3(1)A person does not contravene this Act, so far as relating to sex discrimination or gender reassignment discrimination, only because of anything done in relation to—E+W+S
(a)the admission of persons to communal accommodation;
(b)the provision of a benefit, facility or service linked to the accommodation.
(2)Sub-paragraph (1)(a) does not apply unless the accommodation is managed in a way which is as fair as possible to both men and women.
(3)In applying sub-paragraph (1)(a), account must be taken of—
(a)whether and how far it is reasonable to expect that the accommodation should be altered or extended or that further accommodation should be provided, and
(b)the frequency of the demand or need for use of the accommodation by persons of one sex as compared with those of the other.
(4)In applying sub-paragraph (1)(a) in relation to gender reassignment, account must also be taken of whether and how far the conduct in question is a proportionate means of achieving a legitimate aim.
(5)Communal accommodation is residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy should be used only by persons of the same sex.
(6)Communal accommodation may include—
(a)shared sleeping accommodation for men and for women;
(b)ordinary sleeping accommodation;
(c)residential accommodation all or part of which should be used only by persons of the same sex because of the nature of the sanitary facilities serving the accommodation.
(7)A benefit, facility or service is linked to communal accommodation if—
(a)it cannot properly and effectively be provided except for those using the accommodation, and
(b)a person could be refused use of the accommodation in reliance on sub-paragraph (1)(a).
(8)This paragraph does not apply for the purposes of Part 5 (work) unless such arrangements as are reasonably practicable are made to compensate for—
(a)in a case where sub-paragraph (1)(a) applies, the refusal of use of the accommodation;
(b)in a case where sub-paragraph (1)(b) applies, the refusal of provision of the benefit, facility or service.
Commencement Information
I1Sch. 23 para. 3 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g)