The Sex Discrimination (Amendment of Legislation) Regulations 2008

Insurance

13.  At the end of Article 46 (insurance etc) (which becomes paragraph (1)) insert—

“(2) In the case of discrimination under Article 30, 31 or 32, paragraph (1) applies only in so far as that Article relates to—

(a) an excluded matter, or

(b) differences in premiums and benefits applicable to a person under a contract of insurance or related financial services entered into before the appropriate date.

(3) Despite paragraph (2), the treatment is not unlawful under Article 30(1) if—

(a) in the case of discrimination under a contract entered into on or after the appropriate date which relates to differences in premiums and benefits, each of the following conditions is satisfied—

(i) the use of sex as a factor in the assessment of risk is based on relevant and accurate actuarial and statistical data;

(ii) the data referred to in head (i) are compiled, published (whether in full or in summary form) and regularly updated in accordance with guidance issued by the Treasury;

(iii) the differences in treatment are proportionate having regard to the data mentioned in head (i);

(iv) the differences do not result from costs related to pregnancy or to the fact that a woman has given birth at any time in the period of 26 weeks ending on the day the treatment occurs or begins; or

(b) insurance or related financial services are provided only to members of one sex in relation to risks which only affect that sex.

(4) Paragraph (3)(a) applies to discrimination under Article 4A as if, in paragraph (1) of that Article, after “other persons” there were inserted “of B’s sex”.

(5) For the purposes of this Article, “the appropriate date” means the date on which the Sex Discrimination (Amendment of Legislation) Regulations 2008 came into force.”