Paragraph 26 I1

(1)

A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services for persons of each sex if—

(a)

a joint service for persons of both sexes would be less effective, and

(b)

the limited provision is a proportionate means of achieving a legitimate aim.

(2)

A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services differently for persons of each sex if—

(a)

a joint service for persons of both sexes would be less effective,

(b)

the extent to which the service is required by one sex makes it not reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex, and

(c)

the limited provision is a proportionate means of achieving a legitimate aim.

(3)

This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

Annotations

Commencement

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)

Notes on Part 7

Textual amendments

F1: Sch. 3 Pt. 7 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 4