SCHEDULES
SCHEDULE 3Services and public functions: exceptions
Part 4Immigration
17Nationality and ethnic or national origins
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 functions exercisable by virtue of a relevant enactment.
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, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment.
5
The relevant enactments are—
a
the Immigration Acts,
b
the Special Immigration Appeals Commission Act 1997,
c
a provision made under section 2(2) of the European Communities Act 1972 which relates to immigration or asylum, and
d
a provision of Community law which relates to immigration or asylum.
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).