SCHEDULES
SCHEDULE 3Services and public functions: exceptions
Part 4Immigration
Nationality and ethnic or national origins
I117
1
This paragraph applies in relation to race discrimination so far as relating to—
a
nationality, or
b
ethnic or national origins.
2
Section 29 does not apply to anything done by a relevant person in the exercise of F3relevant functions.
3
A relevant person is—
a
a Minister of the Crown acting personally, or
b
a person acting in accordance with a relevant authorisation.
4
A relevant authorisation is a requirement imposed or express authorisation given—
a
with respect to a particular case or class of case, by a Minister of the Crown acting personally;
b
with respect to a particular class of case, F1by or under anything mentioned in sub-paragraph (5)(a) to (c).
5
F4“Relevant functions” means functions exercisable by virtue of —
a
the Immigration Acts,
b
the Special Immigration Appeals Commission Act 1997, F6or
c
F5anything which forms part of F7assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and F8(in either case) relates to immigration or asylum.F2...
F2d
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6
The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—
a
sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or
b
section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest).