Sex Discrimination Act 1975 (repealed) (c. 65)

Part III E+W+S Discrimination in Other Fields

Modifications etc. (not altering text)

C1 Pt. III (ss. 22–36) excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(b), 5(1)(7)

C2 Pt. III (ss. 22–36) excluded by S.I. 1989/2420, art. 3

C3 Pt. 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

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

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	[F3 Sections 26 and 27]
	Schedule 4 paragraph 4.

Textual Amendments

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

F3 Words in s. 35 substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 23(1)(b)