Sex Discrimination Act 1975 (repealed)

Goods, facilities, services and premisesF1 E+W+S

Textual Amendments

F1 Ss. 35A, 35B inserted by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 64(1), 65(1), Sch. 19 para. 1

29 Discrimination in provision of goods, facilities or services. E+W+S

(1) It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a woman who seeks to obtain or use those goods, facilities or services—

(a) by refusing or deliberately omitting to provide her with any of them, or

(b) by refusing or deliberately omitting to provide her with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in his case in relation to male members of the public or (where she belongs to a section of the public) to male members of that section.

(2) The following are examples of the facilities and services mentioned in subsection (1)—

(a) access to and use of any place which members of the public or a section of the public are permitted to enter;

(b) accommodation in a hotel, boarding house or other similar establishment;

(c) facilities by way of banking or insurance or for grants, loans, credit or finance;

(d) facilities for education;

(e) facilities for entertainment, recreation or refreshment;

(f) facilities for transport or travel;

(g) the services of any profession or trade, or any local or other public authority.

(3) For the avoidance of doubt it is hereby declared that where a particular skill is commonly exercised in a different way for men and for women it does not contravene subsection (1) for a person who does not normally exercise it for women to insist on exercising it for a woman only in accordance with his normal practice or, if he reasonably considers it impracticable to do that in her case, to refuse or deliberately omit to exercise it.

30 Discrimination in disposal or management of premises. E+W+S

(1) It is unlawful for a person, in relation to premises in Great Britain of which he has power to dispose, to discriminate against a woman—

(a) in the terms on which he offers her those premises, or

(b) by refusing her application for those premises, or

(c) in his treatment of her in relation to any list of persons in need of premises of that description.

(2) It is unlawful for a person, in relation to premises managed by him, to discriminate against a woman occupying the premises—

(a) in the way he affords her access to any benefits or facilities, or by refusing or deliberately omitting to afford her access to them, or

(b) by evicting her, or subjecting her to any other detriment.

(3) Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless he uses the services of an estate agent for the purposes of the disposal of the premises, or publishes or causes to be published an advertisement in connection with the disposal.

31 Discrimination: consent for assignment or sub-letting. E+W+S

(1) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Great Britain comprised in a tenancy, it is unlawful for the landlord or other person to discriminate against a woman by withholding the licence or consent for disposal of the premises to her.

(2) Subsection (1) does not apply if—

(a) the person withholding a licence or consent, or a near relative of his (“the relevant occupier”) resides, and intends to continue to reside, on the premises, and

(b) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and

(c) the premises are small premises as defined in section 32(2).

(3) In this section “tenancy” means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any enactment; and “disposal”, in relation to premises comprised in a tenancy, includes assignment or assignation of the tenancy and sub-letting or parting with possession of the premises or any part of the premises.

(4) This section applies to tenancies created before the passing of this Act, as well as to others.

32 Exception for small dwellings. E+W+S

(1) Sections 29(1) and 30 do not apply to the provision by a person of accommodation in any premises, or the disposal of premises by him, if—

(a) that person or a near relative of his (“the relevant occupier”) resides, and intends to continue to reside, on the premises, and

(b) there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and

(c) the premises are small premises.

(2) Premises shall be treated for the purposes of subsection (1) as small premises if—

(a) in the case of premises comprising residential accommodation for one or more households (under separate letting or similar agreements) in addition to the accommodation occupied by the relevant occupier, there is not normally residential accommodation for more than two such households and only the relevant occupier and any member of his household reside in the accommodation occupied by him;

(b) in the case of premises not falling within paragraph (a), there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

33 Exception for political parties. E+W+S

(1) This section applies to a political party if—

(a) it has as its main object, or one of its main objects, the promotion of parliamentary candidatures for the Parliament of the United Kingdom, or

(b) it is an affiliate of, or has as an affiliate, or has similar formal links with, a political party within paragraph (a).

(2) Nothing in section 29(1) shall be construed as affecting any special provision for persons of one sex only in the constitution, organisation or administration of the political party.

(3) Nothing in section 29(1) shall render unlawful an act done in order to give effect to such a special provision.

34 Exception for voluntary bodies. E+W+S

(1) This section applies to a body—

(a) the activities of which are carried on otherwise than for profit, and

(b) which was not set up by any enactment.

(2) Sections 29(1) and 30 shall not be construed as rendering unlawful—

(a) the restriction of membership of any such body to persons of one sex (disregarding any minor exceptions), or

(b) the provision of benefits, facilities or services to members of any such body where the membership is so restricted,

even though membership of the body is open to the public, or to a section of the public.

(3) Nothing in section 29 or 30 shall—

(a) be construed as affecting a provision to which this subsection applies, or

(b) render unlawful an act which is done in order to give effect to such a provision.

(4) Subsection (3) applies to a provision for conferring benefits on persons of one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which constitutes the main object of a body within subsection (1).

35 Further exceptions from ss. 29(1) and 30. E+W+S

(1) A person who provides at any place facilities or services restricted to men does not for that reason contravene section 29(1) if—

(a) the place is, or is part of, a hospital, [F2 resettlement unit provided under Schedule 5 to the Supplementary Benefits Act 1976]or other establishment for persons requiring special care, supervision or attention, or

(b) 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, or

(c) the facilities or services are provided for, or are likely to be used by, two or more persons at the same time, and

(i) 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

(ii) 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.

(3) Sections 29(1) and 30 do not apply—

(a) to discrimination which is rendered unlawful by any provision in column 1 of the table below, or

(b) to discrimination which would be so unlawful but for any provision in column 2 of that table, or

(c) to discrimination which contravenes a term modified or included by virtue of an equality clause.

TABLE

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	Sections 26, 27 and 28.
	Schedule 4 paragraph 4.

Textual Amendments

F2 Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 11

Yn ddilys o 06/04/2008

[F3 35ZA Excluded matters E+W+S

Each of the following is an excluded matter for the purposes of sections 29 to 31–

(a) education (including vocational training);

(b) the content of media and advertisements;

(c) the provision of goods, facilities or services (not normally provided on a commercial basis) at a place (permanently or for the time being) occupied or used for the purposes of an organised religion.]

Textual Amendments

F3 S. 35ZA inserted (6.4.2008) by The Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), reg. 2(1), Sch. 1 para. 9(1)