PART IVDISCRIMINATION IN OTHER FIELDS

Goods, facilities, services and premises

Further exceptions from Articles 30(1) and 3136

1

A person who provides at any place facilities or services restricted to men does not for that reason contravene Article 30(1) if—

a

the place is, or is part of, a hospital or other establishment for persons requiring special supervision, attention or care, 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 Article 30(1) if the facilities or services 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

Articles 30(1) and 31 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 III

Articles 8(3), 10(1)( b), 18(4), 21 and 22.

Schedule 5 paragraphs 1 and 2.

Article 24 or 25

F1Articles 27 and 28.

Schedule 5 paragraph 4.