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PART IVN.I.DISCRIMINATION IN OTHER FIELDS

Goods, facilities, services and premisesN.I.

Further exceptions from Articles 30(1) and 31N.I.

36.—[F1(1) A person who provides at any place facilities or services restricted to men does not for that reason contravene Article 30(1) if any of the conditions in paragraphs (1A) to (1C) is satisfied.]

[F2(1A) The condition is that the place is, or is part of—

(a)a hospital, or

(b)any other establishment for persons requiring special supervision, attention or care.

[F3(1B) The condition is that –

(a)the place is (permanently or for the time being) occupied or used for the purposes of an organised religion;

(b)the facilities or services are not normally provided on a commercial basis; and

(c)the facilities or services are restricted to men so as to comply with the doctrines of the religion in sub-paragraph (a) 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 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.

[F4(2A) In their application to discrimination falling within Article 4A, paragraphs (1A), (1C) and (2) shall apply to the extent that any such discrimination is a proportionate means of achieving a legitimate aim.]

(3) Articles 30(1) and 31 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.

TABLE
Provision creating illegalityException
Part IIIArticles 8(3), 10(1)( b), 18(4), 21 and 22.
Schedule 5 paragraphs 1 and 2.
Article 24 or 25[F6Articles 27 and 28].
Schedule 5 paragraph 4.

F6SR 2005/426