xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. III (ss. 22–36) excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(b), 5(1)(7)
C2Pt. III (ss. 22–36) excluded by S.I. 1989/2420, art. 3
C3Pt. III (ss. 22-36) applied (1.10.1998) by 1998 c. 31, s. 25, Sch. 5 para. 6(a) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
Pt. III (ss. 22-36) applied (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para. 8(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
(1)A person who provides at any place facilities or services restricted to men does not for that reason contravene section 29(1) if [F1any of the conditions in subsections (1A) to (1C) is satisfied.]F2. . .
[F3(1A)The condition is that the place is, or is part of—
(a)a hospital, or
(b)any other establishment for persons requiring special care, supervision or attention.
(1B)The condition is that the place is (permanently or for the time being) occupied or used for the purposes of an organised religion, and the facilities or services are restricted to men so as to comply with the doctrines of that religion or avoid offending the religious susceptibilities of a significant number of its followers.
(1C)The condition is that the facilities or services are provided for, or are likely to be used by, two or more persons at the same time, and—
(a)the facilities or services are such, or those persons are such, that male users are likely to suffer serious embarrassment at the presence of a woman, or
(b)the facilities or services are such that a user is likely to be in a state of undress and a male user might reasonably object to the presence of a female user.]
(2)A person who provides facilities or services restricted to men does not for that reason contravene section 29(1) if the services or facilities are such that physical contact between the user and any other person is likely, and that other person might reasonably object if the user were a woman.
[F4(2A)In their application to discrimination falling within section 2A, subsections (1A), (1C) and (2) shall apply to the extent that any such discrimination is a proportionate means of achieving a legitimate aim.]
(3)Sections 29(1) and 30 do not apply—
(a)to discrimination [F5or harassment] which is rendered unlawful by any provision in column 1 of the table below, or
(b)to discrimination [F5or harassment] which would be so unlawful but for any provision in column 2 of that table, or
(c)to discrimination [F5or harassment] which contravenes a term modified or included by virtue of an equality clause.
Provision creating illegality | Exception |
---|---|
Part II | Sections 6(3), 7(1)(b), 15(4), 19 and 20. |
Schedule 4 paragraphs 1 and 2. | |
Section 22 or 23 | [F6Sections 26 and 27] |
Schedule 4 paragraph 4. |
Textual Amendments
F1Words in s. 35(1) inserted (6.4.2008) by The Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), reg. 2(1), Sch. 1 para. 8(a)
F2S. 35(1)(a)-(c) omitted (6.4.2008) by virtue of The Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), reg. 2(1), Sch. 1 para. 8(a)
F3S. 35(1A)-(1C) inserted (6.4.2008) by The Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), reg. 2(1), Sch. 1 para. 8(b)
F4S. 35(2A) inserted (6.4.2008) by The Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), reg. 2(1), Sch. 1 para. 8(c)
F5Words in s. 35(3) inserted (6.4.2008) by The Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), reg. 2(1), Sch. 1 para. 8(d)
F6Words in s. 35 substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 23(1)(b)