Part 3Services and public functions

Supplementary

30Ships and hovercraft

(1)

This Part (subject to subsection (2)) applies only in such circumstances as are prescribed in relation to—

(a)

transporting people by ship or hovercraft;

(b)

a service provided on a ship or hovercraft.

(2)

Section 29(6) applies in relation to the matters referred to in paragraphs (a) and (b) of subsection (1); but in so far as it relates to disability discrimination, section 29(6) applies to those matters only in such circumstances as are prescribed.

(3)

It does not matter whether the ship or hovercraft is within or outside the United Kingdom.

(4)

Ship” has the same meaning as in the Merchant Shipping Act 1995.

(5)

Hovercraft” has the same meaning as in the Hovercraft Act 1968.

(6)

Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

31Interpretation and exceptions

(1)

This section applies for the purposes of this Part.

(2)

A reference to the provision of a service includes a reference to the provision of goods or facilities.

(3)

A reference to the provision of a service includes a reference to the provision of a service in the exercise of a public function.

(4)

A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

(5)

Where an employer arranges for another person to provide a service only to the employer's employees—

(a)

the employer is not to be regarded as the service-provider, but

(b)

the employees are to be regarded as a section of the public.

(6)

A reference to a person requiring a service includes a reference to a person who is seeking to obtain or use the service.

(7)

A reference to a service-provider not providing a person with a service includes a reference to—

(a)

the service-provider not providing the person with a service of the quality that the service-provider usually provides to the public (or the section of it which includes the person), or

(b)

the service-provider not providing the person with the service in the manner in which, or on the terms on which, the service-provider usually provides the service to the public (or the section of it which includes the person).

(8)

In relation to the provision of a service by either House of Parliament, the service-provider is the Corporate Officer of the House concerned; and if the service involves access to, or use of, a place in the Palace of Westminster which members of the public are allowed to enter, both Corporate Officers are jointly the service-provider.

(9)

Schedule 2 (reasonable adjustments) has effect.

(10)

Schedule 3 (exceptions) has effect.