Legalize / United Kingdom / Public General Act

Equality Act 2010

Type Public General Act

Publication 2010-04-08

Last updated 2026-08-14

State In force

Department Statute Law Database

Source legislation.gov.uk

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(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;

(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;

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

(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;

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;

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;

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.

SCHEDULE 2 — Services and public functions: reasonable adjustments

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;

(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

(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.

SCHEDULE 3 — Services and public functions: exceptions

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;

(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;

(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;

(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;

(d) sex discrimination.

Security services, etc.

5

Section 29 does not apply to—

(a) the Security Service;

(b) the Secret Intelligence Service;

(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,

(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,

(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,

(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;

(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

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;

(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

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

(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;

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,

(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.

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).

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;

(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.

SCHEDULE 4 — Premises: reasonable adjustments

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;

(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.

The duty in relation to common parts

5

(1) This paragraph applies where A is a responsible person in relation to common parts.

(2) A must comply with the second requirement.

(3) For the purposes of this paragraph, the reference in section 20(4) to a physical feature is a reference to a physical feature of the common parts.

(4) For those purposes, the reference in section 20(4) to a disabled person is a reference to a disabled person who—

(a) is a tenant of the premises,

(b) is a unit-holder, or

and uses or intends to use the premises as the person's only or main home.

(5) In relation to the second requirement, the relevant matter is the use of the common parts.

(6) Sub-paragraph (2) applies only if—

(a) A receives a request by or on behalf of a disabled person within sub-paragraph (4) for A to take steps to avoid the disadvantage, and

(b) the steps requested are likely to avoid or reduce the disadvantage.

Consultation on adjustments relating to common parts

6

(1) In deciding whether it is reasonable to take a step for the purposes of paragraph 5, A must consult all persons A thinks would be affected by the step.

(2) The consultation must be carried out within a reasonable period of the request being made.

(3) A is not required to have regard to a view expressed against taking a step in so far as A reasonably believes that the view is expressed because of the disabled person's disability.

(4) Nothing in this paragraph affects anything a commonhold association is required to do pursuant to Part 1 of the Commonhold and Leasehold Reform Act 2002.

Agreement on adjustments relating to common parts

7

(1) If A decides that it is reasonable to take a step for the purposes of paragraph 5, A and the disabled person must agree in writing the rights and responsibilities of each of them in relation to the step.

(2) An agreement under this paragraph must, in particular, make provision as to the responsibilities of the parties in relation to—

(a) the costs of any work to be undertaken;

(b) other costs arising from the work;

(c) the restoration of the common parts to their former condition if the relevant disabled person stops living in the premises.

(3) It is always reasonable before the agreement is made for A to insist that the agreement should require the disabled person to pay—

(a) the costs referred to in paragraphs (a) and (b) of sub-paragraph (2), and

(b) the costs of the restoration referred to in paragraph (c) of that sub-paragraph.

(4) If an agreement under this paragraph is made, A's obligations under the agreement become part of A's interest in the common parts and pass on subsequent disposals accordingly.

(5) Regulations may require a party to an agreement under this paragraph to provide, in prescribed circumstances, prescribed information about the agreement to persons of a prescribed description.

(6) The regulations may require the information to be provided in a prescribed form.

(7) Regulations may make provision as to circumstances in which an agreement under this paragraph is to cease to have effect, in so far as the agreement does not itself make provision for termination.

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.

SCHEDULE 5 — Premises: exceptions

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, orassisting in the disposal of premises;

“owner-occupier” means a person who—owns an estate or interest in premises, andoccupies 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,

(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.

SCHEDULE 6 — Office-holders: excluded offices

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);

(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—

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