SCHEDULES
SCHEDULE 3Services and public functions: exceptions
Part 5F2Insurance and other financial services
Services arranged by employer
I120
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.
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).
F3Age
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.
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
I221
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—
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.
Sex, gender reassignment, pregnancy and maternity
I322
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Existing insurance policies
I423
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.
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.
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