SCHEDULE 3Services and public functions: exceptions
Part 4Immigration
Disability
16
(1)
This paragraph applies in relation to disability discrimination.
(2)
Section 29 does not apply to—
(a)
a decision within sub-paragraph (3);
(b)
anything done for the purposes of or in pursuance of a decision within that sub-paragraph.
(3)
A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) to do any of the following on the ground that doing so is necessary for the public good—
(a)
to refuse entry clearance;
(b)
to refuse leave to enter or remain in the United Kingdom;
(c)
to cancel leave to enter or remain in the United Kingdom;
(d)
to vary leave to enter or remain in the United Kingdom;
(e)
to refuse an application to vary leave to enter or remain in the United Kingdom.
(4)
Section 29 does not apply to—
(a)
a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3);
(b)
a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within that sub-paragraph.