SCHEDULES
SCHEDULE 23General exceptions
Organisations relating to religion or belief
I12
1
This paragraph applies to an organisation the purpose of which is—
a
to practise a religion or belief,
b
to advance a religion or belief,
c
to teach the practice or principles of a religion or belief,
d
to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or
e
to foster or maintain good relations between persons of different religions or beliefs.
2
This paragraph does not apply to an organisation whose sole or main purpose is commercial.
3
The organisation does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—
a
membership of the organisation;
b
participation in activities undertaken by the organisation or on its behalf or under its auspices;
c
the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices;
d
the use or disposal of premises owned or controlled by the organisation.
4
A person does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by doing anything mentioned in sub-paragraph (3) on behalf of or under the auspices of the organisation.
5
A minister does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—
a
participation in activities carried on in the performance of the minister's functions in connection with or in respect of the organisation;
b
the provision of goods, facilities or services in the course of activities carried on in the performance of the minister's functions in connection with or in respect of the organisation.
6
Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief only if it is imposed—
a
because of the purpose of the organisation, or
b
to avoid causing offence, on grounds of the religion or belief to which the organisation relates, to persons of that religion or belief.
7
Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation only if it is imposed—
a
because it is necessary to comply with the doctrine of the organisation, or
b
to avoid conflict with strongly held convictions within sub-paragraph (9).
8
In sub-paragraph (5), the reference to a minister is a reference to a minister of religion, or other person, who—
a
performs functions in connection with a religion or belief to which the organisation relates, and
b
holds an office or appointment in, or is accredited, approved or recognised for the purposes of the organisation.
9
The strongly held convictions are—
a
in the case of a religion, the strongly held religious convictions of a significant number of the religion's followers;
b
in the case of a belief, the strongly held convictions relating to the belief of a significant number of the belief's followers.
10
This paragraph does not permit anything which is prohibited by section 29, so far as relating to sexual orientation, if it is done—
a
on behalf of a public authority, and
b
under the terms of a contract between the organisation and the public authority.
11
In the application of this paragraph in relation to sexual orientation, sub-paragraph (1)(e) must be ignored.
12
In the application of this paragraph in relation to sexual orientation, in sub-paragraph (3)(d), “disposal” does not include disposal of an interest in premises by way of sale if the interest being disposed of is—
a
the entirety of the organisation's interest in the premises, or
b
the entirety of the interest in respect of which the organisation has power of disposal.
13
In this paragraph—
a
“disposal” is to be construed in accordance with section 38;
b
“public authority” has the meaning given in section 150(1).