. (2) Expressions used in this paragraph and in section 2 of the Marriage (Same Sex Couples) Act 2013 have the same meanings in this paragraph as in that section. No compulsion for religious organisations or persons acting on their behalf to act in relation to civil partnerships 25AA. (1) A protected person does not contravene section 29 only because the person— (a) does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or (b) does not provide, arrange, facilitate or participate in, or is not present at— (i) an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or (ii) a ceremony or event in England or Wales to mark the formation of a civil partnership, for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex. (2) An employer or principal does not contravene section 29 only because the employer or principal is treated under section 109 as doing something that does not, by virtue of sub-paragraph (1), amount to a contravention of section 29 by the employee or agent who in fact does it. (3) In this paragraph— “protected person” has the meaning given by section 30ZA(2) of the 2004 Act; “religious premises” has the meaning given by section 6A(3C) of the 2004 Act. PART 6B CIVIL PARTNERSHIP, MARRIAGE OF SAME SEX COUPLES AND MARRIAGE OF CIVIL PARTNERS: SCOTLAND Marriage and civil partnership: Scotland 25B (1) An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex. (1A) An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the opposite sex who are in a civil partnership with each other. (2) An approved celebrant does not contravene section 29 only by refusing to register a relevant Scottish civil partnership for the reason that the approved celebrant does not wish to register civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex. (3) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex. (3A) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other. (4) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the registration of a relevant Scottish civil partnership for the reason that the person does not wish to participate in such ceremonies in relation to civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex. (5) For the purposes of this paragraph, a person is an approved celebrant for the purposes of both marriage and civil partnership whether the person is an approved celebrant within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977 or section 94A(4)(a) of the Civil Partnership Act 2004. (6) In this paragraph— “relevant Scottish civil partnership” means a religious or belief civil partnership within the meaning of section 94A(4)(b) of the Civil Partnership Act 2004; “relevant Scottish marriage” means a religious or belief marriage ... within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977. Marriage of same sex couples: Scottish forces marriages 25C (1) A chaplain does not contravene section 29 only by refusing to solemnise a relevant Scottish forces marriage according to religious rites or usages for the reason that the marriage is the marriage of two persons of the same sex. (2) In this paragraph— “chaplain” has the meaning given by paragraph (a) of the definition of “authorised person” in paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013; “forces marriage” has the meaning given by paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013; “relevant Scottish forces marriage” means a forces marriage of two persons of the same sex where Scotland is the relevant part of the United Kingdom within the meaning of paragraph 12 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013. Part 7 Separate, single and concessionary services, etc Separate services for the sexes 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. (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 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 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 (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 (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 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, 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 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. (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. 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. (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 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) 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. (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 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, (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. (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 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 (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. Concessions 30A (1) A person does not contravene section 29, so far as relating to age discrimination, by giving a concession in respect of a service to persons of a particular age group. (2) The reference to a concession in respect of a service is a reference to a benefit, right or privilege having the effect that the manner in which the service is provided is, or the terms on which it is provided are, more favourable than the manner in which, or the terms on which, it is usually provided to the public (or, where it is provided to a section of the public, that section). Age related holidays 30B (1) A person (P) does not contravene section 29, so far as relating to age discrimination, by providing a relevant holiday service to persons of a particular age group. (2) In sub-paragraph (1) “ relevant holiday service ” means a service— (a) which involves the provision of at least two of the following together for a single price— (i) travel; (ii) accommodation; (iii) access to activities or services not ancillary to travel or accommodation which form a significant part of the service or its cost; (b) the provision of which is for a period of more than 24 hours or includes the provision of overnight accommodation; (c) which P provides only to persons of the age group in question; and (d) an essential feature of which is the bringing together of persons of that age group with a view to facilitating their enjoyment of facilities or services designed with particular regard to persons of that age group. (3) P may not rely on sub-paragraph (1) unless, before providing a person with a relevant holiday service, P provides the person with a written statement that the service is provided only to persons of the age group in question. (4) For the purpose of sub-paragraph (2)(a)(i), “ travel ” includes an option for an individual to make alternative travel arrangements to those included in the relevant holiday service as offered by P. Age restricted services 30C (1) This paragraph applies where a person (P)— (a) provides a service the provision of which is prohibited by or under an enactment to persons under the age specified in or under the enactment (“the statutory age”), and (b) displays on the premises on which the service is provided an age warning in relation to the provision of the service. (2) An age warning in relation to the provision of a service is a statement to the effect that the service will not be provided to a person who— (a) appears to P, or an employee or agent of P's, to be under the age specified in the statement, and (b) on being required to do so by P or the employee or agent, fails to produce satisfactory identification. (3) P does not contravene section 29, so far as relating to age discrimination, by not providing the service to a person, who— (a) appears to P, or an employee or agent of P's, to be under the age specified in the age warning in relation to the provision of the service, and (b) on being required to do so by P or the employee or agent, fails to produce satisfactory identification. (4) In this paragraph— (a) a reference to the provision of a service includes a reference to provision of access to the service, and (b) “ satisfactory identification ”, in relation to a person, means a valid document which— (i) in the case of licensed premises where an age condition applies, meets that condition, and (ii) in any other case includes a photograph of the person and establishes that the person has attained the statutory age in relation to the provision of a service; “ licensed premises ” means premises in respect of which a relevant premises licence within the meaning of section 19A of the Licensing Act 2003 (mandatory conditions where alcohol sold) has effect; and “ age condition ” means a condition specified in an order under subsection (1) of section 19A of that Act requiring the age of certain persons to be verified in the manner specified in the condition before they are served alcohol in premises where the condition applies. Residential mobile homes 30D (1) A person (A) who is the owner of a protected site does not contravene section 29, so far as relating to age discrimination, by— (a) entering into a mobile home agreement with a person (B) that entitles only persons who have attained a particular age to station and occupy a mobile home on land forming part of the site, or (b) refusing to permit assignment by B of a mobile home agreement to any person other than a person who has attained a particular age. (2) A does not contravene section 29, so far as relating to age discrimination, by imposing a requirement in park rules that mobile homes stationed on land forming part of the site and occupied under mobile home agreements may be occupied only by persons who have attained a particular age. (3) A does not contravene section 29, so far as relating to age discrimination, by— (a) imposing in or under a mobile home rental agreement with a person (C) a requirement that the mobile home to which the agreement relates may be occupied only by persons who have attained a particular age, or (b) refusing to permit assignment by C of a mobile home rental agreement to any person other than a person who has attained a particular age. (4) But A may not rely on sub-paragraph (1) or (3) unless, before doing something mentioned in that sub-paragraph, A provides B or C, as the case may be, with a written statement to the effect that the mobile home in question may be occupied only by persons who have attained the age in question. (5) In this paragraph, “ mobile home agreement ” means an agreement to which the Mobile Homes Act 1983 or Part 4 of the Mobile Homes (Wales) Act 2013 applies; and “ owner ”, “ protected site ” and “ mobile home ” have the same meaning as in that Act or that Part of that Act ; “ park rules ” means rules applying to residents of mobile homes on the protected site and required to be observed by a term in the mobile home agreement or the mobile home rental agreement as the case may be; “ mobile home rental agreement ” means an agreement (other than an arrangement to occupy a mobile home for the purposes of a holiday) under which a person (“ the occupier ”) is entitled to occupy a mobile home on the protected site as the occupier's residence whether for a specified period or for successive periods of a specified duration subject to payment of money and the performance of other obligations. Part 8 Television, radio and on-line broadcasting and distribution 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). Part 9 Transport Application to disability 32 This Part of this Schedule applies in relation to disability discrimination. Transport by air 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 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. Transport by land: road 34 (1) Section 29 does not apply to transporting people by land, unless the vehicle concerned is— (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 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 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 Public Passenger Vehicles Act 1981), (g) a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992), (h) a taxi, (i) a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or (j) a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992). (1A) Sections 20 to 22 and section 29 do not apply to anything that is governed by Regulation ( EU ) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 . (2) Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it applies for the purposes of paragraph 3 of that Schedule. Transport by land: rail 34A Section 29 does not apply to anything governed by Regulation ( EC ) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations. Part 10 Supplementary Power to amend 35 (1) A Minister of the Crown may by order amend this Schedule— (a) so as to add, vary or omit an exception to section 29, so far as relating to disability, religion or belief or sexual orientation; (b) so as to add, vary or omit an exception to section 29(6), so far as relating to gender reassignment, pregnancy and maternity, race or sex. (2) But provision by virtue of sub-paragraph (1) may not amend this Schedule— (a) so as to omit an exception in paragraph 1, 2 or 3; (b) so as to reduce the extent to which an exception in paragraph 1, 2 or 3 applies. (3) 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. (4) Before making an order under this paragraph the Minister must consult the Commission. (5) Nothing in this paragraph affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

Propose a change

SCHEDULE 4 Premises: reasonable adjustments

Section 38 Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part. The duty in relation to let premises 2 (1) This paragraph applies where A is a controller of let premises. (2) A must comply with the first and third requirements. (3) For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to a term of the letting. (4) For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who— (a) is a tenant of the premises, or (b) is otherwise entitled to occupy them. (5) In relation to each requirement, the relevant matters are— (a) the enjoyment of the premises; (b) the use of a benefit or facility, entitlement to which arises as a result of the letting. (6) Sub-paragraph (2) applies only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises to take steps to avoid the disadvantage or provide the auxiliary aid. (7) If a term of the letting that prohibits the tenant from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the tenant to make alterations to the let premises so as to avoid the disadvantage. (8) It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature. (9) For the purposes of this paragraph, physical features do not include furniture, furnishings, materials, equipment or other chattels in or on the premises; and none of the following is an alteration of a physical feature— (a) the replacement or provision of a sign or notice; (b) the replacement of a tap or door handle; (c) the replacement, provision or adaptation of a door bell or door entry system; (d) changes to the colour of a wall, door or any other surface. (10) The terms of a letting include the terms of an agreement relating to it. The duty in relation to premises to let 3 (1) This paragraph applies where A is a controller of premises to let. (2) A must comply with the first and third requirements. (3) For the purposes of this paragraph, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who is considering taking a letting of the premises. (4) In relation to each requirement, the relevant matter is becoming a tenant of the premises. (5) Sub-paragraph (2) applies only if A receives a request by or on behalf of a disabled person within sub-paragraph (3) for A to take steps to avoid the disadvantage or provide the auxiliary aid. (6) Nothing in this paragraph requires A to take a step which would involve the removal or alteration of a physical feature. (7) Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph. The duty in relation to commonhold units 4 (1) This paragraph applies where A is a commonhold association; and the reference to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit. (2) A must comply with the first and third requirements. (3) For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to— (a) a term of the commonhold community statement, or (b) any other term applicable by virtue of the transfer of the unit to the unit-holder. (4) For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who— (a) is the unit-holder, or (b) is otherwise entitled to occupy the unit. (5) In relation to each requirement, the relevant matters are— (a) the enjoyment of the unit; (b) the use of a benefit or facility, entitlement to which arises as a result of a term within sub-paragraph (3)(a) or (b). (6) Sub-paragraph (2) applies only if A receives a request from or on behalf of the unit-holder or a person entitled to occupy the unit to take steps to avoid the disadvantage or provide the auxiliary aid. (7) If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the unit-holder to make alterations to the unit so as to avoid the disadvantage. (8) It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature; and sub-paragraph (9) of paragraph 2 applies in relation to a commonhold unit as it applies in relation to let premises. Victimisation 8 (1) This paragraph applies where the relevant disabled person comes within paragraph 2(4)(b), 4(4)(b) or 5(4)(c). (2) A must not, because of costs incurred in connection with taking steps to comply with a requirement imposed for the purposes of paragraph 2, 4 or 5, subject to a detriment— (a) a tenant of the premises, or (b) the unit-holder. Regulations 9 (1) This paragraph applies for the purposes of section 36 and this Schedule. (2) Regulations may make provision as to— (a) circumstances in which premises are to be treated as let, or as not let, to a person; (b) circumstances in which premises are to be treated as being, or as not being, to let; (c) who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or unit-holder; (d) who is to be treated as being, or as not being, a person by whom premises are let; (e) who is to be treated as having, or as not having, premises to let; (f) who is to be treated as being, or as not being, a manager of premises. (3) Provision made by virtue of this paragraph may amend this Schedule.

Propose a change

SCHEDULE 5 Premises: exceptions

Section 38 Owner-occupier 1 (1) This paragraph applies to the private disposal of premises by an owner-occupier. (2) A disposal is a private disposal only if the owner-occupier does not— (a) use the services of an estate agent for the purpose of disposing of the premises, or (b) publish (or cause to be published) an advertisement in connection with their disposal. (3) Section 33(1) applies only in so far as it relates to race. (4) Section 34(1) does not apply in so far as it relates to— (a) religion or belief, or (b) sexual orientation. (5) In this paragraph— “estate agent” means a person who, by way of profession or trade, provides services for the purpose of— finding premises for persons seeking them, or assisting in the disposal of premises; “owner-occupier” means a person who— owns an estate or interest in premises, and occupies the whole of them. 2 (1) Section 36(1)(a) does not apply if— (a) the premises are, or have been, the only or main home of a person by whom they are let, and (b) since entering into the letting, neither that person nor any other by whom they are let has used a manager for managing the premises. (2) A manager is a person who, by profession or trade, manages let premises. (3) Section 36(1)(b) does not apply if— (a) the premises are, or have been, the only or main home of a person who has them to let, and (b) neither that person nor any other who has the premises to let uses the services of an estate agent for letting the premises. (4) “Estate agent” has the meaning given in paragraph 1. Small premises 3 (1) This paragraph applies to anything done by a person in relation to the disposal, occupation or management of part of small premises if— (a) the person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and (b) the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (a). (2) Sections 33(1), 34(1) and 35(1) apply only in so far as they relate to race. (3) Premises are small if— (a) the only other persons occupying the accommodation occupied by the resident mentioned in sub-paragraph (1)(a) are members of the same household, (b) the premises also include accommodation for at least one other household, (c) the accommodation for each of those other households is let, or available for letting, on a separate tenancy or similar agreement, and (d) the premises are not normally sufficient to accommodate more than two other households. (4) Premises are also small if they are not normally sufficient to provide residential accommodation for more than six persons (in addition to the resident mentioned in sub-paragraph (1)(a) and members of the same household). (5) In this paragraph, “relative” means— (a) spouse or civil partner, (b) unmarried partner, (c) parent or grandparent, (d) child or grandchild (whether or not legitimate), (e) the spouse, civil partner or unmarried partner of a child or grandchild, (f) brother or sister (whether of full blood or half-blood), or (g) a relative within paragraph (c), (d), (e) or (f) whose relationship arises as a result of marriage or civil partnership. (6) In sub-paragraph (5), a reference to an unmarried partner is a reference to the other member of a couple consisting of two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners. 4 (1) Section 36(1) does not apply if— (a) the premises in question are small premises, (b) the relevant person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and (c) the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (b). (2) The relevant person is the person who, for the purposes of section 36(1), is— (a) the controller of the premises, or (b) the responsible person in relation to the common parts to which the premises relate. (3) “Small premises” and “relative” have the same meaning as in paragraph 3. 5 A Minister of the Crown may by order amend paragraph 3 or 4.

Propose a change

SCHEDULE 6 Office-holders: excluded offices

Section 52 Work to which other provisions apply 1 (1) An office or post is not a personal or public office in so far as one or more of the provisions mentioned in sub-paragraph (2)— (a) applies in relation to the office or post, or (b) would apply in relation to the office or post but for the operation of some other provision of this Act. (2) Those provisions are— (a) section 39 (employment); (b) section 41 (contract work); (c) section 44 (partnerships). (d) section 45 (LLPs); (e) section 47 (barristers); (f) section 48 (advocates); (g) section 55 (employment services) so far as applying to the provision of work experience within section 56(2)(a) or arrangements within section 56(2)(c) for such provision. Political offices 2 (1) An office or post is not a personal or public office if it is a political office. (2) A political office is an office or post set out in the second column of the following Table— Political setting | Office or post Houses of Parliament | An office of the House of Commons held by a member of that House An office of the House of Lords held by a member of that House A Ministerial office within the meaning of section 2 of the House of Commons Disqualification Act 1975 The office of the Leader of the Opposition within the meaning of the Ministerial and other Salaries Act 1975 The office of the Chief Opposition Whip, or of an Assistant Opposition Whip, within the meaning of that Act Scottish Parliament | An office of the Scottish Parliament held by a member of the Parliament The office of a member of the Scottish Executive The office of a junior Scottish Minister National Assembly for Wales | An office of the National Assembly for Wales held by a member of the Assembly The office of a member of the Welsh Assembly Government Local government in England (outside London) | An office of a county council, district council or parish council in England held by a member of the council An office of the Council of the Isles of Scilly held by a member of the Council Local government in London | An office of the Greater London Authority held by the Mayor of London or a member of the London Assembly An office of a London borough council held by a member of the council An office of the Common Council of the City of London held by a member of the Council Local government in Wales | An office of a county council, county borough council or community council in Wales held by a member of the council Local government in Scotland | An office of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 held by a member of the council An office of a council established under section 51 of the Local Government (Scotland) Act 1973 held by a member of the council Political parties | An office of a registered political party (3) The reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000. Honours etc. 3 A life peerage (within the meaning of the Life Peerages Act 1958), or any other dignity or honour conferred by the Crown, is not a personal or public office. Bishops 4 The office of diocesan or suffragan bishop is not a public office.

Propose a change

SCHEDULE 7 Equality of terms: exceptions

Section 80 Part 1 Terms of work Compliance with laws regulating employment of women, etc. 1 Neither a sex equality clause nor a maternity equality clause has effect in relation to terms of work affected by compliance with laws regulating— (a) the employment of women; (b) the appointment of women to personal or public offices. Pregnancy, etc. 2 A sex equality clause does not have effect in relation to terms of work affording special treatment to women in connection with pregnancy or childbirth. Part 2 Occupational pension schemes Preliminary 3 (1) A sex equality rule does not have effect in relation to a difference as between men and women in the effect of a relevant matter if the difference is permitted by or by virtue of this Part of this Schedule. (2) “Relevant matter” has the meaning given in section 67. State retirement pensions 4 (1) This paragraph applies where a man and a woman are eligible, in such circumstances as may be prescribed, to receive different amounts by way of pension. (2) The difference is permitted if, in prescribed circumstances, it is attributable only to differences between men and women in the retirement benefits to which, in prescribed circumstances, the man and woman are or would be entitled. (3) “Retirement benefits” are benefits under sections 43 to 55 of the Social Security Contributions and Benefits Act 1992 (state retirement pensions)or sections 2 to 12 of the Pensions Act 2014 (state pension). Actuarial factors 5 (1) A difference as between men and women is permitted if it consists of applying to the calculation of the employer's contributions to an occupational pension scheme actuarial factors which— (a) differ for men and women, and (b) are of such description as may be prescribed. (2) A difference as between men and women is permitted if it consists of applying to the determination of benefits of such description as may be prescribed actuarial factors which differ for men and women. Power to amend 6 (1) Regulations may amend this Part of this Schedule so as to add, vary or omit provision about cases where a difference as between men and women in the effect of a relevant matter is permitted. (2) The regulations may make provision about pensionable service before the date on which they come into force (but not about pensionable service before 17 May 1990).

Propose a change

SCHEDULE 8 Work: reasonable adjustments

Section 83 Part 1 Introductory Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part of this Act. The duty 2 (1) A must comply with the first, second and third requirements. (2) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; (c) the reference in section 20(3), (4) or (5) to a disabled person is to an interested disabled person. (3) In relation to the first and third requirements, a relevant matter is any matter specified in the first column of the applicable table in Part 2 of this Schedule. (4) In relation to the second requirement, a relevant matter is— (a) a matter specified in the second entry of the first column of the applicable table in Part 2 of this Schedule, or (b) where there is only one entry in a column, a matter specified there. (5) If two or more persons are subject to a duty to make reasonable adjustments in relation to the same interested disabled person, each of them must comply with the duty so far as it is reasonable for each of them to do so. 3 (1) This paragraph applies if a duty to make reasonable adjustments is imposed on A by section 55 (except where the employment service which A provides is the provision of vocational training within the meaning given by section 56(6)(b)). (2) The reference in section 20(3), (4) and (5) to a disabled person is a reference to an interested disabled person. (3) In relation to each requirement, the relevant matter is the employment service which A provides. (4) Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph. Part 2 Interested disabled person Preliminary 4 An interested disabled person is a disabled person who, in relation to a relevant matter, is of a description specified in the second column of the applicable table in this Part of this Schedule. Employers (see section 39) 5 (1) This paragraph applies where A is an employer. Relevant matter | Description of disabled person Deciding to whom to offer employment. | A person who is, or has notified A that the person may be, an applicant for the employment. Employment by A. | An applicant for employment by A. An employee of A's. (2) Where A is the employer of a disabled contract worker (B), A must comply with the first, second and third requirements on each occasion when B is supplied to a principal to do contract work. (3) In relation to the first requirement (as it applies for the purposes of sub-paragraph (2))— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of all or most of the principals to whom B is or might be supplied, (b) the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in paragraph (a), and (c) the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the provision, criterion or practice were applied by or on behalf of A. (4) In relation to the second requirement (as it applies for the purposes of sub-paragraph (2))— (a) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by each of the principals referred to in sub-paragraph (3)(a), (b) the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of those principals, and (c) the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the premises were occupied by A. (5) In relation to the third requirement (as it applies for the purposes of sub-paragraph (2))— (a) the reference in section 20(5) to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in sub-paragraph (3)(a), and (b) the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if A were the person to whom B was supplied. Principals in contract work (see section 41) 6 (1) This paragraph applies where A is a principal. Relevant matter | Description of disabled person Contract work that A may make available. | A person who is, or has notified A that the person may be, an applicant to do the work. Contract work that A makes available. | A person who is supplied to do the work. (2) A is not required to do anything that a disabled person's employer is required to do by virtue of paragraph 5. Partnerships (see section 44) 7 (1) This paragraph applies where A is a firm or a proposed firm. Relevant matter | Description of disabled person Deciding to whom to offer a position as a partner. | A person who is, or has notified A that the person may be, a candidate for the position. A position as a partner. | A candidate for the position. The partner who holds the position. (2) Where a firm or proposed firm (A) is required by this Schedule to take a step in relation to an interested disabled person (B)— (a) the cost of taking the step is to be treated as an expense of A; (b) the extent to which B should (if B is or becomes a partner) bear the cost is not to exceed such amount as is reasonable (having regard in particular to B's entitlement to share in A's profits). LLPs (see section 45) 8 (1) This paragraph applies where A is an LLP or a proposed LLP. Relevant matter | Description of disabled person Deciding to whom to offer a position as a member. | A person who is, or has notified A that the person may be, a candidate for the position. A position as a member. | A candidate for the position. The member who holds the position. (2) Where an LLP or proposed LLP (A) is required by this Schedule to take a step in relation to an interested disabled person (B)— (a) the cost of taking the step is to be treated as an expense of A; (b) the extent to which B should (if B is or becomes a member) bear the cost is not to exceed such amount as is reasonable (having regard in particular to B's entitlement to share in A's profits). Barristers and their clerks (see section 47) 9 This paragraph applies where A is a barrister or barrister's clerk. Relevant matter | Description of disabled person Deciding to whom to offer a pupillage or tenancy. | A person who is, or has notified A that the person may be, an applicant for the pupillage or tenancy. A pupillage or tenancy. | An applicant for the pupillage or tenancy. The pupil or tenant. Advocates and their clerks (see section 48) 10 This paragraph applies where A is an advocate or advocate's clerk. Relevant matter | Description of disabled person Deciding who to offer to take as a devil or to whom to offer membership of a stable. | A person who applies, or has notified A that the person may apply, to be taken as a devil or to become a member of the stable. The relationship with a devil or membership of a stable. | An applicant to be taken as a devil or to become a member of the stable. The devil or member. Persons making appointments to offices etc. (see sections 49 to 51) 11 This paragraph applies where A is a person who has the power to make an appointment to a personal or public office. Relevant matter | Description of disabled person Deciding to whom to offer the appointment. | A person who is, or has notified A that the person may be, seeking the appointment. A person who is being considered for the appointment. Appointment to the office. | A person who is seeking, or being considered for, appointment to the office. 12 This paragraph applies where A is a relevant person in relation to a personal or public office. Relevant matter | Description of disabled person Appointment to the office. | A person appointed to the office. 13 This paragraph applies where A is a person who has the power to make a recommendation for, or give approval to, an appointment to a public office. Relevant matter | Description of disabled person Deciding who to recommend or approve for appointment to the office. | A person who is, or has notified A that the person may be, seeking recommendation or approval for appointment to the office. A person who is being considered for recommendation or approval for appointment to the office. An appointment to the office. | A person who is seeking, or being considered for, appointment to the office in question. 14 In relation to the second requirement in a case within paragraph 11, 12 or 13, the reference in paragraph 2(2)(b) to premises occupied by A is to be read as a reference to premises— (a) under the control of A, and (b) at or from which the functions of the office concerned are performed. Qualifications bodies (see section 53) 15 (1) This paragraph applies where A is a qualifications body. Relevant matter | Description of disabled person Deciding upon whom to confer a relevant qualification. | A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification. Conferment by the body of a relevant qualification. | An applicant for the conferment of the qualification. A person who holds the qualification. (2) A provision, criterion or practice does not include the application of a competence standard. Employment service-providers (see section 55) 16 This paragraph applies where— (a) A is an employment service-provider, and (b) the employment service which A provides is vocational training within the meaning given by section 56(6)(b). Relevant matter | Description of disabled person Deciding to whom to offer to provide the service. | A person who is, or has notified A that the person may be, an applicant for the provision of the service. Provision by A of the service. | A person who applies to A for the provision of the service. A person to whom A provides the service. Trade organisations (see section 57) 17 This paragraph applies where A is a trade organisation. Relevant matter | Description of disabled person Deciding to whom to offer membership of the organisation. | A person who is, or has notified A that the person may be, an applicant for membership. Membership of the organisation. | An applicant for membership. A member. Local authorities (see section 58) 18 (1) This paragraph applies where A is a local authority. Relevant matter | Description of disabled person A member's carrying-out of official business. | The member. (2) Regulations may, for the purposes of a case within this paragraph, make provision— (a) as to circumstances in which a provision, criterion or practice is, or is not, to be taken to put a disabled person at the disadvantage referred to in the first requirement; (b) as to circumstances in which a physical feature is, or is not, to be taken to put a disabled person at the disadvantage referred to in the second requirement; (c) as to circumstances in which it is, or in which it is not, reasonable for a local authority to be required to take steps of a prescribed description; (d) as to steps which it is always, or which it is never, reasonable for a local authority to take. Occupational pensions (see section 61) 19 This paragraph applies where A is, in relation to an occupational pension scheme, a responsible person within the meaning of section 61. Relevant matter | Description of disabled person Carrying out A's functions in relation to the scheme. | A person who is or may be a member of the scheme. Part 3 Limitations on the duty Lack of knowledge of disability, etc. 20 (1) A is not subject to a duty to make reasonable adjustments if A does not know, and could not reasonably be expected to know— (a) in the case of an applicant or potential applicant, that an interested disabled person is or may be an applicant for the work in question; (b) in any case referred to in Part 2 of this Schedule, that an interested disabled person has a disability and is likely to be placed at the disadvantage referred to in the first, second or third requirement. (2) An applicant is, in relation to the description of A specified in the first column of the table, a person of a description specified in the second column (and the reference to a potential applicant is to be construed accordingly). Description of A | Applicant An employer | An applicant for employment A firm or proposed firm | A candidate for a position as a partner An LLP or proposed LLP | A candidate for a position as a member A barrister or barrister's clerk | An applicant for a pupillage or tenancy An advocate or advocate's clerk | An applicant for being taken as an advocate's devil or for becoming a member of a stable A relevant person in relation to a personal or public office | A person who is seeking appointment to, or recommendation or approval for appointment to, the office A qualifications body | An applicant for the conferment of a relevant qualification An employment service-provider | An applicant for the provision of an employment service A trade organisation | An applicant for membership (3) If the duty to make reasonable adjustments is imposed on A by section 55, this paragraph applies only in so far as the employment service which A provides is vocational training within the meaning given by section 56(6)(b).

Propose a change

SCHEDULE 9 Work: exceptions

Section 83 Part 1 Occupational requirements General 1 (1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work— (a) it is an occupational requirement, (b) the application of the requirement is a proportionate means of achieving a legitimate aim, and (c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). (2) The provisions are— (a) section 39(1)(a) or (c) or (2)(b) or (c); (b) section 41(1)(b); (c) section 44(1)(a) or (c) or (2)(b) or (c); (d) section 45(1)(a) or (c) or (2)(b) or (c); (e) section 49(3)(a) or (c) or (6)(b) or (c); (f) section 50(3)(a) or (c) or (6)(b) or (c); (g) section 51(1); (h) section 60A(1). (3) The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read— (a) in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored); (b) in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored). (4) In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted. Religious requirements relating to sex, marriage etc., sexual orientation 2 (1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that— (a) the employment is for the purposes of an organised religion, (b) the application of the requirement engages the compliance or non-conflict principle, and (c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). (2) The provisions are— (a) section 39(1)(a) or (c) or (2)(b) or (c); (b) section 49(3)(a) or (c) or (6)(b) or (c); (c) section 50(3)(a) or (c) or (6)(b) or (c); (d) section 51(1); (e) section 60A(1). (3) A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that— (a) the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and (b) the application of the requirement engages the compliance or non-conflict principle. (4) This sub-paragraph applies to— (a) a requirement to be of a particular sex; (b) a requirement not to be a transsexual person; (c) a requirement not to be married or a civil partner; (ca) a requirement not to be married to, or the civil partner of, a person of the same sex; (cb) a requirement not to be the civil partner of a person of the opposite sex; (d) a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner; (e) a requirement relating to circumstances in which a marriage or civil partnership came to an end; (f) a requirement related to sexual orientation. (5) The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion. (6) The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. (7) A reference to employment includes a reference to an appointment to a personal or public office. (8) In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted. Other requirements relating to religion or belief 3 A person (A) with an ethos based on religion or belief does not contravene a provision mentioned in paragraph 1(2) by applying in relation to work a requirement to be of a particular religion or belief if A shows that, having regard to that ethos and to the nature or context of the work— (a) it is an occupational requirement, (b) the application of the requirement is a proportionate means of achieving a legitimate aim, and (c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). Armed forces 4 (1) A person does not contravene section 39(1)(a) or (c) or (2)(b) or section 60A(1) by applying in relation to service in the armed forces a relevant requirement if the person shows that the application is a proportionate means of ensuring the combat effectiveness of the armed forces. (2) A relevant requirement is— (a) a requirement to be a man; (b) a requirement not to be a transsexual person. (3) This Part of this Act, so far as relating to age or disability, does not apply to service in the armed forces; and section 55, so far as relating to disability, does not apply to work experience in the armed forces. Employment services 5 (1) A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that A's treatment of another person relates only to work the offer of which could be refused to that other person in reliance on paragraph 1, 2, 3 or 4. (2) A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that A's treatment of another person relates only to training for work of a description mentioned in sub-paragraph (1). (3) A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that— (a) A acted in reliance on a statement made to A by a person with the power to offer the work in question to the effect that, by virtue of sub-paragraph (1) or (2), A's action would be lawful, and (b) it was reasonable for A to rely on the statement. (4) A person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading. (5) A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Interpretation 6 (1) This paragraph applies for the purposes of this Part of this Schedule. (2) A reference to contravening a provision of this Act is a reference to contravening that provision by virtue of section 13. (3) A reference to work is a reference to employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office. (4) A reference to a person includes a reference to an organisation. (5) A reference to section 39(2)(b), 44(2)(b), 45(2)(b), 49(6)(b) or 50(6)(b) is to be read as a reference to that provision with the omission of the words “or for receiving any other benefit, facility or service”. (6) A reference to section 39(2)(c), 44(2)(c), 45(2)(c), 49(6)(c), 50(6)(c), 53(2)(a) or 55(2)(c) (dismissal, etc.) does not include a reference to that provision so far as relating to sex. (7) The reference to paragraph (b) of section 41(1), so far as relating to sex, is to be read as if that paragraph read— (b) by not allowing the worker to do the work. Part 2 Exceptions relating to age Preliminary 7 For the purposes of this Part of this Schedule, a reference to an age contravention is a reference to a contravention of this Part of this Act, so far as relating to age. Retirement 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicants at or approaching retirement age 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Benefits based on length of service 10 (1) It is not an age contravention for a person (A) to put a person (B) at a disadvantage when compared with another (C), in relation to the provision of a benefit, facility or service in so far as the disadvantage is because B has a shorter period of service than C. (2) If B's period of service exceeds 5 years, A may rely on sub-paragraph (1) only if A reasonably believes that doing so fulfils a business need. (3) A person's period of service is whichever of the following A chooses— (a) the period for which the person has been working for A at or above a level (assessed by reference to the demands made on the person) that A reasonably regards as appropriate for the purposes of this paragraph, or (b) the period for which the person has been working for A at any level. (4) The period for which a person has been working for A must be based on the number of weeks during the whole or part of which the person has worked for A. (5) But for that purpose A may, so far as is reasonable, discount— (a) periods of absence; (b) periods that A reasonably regards as related to periods of absence. (6) For the purposes of sub-paragraph (3)(b), a person is to be treated as having worked for A during any period in which the person worked for a person other than A if— (a) that period counts as a period of employment with A as a result of section 218 of the Employment Rights Act 1996, or (b) if sub-paragraph (a) does not apply, that period is treated as a period of employment by an enactment pursuant to which the person's employment was transferred to A. (7) For the purposes of this paragraph, the reference to a benefit, facility or service does not include a reference to a benefit, facility or service which may be provided only by virtue of a person's ceasing to work. The national minimum wage: young workers 11 (1) It is not an age contravention for a person to pay a young worker (A) at a lower rate than that at which the person pays an older worker (B) if— (a) the hourly rate for the national minimum wage for a person of A's age is lower than that for a person of B's age, and (b) the rate at which A is paid is below the single hourly rate. (2) A young worker is a person who qualifies for the national minimum wage at a lower rate than the single hourly rate; and an older worker is a person who qualifies for the national minimum wage at a higher rate than that at which the young worker qualifies for it. (3) The single hourly rate is the rate prescribed under section 1(3) of the National Minimum Wage Act 1998. The national minimum wage: apprentices 12 (1) It is not an age contravention for a person to pay an apprentice who does not qualify for the national minimum wage at a lower rate than the person pays an apprentice who does. (2) An apprentice is a person who— (a) is employed under a contract of apprenticeship, or (b) as a result of provision made by virtue of section 3(2)(a) of the National Minimum Wage Act 1998 (persons not qualifying), is treated as employed under a contract of apprenticeship. Redundancy 13 (1) It is not an age contravention for a person to give a qualifying employee an enhanced redundancy payment of an amount less than that of an enhanced redundancy payment which the person gives to another qualifying employee, if each amount is calculated on the same basis. (2) It is not an age contravention to give enhanced redundancy payments only to those who are qualifying employees by virtue of sub-paragraph (3)(a) or (b). (3) A person is a qualifying employee if the person— (a) is entitled to a redundancy payment as a result of section 135 of the Employment Rights Act 1996, (b) agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled, (c) would have been so entitled but for section 155 of that Act (requirement for two years' continuous employment), or (d) agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled but for that section. (4) An enhanced redundancy payment is a payment the amount of which is, subject to sub-paragraphs (5) and (6), calculated in accordance with section 162(1) to (3) of the Employment Rights Act 1996. (5) A person making a calculation for the purposes of sub-paragraph (4)— (a) may treat a week's pay as not being subject to a maximum amount; (b) may treat a week's pay as being subject to a maximum amount above that for the time being specified in section 227(1) of the Employment Rights Act 1996; (c) may multiply the appropriate amount for each year of employment by a figure of more than one. (6) Having made a calculation for the purposes of sub-paragraph (4) (whether or not in reliance on sub-paragraph (5)), a person may multiply the amount calculated by a figure of more than one. (7) In sub-paragraph (5), “the appropriate amount” has the meaning given in section 162 of the Employment Rights Act 1996, and “a week's pay” is to be read with Chapter 2 of Part 14 of that Act. (8) For the purposes of sub-paragraphs (4) to (6), the reference to “the relevant date” in subsection (1)(a) of section 162 of that Act is, in the case of a person who is a qualifying employee by virtue of sub-paragraph (3)(b) or (d), to be read as reference to the date of the termination of the employment. Insurance etc. 14 (1) It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of an employee for a period ending when the employee attains whichever is the greater of— (a) the age of 65, and (b) the state pensionable age. (2) It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of only such employees as have not attained whichever is the greater of— (a) the age of 65, and (b) the state pensionable age. (3) Sub-paragraphs (1) and (2) apply only where the insurance or related financial service is, or is to be, provided to the employer's employees or a class of those employees— (a) in pursuance of an arrangement between the employer and another person, or (b) where the employer's business includes the provision of insurance or financial services of the description in question, by the employer. (4) The state pensionable age is the pensionable age determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995. Child care 15 (1) A person does not contravene a relevant provision, so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group. (2) The relevant provisions are— (a) section 39(2)(b); (b) section 41(1)(c); (c) section 44(2)(b); (d) section 45(2)(b); (e) section 47(2)(b); (f) section 48(2)(b); (g) section 49(6)(b); (h) section 50(6)(b); (i) section 57(2)(a); (j) section 58(3)(a). (3) Facilitating the provision of care for a child includes— (a) paying for some or all of the cost of the provision; (b) helping a parent of the child to find a suitable person to provide care for the child; (c) enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child. (4) A child is a person who has not attained the age of 17. (5) A reference to care includes a reference to supervision. Contributions to personal pension schemes 16 (1) A Minister of the Crown may by order provide that it is not an age contravention for an employer to maintain or use, with respect to contributions to personal pension schemes, practices, actions or decisions relating to age which are of a specified description. (2) An order authorising the use of practices, actions or decisions which are not in use before the order comes into force must not be made unless the Minister consults such persons as the Minister thinks appropriate. (3) “Personal pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993; and “employer”, in relation to a personal pension scheme, has the meaning given in section 318(1) of the Pensions Act 2004. Part 3 Other exceptions Non-contractual payments to women on maternity leave 17 (1) A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay. (2) The reference in sub-paragraph (1) to benefit from the terms of a woman's employment relating to pay does not include a reference to— (a) maternity-related pay (including maternity-related pay that is increase-related), (b) pay (including increase-related pay) in respect of times when she is not on maternity leave, or (c) pay by way of bonus in respect of times when she is on compulsory maternity leave. (3) For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave. (4) A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally. (5) “Pay” means benefits— (a) that consist of the payment of money to an employee by way of wages or salary, and (b) that are not benefits whose provision is regulated by the contract referred to in sub-paragraph (4). (6) “Maternity-related pay” means pay to which a woman is entitled— (a) as a result of being pregnant, or (b) in respect of times when she is on maternity leave. Benefits dependent on marital status, etc. 18 (1) A person does not contravene this Part of this Act, so far as relating to sexual orientation, by doing anything which prevents or restricts a person who is not within sub-paragraph (1A) from having access to a benefit, facility or service— (a) the right to which accrued before 5 December 2005 (the day on which section 1 of the Civil Partnership Act 2004 came into force), or (b) which is payable in respect of periods of service before that date. (1A) A person is within this sub-paragraph if the person is— (a) a man who is married to a woman, or (b) a woman who is married to a man, or (c) married to a person of the same sex in a relevant gender change case. (1B) The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where— (a) the married couple were of the opposite sex at the time of their marriage, and (b) a full gender recognition certificate has been issued to one of the couple under the Gender Recognition Act 2004. (1C) Sub-paragraph (1) does not apply in relation to access to a benefit payable under an occupational pension scheme to the surviving spouse or surviving civil partner of a deceased member or deceased pension credit member of the scheme. (2) A person does not contravene this Part of this Act, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service. Provision of services etc. to the public 19 (1) A does not contravene a provision mentioned in sub-paragraph (2) in relation to the provision of a benefit, facility or service to B if A is concerned with the provision (for payment or not) of a benefit, facility or service of the same description to the public. (2) The provisions are— (a) section 39(2) and (4); (b) section 41(1) and (3); (c) sections 44(2) and (6) and 45(2) and (6); (d) sections 49(6) and (8) and 50(6), (7), (9) and (10). (3) Sub-paragraph (1) does not apply if— (a) the provision by A to the public differs in a material respect from the provision by A to comparable persons, (b) the provision to B is regulated by B's terms, or (c) the benefit, facility or service relates to training. (4) “Comparable persons” means— (a) in relation to section 39(2) or (4), the other employees; (b) in relation to section 41(1) or (3), the other contract workers supplied to the principal; (c) in relation to section 44(2) or (6), the other partners of the firm; (d) in relation to section 45(2) or (6), the other members of the LLP; (e) in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons holding offices or posts not materially different from that held by B. (5) “B's terms” means— (a) the terms of B's employment, (b) the terms on which the principal allows B to do the contract work, (c) the terms on which B has the position as a partner or member, or (d) the terms of B's appointment to the office. (6) A reference to the public includes a reference to a section of the public which includes B. Insurance contracts, etc. 20 (1) It is not a contravention of this Part of this Act, 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 of risk if— (a) that 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 it. (2) “Relevant discrimination” is— (a) gender reassignment discrimination; (b) marriage and civil partnership discrimination; (c) pregnancy and maternity discrimination; (d) sex discrimination.

Propose a change

SCHEDULE 10 Accessibility for disabled pupils

Section 88 Accessibility strategies 1 (1) A local authority in England and Wales must, in relation to schools for which it is the responsible body, prepare— (a) an accessibility strategy; (b) further such strategies at such times as may be prescribed. (2) An accessibility strategy is a strategy for, over a prescribed period— (a) increasing the extent to which disabled pupils can participate in the schools' curriculums; (b) improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the schools; (c) improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled. (3) The delivery in sub-paragraph (2)(c) must be— (a) within a reasonable time; (b) in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents. (4) An accessibility strategy must be in writing. (5) A local authority must keep its accessibility strategy under review during the period to which it relates and, if necessary, revise it. (6) A local authority must implement its accessibility strategy. 2 (1) In preparing its accessibility strategy, a local authority must have regard to— (a) the need to allocate adequate resources for implementing the strategy; (b) guidance as to the matters mentioned in sub-paragraph (3). (2) The authority must also have regard to guidance as to compliance with paragraph 1(5). (3) The matters are— (a) the content of an accessibility strategy; (b) the form in which it is to be produced; (c) persons to be consulted in its preparation. (4) Guidance may be issued— (a) for England, by a Minister of the Crown; (b) for Wales, by the Welsh Ministers. (5) A local authority must, if asked, make a copy of its accessibility strategy available for inspection at such reasonable times as it decides. (6) A local authority in England must, if asked by a Minister of the Crown, give the Minister a copy of its accessibility strategy. (7) A local authority in Wales must, if asked by the Welsh Ministers, give them a copy of its accessibility strategy. Accessibility plans 3 (1) The responsible body of a school in England and Wales must prepare— (a) an accessibility plan; (b) further such plans at such times as may be prescribed. (2) An accessibility plan is a plan for, over a prescribed period— (a) increasing the extent to which disabled pupils can participate in the school's curriculum, (b) improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the school, and (c) improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled. (3) The delivery in sub-paragraph (2)(c) must be— (a) within a reasonable time; (b) in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents. (4) An accessibility plan must be in writing. (5) The responsible body must keep its accessibility plan under review during the period to which it relates and, if necessary, revise it. (6) The responsible body must implement its accessibility plan. (7) A relevant inspection may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan. (8) A relevant inspection is an inspection under— (a) Part 1 of the Education Act 2005, or (b) Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation and inspection of independent education provision in England). 4 (1) In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan. (2) The proprietor of an independent educational institution (other than an Academy) must, if asked, make a copy of the school's accessibility plan available for inspection at such reasonable times as the proprietor decides. (3) The proprietor of an independent educational institution in England (other than an Academy) must, if asked by a Minister of the Crown, give the Minister a copy of the school's accessibility plan. (4) The proprietor of an independent school in Wales (other than an Academy) must, if asked by the Welsh Ministers, give them a copy of the school's accessibility plan. Power of direction 5 (1) This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body— (a) has acted or is proposing to act unreasonably in the discharge of a duty under this Schedule, or (b) has failed to discharge such a duty. (2) This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body of a school specified in sub-paragraph (3)— (a) has acted or is proposing to act unreasonably in the discharge of a duty the body has in relation to the provision to the authority of copies of the body's accessibility plan or the inspection of that plan, or (b) has failed to discharge the duty. (3) The schools are— (a) schools approved under section 342 of the Education Act 1996 (non-maintained special schools); (b) Academy schools; (c) alternative provision Academies. (4) This sub-paragraph applies if a Tribunal has made an order under paragraph 5 of Schedule 17 and the appropriate authority is satisfied (whether or not on a complaint) that the responsible body concerned— (a) has acted or is proposing to act unreasonably in complying with the order, or (b) has failed to comply with the order. (5) If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a responsible body such directions as the authority thinks expedient as to— (a) the discharge by the body of the duty, or (b) compliance by the body with the order. (6) A direction may be given in relation to sub-paragraph (1) or (2) even if the performance of the duty is contingent on the opinion of the responsible body. (7) A direction may not, unless sub-paragraph (8) applies, be given to the responsible body of a school in England in respect of a matter— (a) that has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or (b) that the appropriate authority thinks could have been so complained about. (8) This sub-paragraph applies if— (a) the Local Commissioner has made a recommendation to the responsible body under section 211(4) of the Apprenticeships, Skills, Children and Learning Act 2009 (statement following investigation) in respect of the matter, and (b) the responsible body has not complied with the recommendation. (9) A direction— (a) may be varied or revoked by the appropriate authority; (b) may be enforced, on the application of the appropriate authority, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981. (10) The appropriate authority is— (a) in relation to the responsible body of a school in England, the Secretary of State; (b) in relation to the responsible body of a school in Wales, the Welsh Ministers. Supplementary 6 (1) This paragraph applies for the purposes of this Schedule. (2) Regulations may prescribe services which are, or are not, to be regarded as being— (a) education; (b) a benefit, facility or service. (3) The power to make regulations is exercisable by— (a) in relation to England, a Minister of the Crown; (b) in relation to Wales, the Welsh Ministers. (4) “Disabled pupil” includes a disabled person who may be admitted to the school as a pupil. (5) “Responsible body” means— (a) in relation to a maintained school or a maintained nursery school, the local authority or governing body; (b) in relation to a pupil referral unit, the local authority; (c) in relation to an independent educational institution or an alternative provision Academy that is not an independent educational institution, the proprietor; (d) in relation to a special school not maintained by a local authority, the proprietor. (6) “Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with regulations under section 19 of the Education Act 2002) which the school has as a result of that section. (7) “Maintained school” has the meaning given in section 20 of the School Standards and Framework Act 1998; and “maintained nursery school” has the meaning given in section 22 of that Act.

Propose a change

SCHEDULE 11 Schools: exceptions

Section 89 Part 1 Sex discrimination Admission to single-sex schools 1 (1) Section 85(1), so far as relating to sex, does not apply in relation to a single-sex school. (2) A single-sex school is a school which— (a) admits pupils of one sex only, or (b) on the basis of the assumption in sub-paragraph (3), would be taken to admit pupils of one sex only. (3) That assumption is that pupils of the opposite sex are to be disregarded if— (a) their admission to the school is exceptional, or (b) their numbers are comparatively small and their admission is confined to particular courses or classes. (4) In the case of a school which is a single-sex school by virtue of sub-paragraph (3)(b), section 85(2)(a) to (d), so far as relating to sex, does not prohibit confining pupils of the same sex to particular courses or classes. Single-sex boarding at schools 2 (1) Section 85(1), so far as relating to sex, does not apply in relation to admission as a boarder to a school to which this paragraph applies. (2) Section 85(2)(a) to (d), so far as relating to sex, does not apply in relation to boarding facilities at a school to which this paragraph applies. (3) This paragraph applies to a school (other than a single-sex school) which has some pupils as boarders and others as non-boarders and which— (a) admits as boarders pupils of one sex only, or (b) on the basis of the assumption in sub-paragraph (4), would be taken to admit as boarders pupils of one sex only. (4) That assumption is that pupils of the opposite sex admitted as boarders are to be disregarded if their numbers are small compared to the numbers of other pupils admitted as boarders. Single-sex schools turning co-educational 3 (1) If the responsible body of a single-sex school decides to alter its admissions arrangements so that the school will cease to be a single-sex school, the body may apply for a transitional exemption order in relation to the school. (2) If the responsible body of a school to which paragraph 2 applies decides to alter its admissions arrangements so that the school will cease to be one to which that paragraph applies, the body may apply for a transitional exemption order in relation to the school. (3) A transitional exemption order in relation to a school is an order which, during the period specified in the order as the transitional period, authorises— (a) sex discrimination by the responsible body of the school in the arrangements it makes for deciding who is offered admission as a pupil; (b) the responsible body, in the circumstances specified in the order, not to admit a person as a pupil because of the person's sex. (4) Paragraph 4 applies in relation to the making of transitional exemption orders. (5) The responsible body of a school does not contravene this Act, so far as relating to sex discrimination, if— (a) in accordance with a transitional exemption order, or (b) pending the determination of an application for a transitional exemption order in relation to the school, it does not admit a person as a pupil because of the person's sex. 4 (1) In the case of a maintained school within the meaning given by section 32 of the Education and Inspections Act 2006, a transitional exemption order may be made in accordance with such provision as is made in regulations under section 21 of that Act (orders made by local authority or adjudicator in relation to schools in England). (2) In the case of a school in Wales maintained by a local authority, a transitional exemption order may be made in accordance with section 82 of, or Part 3 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013 (orders made by Welsh Ministers). (3) In the case of a school in Scotland managed by an education authority or in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980— (a) the responsible body may submit to the Scottish Ministers an application for the making of a transitional exemption order, and (b) the Scottish Ministers may make the order. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where proposals are made to the Welsh Ministers under section 113A of the Learning and Skills Act 2000 for an alteration in the admissions arrangements of a single-sex school or a school to which paragraph 2 applies— (a) the making of the proposals is to be treated as an application to the Welsh Ministers for the making of a transitional exemption order, and (b) the Welsh Ministers may make the order. (6) In the case of a school in England or Wales not coming within sub-paragraph (1), (2), (4) or (5) or an independent school in Scotland— (a) the responsible body may submit to the Commission an application for the making of a transitional exemption order, and (b) the Commission may make the order. (7) An application under sub-paragraph (6) must specify— (a) the period proposed by the responsible body as the transitional period to be specified in the order, (b) the stages within that period by which the body proposes to move to the position where section 85(1)(a) and (c), so far as relating to sex, is complied with, and (c) any other matters relevant to the terms and operation of the order applied for. (8) The Commission must not make an order on an application under sub-paragraph (6) unless satisfied that the terms of the application are reasonable, having regard to— (a) the nature of the school's premises, (b) the accommodation, equipment and facilities available, and (c) the responsible body's financial resources. Part 2 Religious or belief-related discrimination School with religious character etc. 5 Section 85(1) and (2)(a) to (d), so far as relating to religion or belief, does not apply in relation to— (a) a school designated under section 68A or 69(3) of the School Standards and Framework Act 1998 (foundation or voluntary school with religious character); (b) a school (other than an alternative provision Academy) listed in the register of independent schools for England or for Wales, if the school's entry in the register records that the school has a religious ethos; (c) a school transferred to an education authority under section 16 of the Education (Scotland) Act 1980 (transfer of certain schools to education authorities) which is conducted in the interest of a church or denominational body; (d) a school provided by an education authority under section 17(2) of that Act (denominational schools); (e) a grant-aided school (within the meaning of that Act) which is conducted in the interest of a church or denominational body; (f) a school registered in the register of independent schools for Scotland if the school admits only pupils who belong, or whose parents belong, to one or more particular denominations; (g) a school registered in that register if the school is conducted in the interest of a church or denominational body. Curriculum, worship, etc. 6 Section 85(2)(a) to (d), so far as relating to religion or belief, does not apply in relation to anything done in connection with acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum). Power to amend 7 (1) A Minister of the Crown may by order amend this Part of this Schedule— (a) so as to add, vary or omit an exception to section 85; (b) so as to make provision about the construction or application of section 19(2)(d) in relation to section 85. (2) The power under sub-paragraph (1) is exercisable only in relation to religious or belief-related discrimination. (3) Before making an order under this paragraph the Minister must consult— (a) the Welsh Ministers, (b) the Scottish Ministers, and (c) such other persons as the Minister thinks appropriate. Part 3 Disability discrimination Permitted form of selection 8 (1) A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection. (2) In relation to England and Wales, a permitted form of selection is— (a) in the case of a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, a form of selection mentioned in section 99(2) or (4) of that Act; (b) in the case of a maintained school which is so designated, its selective admission arrangements (within the meaning of section 104 of that Act); (c) in the case of an independent educational institution, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude. (3) In relation to Scotland, a permitted form of selection is— (a) in the case of a school managed by an education authority, arrangements approved by the Scottish Ministers for the selection of pupils for admission; (b) in the case of an independent school, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude. (4) “Maintained school” has the meaning given in section 22 of the School Standards and Framework Act 1998.

Propose a change

SCHEDULE 12 Further and higher education exceptions

Section 94 Part 1 Single-sex institutions, etc. Admission to single-sex institutions 1 (1) Section 91(1), so far as relating to sex, does not apply in relation to a single-sex institution. (2) A single-sex institution is an institution to which section 91 applies, which— (a) admits students of one sex only, or (b) on the basis of the assumption in sub-paragraph (3), would be taken to admit students of one sex only. (3) That assumption is that students of the opposite sex are to be disregarded if— (a) their admission to the institution is exceptional, or (b) their numbers are comparatively small and their admission is confined to particular courses or classes. (4) In the case of an institution which is a single-sex institution by virtue of sub-paragraph (3)(b), section 91(2)(a) to (d), so far as relating to sex, does not prohibit confining students of the same sex to particular courses or classes. Single-sex institutions turning co-educational 2 (1) If the responsible body of a single-sex institution decides to alter its admissions arrangements so that the institution will cease to be a single-sex institution, the body may apply for a transitional exemption order in relation to the institution. (2) A transitional exemption order relating to an institution is an order which, during the period specified in the order as the transitional period, authorises— (a) sex discrimination by the responsible body of the institution in the arrangements it makes for deciding who is offered admission as a student; (b) the responsible body, in the circumstances specified in the order, not to admit a person as a student because of the person's sex. (3) Paragraph 3 applies in relation to the making of a transitional exemption order. (4) The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if — (a) in accordance with a transitional exemption order, or (b) pending the determination of an application for a transitional exemption order in relation to the institution, it does not admit a person as a student because of the person's sex. (5) The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if — (a) in accordance with a transitional exemption order, or (b) pending the determination of an application for a transitional exemption order in relation to the institution, it discriminates in the arrangements it makes for deciding who is offered admission as a student. 3 (1) In the case of a single-sex institution— (a) its responsible body may submit to the Commission an application for the making of a transitional exemption order, and (b) the Commission may make the order. (2) An application under sub-paragraph (1) must specify— (a) the period proposed by the responsible body as the transitional period to be specified in the order, (b) the stages, within that period, by which the body proposes to move to the position where section 91(1)(a) and (c), so far as relating to sex, is complied with, and (c) any other matters relevant to the terms and operation of the order applied for. (3) The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to— (a) the nature of the institution's premises, (b) the accommodation, equipment and facilities available, and (c) the responsible body's financial resources. Part 2 Other exceptions Occupational requirements 4 A person (P) does not contravene section 91(1) or (2) if P shows that P's treatment of another person relates only to training that would help fit that other person for work the offer of which the other person could be refused in reliance on Part 1 of Schedule 9. Institutions with a religious ethos 5 (1) The responsible body of an institution which is designated for the purposes of this paragraph does not contravene section 91(1), so far as relating to religion or belief, if, in the admission of students to a course at the institution— (a) it gives preference to persons of a particular religion or belief, (b) it does so to preserve the institution's religious ethos, and (c) the course is not a course of vocational training. (2) A Minister of the Crown may by order designate an institution if satisfied that the institution has a religious ethos. Benefits dependent on marital status, etc. 6 A person does not contravene section 91, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service. Child care 7 (1) A person does not contravene section 91(2)(b) or (d), so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group. (2) Facilitating the provision of care for a child includes— (a) paying for some or all of the cost of the provision; (b) helping a parent of the child to find a suitable person to provide care for the child; (c) enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child. (3) A child is a person who has not attained the age of 17. (4) A reference to care includes a reference to supervision.

Propose a change

SCHEDULE 13 Education: reasonable adjustments

Section 98 Preliminary 1 This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part. The duty for schools 2 (1) This paragraph applies where A is the responsible body of a school to which section 85 applies. (2) A must comply with the first and third requirements. (3) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(3) or (5) to a disabled person is— (i) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; (ii) in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled pupils generally. (4) In relation to each requirement, the relevant matters are— (a) deciding who is offered admission as a pupil; (b) provision of education or access to a benefit, facility or service. The duty for further or higher education institutions 3 (1) This paragraph applies where A is the responsible body of an institution to which section 91 applies. (2) A must comply with the first, second and third requirements. (3) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; (c) the reference in section 20(3), (4) or (5) to a disabled person is— (i) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; (ii) in relation to a relevant matter within sub-paragraph (4)(b) or (c), a reference to disabled students generally; (iii) in relation to a relevant matter within sub-paragraph (4)(d) or (e) below, a reference to an interested disabled person. (4) In relation to each requirement, the relevant matters are— (a) deciding who is offered admission as a student; (b) provision of education; (c) access to a benefit, facility or service; (d) deciding on whom a qualification is conferred; (e) a qualification that A confers. 4 (1) An interested disabled person is a disabled person who, in relation to a relevant matter specified in the first column of the table, is of a description specified in the second column. Case | Description of disabled person Deciding upon whom to confer a qualification. | A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification. A qualification that A confers. | An applicant for the conferment by A of the qualification. A person on whom A confers the qualification. (2) A provision, criterion or practice does not include the application of a competence standard. (3) A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability. The duty relating to certain other further or higher education courses 5 (1) This paragraph applies where A is the responsible body in relation to a course to which section 92 applies. (2) A must comply with the first, second and third requirements; but if A is the governing body of a maintained school (within the meaning given by that section), A is not required to comply with the second requirement. (3) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; (c) the reference in section 20(3), (4) or (5) to a disabled person is— (i) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; (ii) in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled persons generally who are enrolled on the course. (4) In relation to each requirement, the relevant matters are— (a) arrangements for enrolling persons on a course of further or higher education secured by A; (b) services provided by A for persons enrolled on the course. The duty relating to recreational or training facilities 6 (1) This paragraph applies where A is the responsible body in relation to facilities to which section 93 applies. (2) A must comply with the first, second and third requirements. (3) For the purposes of this paragraph— (a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; (b) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; (c) the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons generally. (4) In relation to each requirement, the relevant matter is A's arrangements for providing the recreational or training facilities. Code of practice 7 In deciding whether it is reasonable for A to have to take a step for the purpose of complying with the first, second or third requirement, A must have regard to relevant provisions of a code of practice issued under section 14 of the Equality Act 2006. Confidentiality requests 8 (1) This paragraph applies if a person has made a confidentiality request of which A is aware. (2) In deciding whether it is reasonable for A to have to take a step in relation to that person so as to comply with the first, second or third requirement, A must have regard to the extent to which taking the step is consistent with the request. (3) In a case within paragraph 2, a “confidentiality request” is a request— (a) that the nature or existence of a disabled person's disability be treated as confidential, and (b) which satisfies either of the following conditions. (4) The first condition is that the request is made by the person's parent. (5) The second condition is that— (a) it is made by the person, and (b) A reasonably believes that the person has sufficient understanding of the nature and effect of the request. (6) In a case within paragraph 3, a “confidentiality request” is a request by a disabled person that the nature or existence of the person's disability be treated as confidential. The duty for general qualifications bodies 9 (1) This paragraph applies where A is a qualifications body for the purposes of section 96. (2) Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a qualifications body as they apply to a responsible body. (3) This paragraph is subject to section 96(7).

Propose a change

SCHEDULE 14 Educational charities and endowments

Section 99 Educational charities 1 (1) This paragraph applies to a trust deed or other instrument— (a) which concerns property applicable for or in connection with the provision of education in an establishment in England and Wales to which section 85 or 91 applies, and (b) which in any way restricts the benefits available under the instrument to persons of one sex. (2) Sub-paragraph (3) applies if, on the application of the trustees or the responsible body (within the meaning of that section), a Minister of the Crown is satisfied that the removal or modification of the restriction would be conducive to the advancement of education without sex discrimination. (3) The Minister may by order make such modifications of the instrument as appear to the Minister expedient for removing or modifying the restriction. (4) If the trust was created by a gift or bequest, an order must not be made until the end of the period of 25 years after the date when the gift or bequest took effect. (5) Sub-paragraph (4) does not apply if the donor or the personal representatives of the donor or testator consent in writing to making the application for the order. (6) The Minister must require the applicant to publish a notice— (a) containing particulars of the proposed order; (b) stating that representations may be made to the Minister within a period specified in the notice. (7) The period must be not less than one month beginning with the day after the date of the notice. (8) The applicant must publish the notice in the manner specified by the Minister. (9) The cost of publication may be paid out of the property of the trust. (10) Before making the order, the Minister must take account of representations made in accordance with the notice. Educational endowments 2 (1) This paragraph applies to an educational endowment— (a) to which section 104 of the Education (Scotland) Act 1980 applies, and (b) which in any way restricts the benefit of the endowment to persons of one sex. (2) Sub-paragraph (3) applies if, on the application of the governing body of an educational endowment, the Scottish Ministers are satisfied that the removal or modification of the provision which restricts the benefit of the endowment to persons of one sex would be conducive to the advancement of education without sex discrimination. (3) The Scottish Ministers may by order make such provision as they think expedient for removing or modifying the restriction. (4) If the Scottish Ministers propose to make such an order they must publish a notice in such manner as they think sufficient for giving information to persons they think may be interested in the endowment— (a) containing particulars of the proposed order; (b) stating that representations may be made with respect to the proposal within such period as is specified in the notice. (5) The period must be not less than one month beginning with the day after the date of publication of the notice. (6) The cost of publication is to be paid out of the funds of the endowment to which the notice relates. (7) Before making an order, the Scottish Ministers— (a) must consider representations made in accordance with the notice; (b) may cause a local inquiry to be held into the representations under section 67 of the Education (Scotland) Act 1980. (8) A reference to an educational endowment includes a reference to— (a) a scheme made or approved for the endowment under Part 6 of the Education (Scotland) Act 1980; (b) in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for the endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10); (c) an endowment which is, by virtue of section 108(1) of the Education (Scotland) Act 1980, treated as if it were an educational endowment (or which would, but for the disapplication of that section by section 122(4) of that Act, be so treated); (d) a university endowment, the Carnegie Trust, a theological endowment and a new endowment. (9) Expressions used in this paragraph and in Part 6 of the Education (Scotland) Act 1980 have the same meaning in this paragraph as in that Part.

Propose a change

← Find another law