Equality Act 2010

Part 5 E+W+S [F1 Insurance and other financial services]

Textual Amendments

F1 Sch. 3 Pt. 5 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3

Services arranged by employer E+W+S

20 (1) Section 29 does not apply to the provision of a relevant financial service if the provision is in pursuance of arrangements made by an employer for the service-provider to provide the service to the employer's employees, and other persons, as a consequence of the employment. E+W+S

(2) “Relevant financial service” means—

(a) insurance or a related financial service, or

(b) a service relating to membership of or benefits under a personal pension scheme (within the meaning given by section 1 of the Pension Schemes Act 1993).

Commencement Information

I1 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F2 Age E+W+S

Textual Amendments

F2 Sch. 3 para. 20A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3

20A (1) A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service. E+W+S

(2) Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely.

(3) In this paragraph, “ financial service ” includes a service of a banking, credit, insurance, personal pension, investment or payment nature. ]

Disability E+W+S

21 (1) It is not a contravention of section 29, so far as relating to disability discrimination, to do anything in connection with insurance business if— E+W+S

(a) that thing is done by reference to information that is both relevant to the assessment of the risk to be insured and from a source on which it is reasonable to rely, and

(b) it is reasonable to do that thing.

(2) “Insurance business” means business which consists of effecting or carrying out contracts of insurance; and that definition is to be read with—

(a) section 22 of the Financial Services and Markets Act 2000,

(b) any relevant order under that Act, and

(c) Schedule 2 to that Act.

Commencement Information

I2 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Sex, gender reassignment, pregnancy and maternity E+W+S

22 E+W+S F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 para. 22 omitted (21.12.2012) by virtue of The Equality Act 2010 (Amendment) Regulations 2012 (S.I. 2012/2992), reg. 2 (with reg. 3)

Commencement Information

I3 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Existing insurance policies E+W+S

23 (1) It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in connection with insurance business in relation to an existing insurance policy. E+W+S

(2) “Relevant discrimination” is—

(a) age discrimination;

(b) disability discrimination;

(c) gender reassignment discrimination;

(d) pregnancy and maternity discrimination;

(e) race discrimination;

(f) religious or belief-related discrimination;

(g) sex discrimination;

(h) sexual orientation discrimination.

(3) An existing insurance policy is a policy of insurance entered into before the date on which this paragraph comes into force.

(4) Sub-paragraph (1) does not apply where an existing insurance policy was renewed, or the terms of such a policy were reviewed, on or after the date on which this paragraph comes into force.

(5) A review of an existing insurance policy which was part of, or incidental to, a general reassessment by the service-provider of the pricing structure for a group of policies is not a review for the purposes of sub-paragraph (4).

(6) “Insurance business” has the meaning given in paragraph 21.

Commencement Information

I4 Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)