Equality Act 2006 (c. 3)

(The document as of February, 2008)

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(4) Subsection (1)--

(a) does not apply in relation to the provision of goods, facilities or services by a person exercising a public function, and

(b) does not apply to discrimination in relation to the provision of goods, facilities or services if discrimination in relation to that provision--

(i) is unlawful by virtue of another provision of this Part or by virtue of a provision of the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), or

(ii) would be unlawful by virtue of another provision of this Part or of those regulations but for an express exception.

(5) For the purposes of subsection (1) it is immaterial whether or not a person charges for the provision of goods, facilities or services.

47 Premises

(1) It is unlawful for a person to discriminate against another--

(a) in the terms on which he offers to dispose of premises to him,

(b) by refusing to dispose of premises to him, or

(2) It is unlawful for a person managing premises to discriminate against an occupier--

(a) in the manner in which he provides access to a benefit or facility,

(b) by refusing access to a benefit or facility,

(d) by subjecting him to another detriment.

(3) It is unlawful for a person to discriminate against another by refusing permission for the disposal of premises to him.

(4) This section applies only to premises in Great Britain.

48 Section 47: exceptions

(1) Section 47 shall not apply to anything done in relation to the disposal or management of part of premises by a person ("the landlord") if--

(a) the landlord or a near relative resides, and intends to continue to reside, in another part of the premises,

(b) the premises include parts (other than storage areas and means of access) shared by residents of the premises, and

(i) in the case of premises to be occupied by households, more than two households in addition to that of the landlord or his near relative, or

(ii) in the case of premises to be occupied by individuals, more than six individuals in addition to the landlord or his near relative.

(2) In subsection (1) "near relative" means--

(a) spouse or civil partner,

(b) parent or grandparent,

(d) the spouse or civil partner of a child or grandchild,

(e) brother or sister (whether of full blood or half-blood), and

(f) any of the relationships listed in paragraphs (b) to (e) above that arises through marriage, civil partnership or adoption.

(3) Section 47(1) and (3) shall not apply to the disposal of premises by a person who--

(a) owns an estate or interest in the premises,

(b) occupies the whole of the premises,

(d) does not arrange for the publication of an advertisement for the purposes of the disposal.

49 Educational establishments

(1) It is unlawful for the responsible body of an educational establishment listed in the Table to discriminate against a person--

(a) in the terms on which it offers to admit him as a pupil,

(b) by refusing to accept an application to admit him as a pupil, or

(i) in the way in which it affords him access to any benefit, facility or service,

(ii) by refusing him access to a benefit, facility or service,

(iii) by excluding him from the establishment, or

(iv) by subjecting him to any other detriment.

(2) In the application of this section to England and Wales--

(a) an expression also used in any of the Education Acts (within the meaning of section 578 of the Education Act 1996 (c. 56)) has the same meaning as in that Act, and

(b) "pupil" in relation to an establishment includes any person who receives education at the establishment.

(3) In the application of this section to Scotland, an expression also used in the Education (Scotland) Act 1980 (c. 44) has the same meaning as in that Act.

Establishment	Responsible body
ENGLAND AND WALES
School maintained by a local education authority.	Local education authority or governing body.
Independent school (other than a special school).	Proprietor.
Special school (not maintained by local education authority).	Proprietor.
SCOTLAND
Public school.	Education authority.
Grant-aided school.	Manager.
Independent school.	Proprietor.

50 Section 49: exceptions

(1) Section 49(1)(a), (b) and (c)(i) and (ii) shall not apply in relation to--

(a) a school designated under section 69(3) of the School Standards and Framework Act 1998 (c. 31) (foundation or voluntary school with religious character),

(b) a school listed in the register of independent schools for England or for Wales if the school's entry in the register records that the school has a religious ethos,

(c) a school transferred to an education authority under section 16 of the Education (Scotland) Act 1980 (transfer of certain schools to education authorities) which is conducted in the interest of a church or denominational body,

(d) a school provided by an education authority under section 17(2) of that Act (denominational schools),

(e) a grant-aided school (within the meaning of that Act) which is conducted in the interest of a church or denominational body, or

(f) a school registered in the register of independent schools for Scotland if the school--

(i) admits only pupils who belong, or whose parents belong, to one or more particular denominations, or

(ii) is conducted in the interest of a church or denominational body.

(2) Section 49(1)(c)(i), (ii) or (iv) shall not apply in relation to anything done in connection with--

(a) the content of the curriculum, or

(b) acts of worship or other religious observance organised by or on behalf of an educational establishment (whether or not forming part of the curriculum).

(3) The Secretary of State may by order--

(a) amend or repeal an exception in subsection (1) or (2);

(b) provide for an additional exception to section 49;

(4) An order under subsection (3)--

(a) may include transitional, incidental or consequential provision (including provision amending an enactment (including an enactment in or under an Act of the Scottish Parliament)),

(b) may make provision generally or only in respect of specified cases or circumstances (which may, in particular, be defined by reference to location),

(c) may make different provision in respect of different cases or circumstances (which may, in particular, be defined by reference to location),

(d) shall be made by statutory instrument,

(e) may not be made unless the Secretary of State has consulted the Scottish Ministers, the National Assembly for Wales and such other persons as he thinks appropriate, and

(f) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

51 Local education authorities and education authorities

(1) It is unlawful for a local education authority (in England and Wales) or an education authority (in Scotland) in the exercise of their functions to discriminate against a person.

(2) In its application to local education authorities the prohibition in subsection (1) shall not apply to--

(a) the exercise of an authority's functions under section 14 of the Education Act 1996 (c. 56) (provision of schools),

(b) the exercise of an authority's functions in relation to transport,

(c) the exercise of an authority's functions under section 13 of that Act (general responsibility for education) in so far as they relate to a matter specified in paragraph (a) or (b) above, or

(d) the exercise of functions as the responsible body for an establishment listed in the Table in section 49.

(3) In its application to education authorities the prohibition in subsection (1) shall not apply to--

(a) the exercise of an authority's functions under section 17 of the Education (Scotland) Act 1980 (c. 44) (provision etc. of schools),

(b) the exercise of an authority's functions in relation to transport,

(c) the exercise of an authority's functions under section 1 of that Act, section 2 of the Standards in Scotland's Schools etc. Act 2000 (asp 6) and sections 4 and 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (duties in relation to provision of education) in so far as they relate to a matter specified in paragraph (a) or (b) above,

(d) the exercise of an authority's functions under section 50(1) of the Education (Scotland) Act 1980 (education of pupils in exceptional circumstances) in so far as they consist of making arrangements of the kind referred to in subsection (2) of that section, or

(e) the exercise of functions as the responsible body for an establishment listed in the Table in section 49.

52 Public authorities: general

(1) It is unlawful for a public authority exercising a function to do any act which constitutes discrimination.

(2) In subsection (1)--

(a) "public authority" includes any person who has functions of a public nature (subject to subsections (3) and (4)), and

(b) "function" means function of a public nature.

(3) The prohibition in subsection (1) shall not apply to--

(a) the House of Commons,

(b) the House of Lords,

(d) the Security Service,

(e) the Secret Intelligence Service,

(f) the Government Communications Headquarters, or

(g) a part of the armed forces of the Crown which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

(4) The prohibition in subsection (1) shall not apply to--

(a) the exercise of a judicial function (whether in connection with a court or a tribunal),

(b) anything done on behalf of or on the instructions of a person exercising a judicial function (whether in connection with a court or a tribunal),

(c) preparing, passing (or making), confirming, approving or considering an enactment (including legislation made by or by virtue of a Measure of the General Synod of the Church of England),

(d) the making of an instrument by a Minister of the Crown under an enactment,

(e) the making of an instrument by the Scottish Ministers or a member of the Scottish Executive under an enactment,

(f) a decision of any of the following kinds taken in accordance with rules under section 3(2) of the Immigration Act 1971 (c. 77) ("immigration rules") or anything done for the purposes of or in pursuance of a decision of any of those kinds--

(i) a decision to refuse entry clearance or leave to enter the United Kingdom on the grounds that the exclusion of the person from the United Kingdom is conducive to the public good,

(ii) a decision to cancel leave to enter or remain in the United Kingdom on the grounds that the exclusion of the person from the United Kingdom is conducive to the public good,

(iii) a decision to refuse an application to vary leave to enter or remain in the United Kingdom on the grounds that it is undesirable to permit the person to remain in the United Kingdom,

(iv) a decision to vary leave to enter or remain in the United Kingdom on the grounds that it is undesirable to permit the person to remain in the United Kingdom,

(g) a decision in connection with an application for entry clearance or for leave to enter or remain in the United Kingdom or anything done for the purposes of or in pursuance of a decision of that kind (whether or not the decision is taken in pursuance of a provision of immigration rules) if the decision is taken on the grounds--

(i) that a person holds an office or position in connection with a religion or belief or provides services in connection with a religion or belief,

(ii) that a religion or belief is not to be treated in the same way as certain other religions or beliefs, or

(iii) that the exclusion from the United Kingdom of a person to whom paragraph (i) applies is conducive to the public good,

(h) a decision taken, or guidance given, by the Secretary of State in connection with a decision of a kind specified in paragraph (f) or (g),

(i) a decision taken in accordance with guidance given by the Secretary of State in connection with a decision of a kind specified in paragraph (f) or (g),

(j) a decision not to institute or continue criminal proceedings (and anything done for the purpose of reaching, or in pursuance of, such a decision),

(k) action in relation to--

(i) the curriculum of an educational institution,

(ii) admission to an educational institution which has a religious ethos,

(iii) acts of worship or other religious observance organised by or on behalf of an educational institution (whether or not forming part of the curriculum),

(iv) the governing body of an educational institution which has a religious ethos,

(v) transport to or from an educational institution, or

(vi) the establishment, alteration or closure of educational institutions,

(l) the exercise of the power under section 2 of the Local Government Act 2000 (c. 22) (promotion of well-being), or

(m) action which--

(i) is unlawful by virtue of another provision of this Part or by virtue of a provision of the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), or

(ii) would be unlawful by virtue of another provision of this Part other than section 46, or by virtue of a provision of those regulations, but for an express exception.

(5) In an action under section 66 in respect of a contravention of this section--

(a) the court shall not grant an injunction unless satisfied that it will not prejudice criminal proceedings or a criminal investigation, and

(b) the court shall grant any application to stay the section 66 proceedings on the grounds of prejudice to criminal proceedings or to a criminal investigation, unless satisfied that the proceedings or investigation will not be prejudiced.

(6) Section 70(4) shall not apply in relation to a reply, or a failure to reply, to a question in connection with an alleged contravention of this section--

(a) if the respondent or potential respondent reasonably asserts that to have replied differently or at all might have prejudiced criminal proceedings or a criminal investigation,

(b) if the respondent or potential respondent reasonably asserts that to have replied differently or at all would have revealed the reason for not instituting or not continuing criminal proceedings,

(d) where the reply is given in circumstances specified for the purposes of this paragraph by order of the Secretary of State, or

(e) where the failure occurs in circumstances specified for the purposes of this paragraph by order of the Secretary of State.

(7) In this section--

"criminal investigation" means--
(a)
an investigation into the commission of an alleged offence, and
(b)
a decision whether to institute criminal proceedings, and
"enactment" includes an enactment in or under an Act of the Scottish Parliament.

(8) An order under subsection (6)(c) to (e)--

(a) may include transitional or incidental provision,

(b) may make provision generally or only for specified cases or circumstances,

(d) shall be made by statutory instrument, and

(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In the application of this section to proceedings in Scotland--

(a) a reference to the court shall be taken as a reference to the sheriff,

(b) a reference to an injunction shall be taken as a reference to an interdict,

(d) a reference to the respondent or potential respondent shall be taken as a reference to the defender or potential defender.

Other unlawful acts

53 Discriminatory practices

(1) It is unlawful for a person to operate a practice which would be likely to result in unlawful discrimination if applied to persons of any religion or belief.

(2) It is unlawful for a person to adopt or maintain a practice or arrangement in accordance with which in certain circumstances a practice would be operated in contravention of subsection (1).

(3) In this section "unlawful discrimination" means discrimination which is unlawful by virtue of any of sections 46 to 52.

(4) Proceedings in respect of a contravention of this section may be brought only--

(a) by the Commission for Equality and Human Rights, and

(b) in accordance with sections 20 to 24.

54 Discriminatory advertisements

(1) It is unlawful to publish an advertisement, or to cause an advertisement to be published, if it indicates (expressly or impliedly) an intention by any person to discriminate unlawfully.

(2) In subsection (1) the reference to unlawful discrimination is a reference to discrimination which is unlawful by virtue of any of sections 46 to 52.

(3) Proceedings in respect of a contravention of subsection (1) may be brought only--

(a) by the Commission for Equality and Human Rights, and

(b) in accordance with section 25.

(4) A person who publishes an advertisement shall not be liable in proceedings under that section in respect of the publication of the advertisement if he proves that--

(a) he published in reliance on a statement, made by a person causing the advertisement to be published, that subsection (1) would not apply, and

(b) that it was reasonable to rely on that statement.

(5) A person commits an offence if he knowingly or recklessly makes a false statement of the kind mentioned in subsection (4)(a).

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

55 Instructing or causing discrimination

(1) It is unlawful for a person to instruct another to unlawfully discriminate.

(2) It is unlawful for a person to cause or attempt to cause another to unlawfully discriminate.

(3) It is unlawful for a person to induce or attempt to induce another to unlawfully discriminate.

(4) For the purposes of subsection (3) inducement may be direct or indirect.

(5) In this section a reference to unlawful discrimination is a reference to discrimination which is unlawful by virtue of any of sections 46 to 52.

(6) Proceedings in respect of a contravention of this section may be brought only--

(a) by the Commission for Equality and Human Rights, and

(b) in accordance with section 25.

General exceptions

56 Statutory requirements

Nothing in this Part shall make it unlawful to do anything which is necessary, or in so far as it is necessary, for the purpose of complying with--

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(i) by a Minister of the Crown,

(ii) by Order in Council,

(iii) by the Scottish Ministers or a member of the Scottish Executive,

(iv) by the National Assembly for Wales, or

(v) by or by virtue of a Measure of the General Synod of the Church of England, or

(d) a condition or requirement imposed by a Minister of the Crown by virtue of anything listed in paragraphs (a) to (c).

57 Organisations relating to religion or belief

(1) This section applies to an organisation the purpose of which is--

(a) to practice a religion or belief,

(b) to advance a religion or belief,

(d) to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or

(e) to improve relations, or maintain good relations, between persons of different religions or beliefs.

(2) But this section does not apply to an organisation whose sole or main purpose is commercial.

(3) Nothing in this Part shall make it unlawful for an organisation to which this section applies or anyone acting on behalf of or under the auspices of an organisation to which this section applies--

(a) to restrict membership of the organisation,

(b) to restrict participation in activities undertaken by the organisation or on its behalf or under its auspices,

(c) to restrict the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices, or

(d) to restrict the use or disposal of premises owned or controlled by the organisation.

(4) Nothing in this Part shall make it unlawful for a minister--

(a) to restrict participation in activities carried on in the performance of his functions in connection with or in respect of an organisation to which this section relates, or

(b) to restrict the provision of goods, facilities or services in the course of activities carried on in the performance of his functions in connection with or in respect of an organisation to which this section relates.

(5) But subsections (3) and (4) permit a restriction only if imposed--

(a) by reason of or on the grounds of the purpose of the organisation, or

(b) in order to avoid causing offence, on grounds of the religion or belief to which the organisation relates, to persons of that religion or belief.

(6) In subsection (4) the reference to a minister is a reference to a minister of religion, or other person, who--

(a) performs functions in connection with a religion or belief to which an organisation, to which this section applies, relates, and

(b) holds an office or appointment in, or is accredited, approved or recognised for purposes of, an organisation to which this section applies.

58 Charities relating to religion or belief

(1) Nothing in this Part shall make it unlawful for a person to provide benefits only to persons of a particular religion or belief, if--

(a) he acts in pursuance of a charitable instrument, and

(b) the restriction of benefits to persons of that religion or belief is imposed by reason of or on the grounds of the provisions of the charitable instrument.

(2) Nothing in this Part shall make it unlawful for the Charity Commissioners for England and Wales or the holder of the Office of the Scottish Charity Regulator to exercise a function in relation to a charity in a manner which appears to the Commissioners or to the holder to be expedient in the interests of the charity, having regard to the provisions of the charitable instrument.

(3) In this section "charitable instrument"--

(a) means an instrument establishing or governing a charity, and

(b) includes a charitable instrument made before the commencement of this section.

59 Faith schools, &c.

(1) Nothing in this Part shall make it unlawful for an educational institution established or conducted for the purpose of providing education relating to, or within the framework of, a specified religion or belief--

(a) to restrict the provision of goods, facilities or services, or

(b) to restrict the use or disposal of premises.

(2) But subsection (1) permits a restriction only if imposed--

(a) by reason of or on the grounds of the purpose of the institution, or

(b) in order to avoid causing offence, on grounds of the religion or belief to which the institution relates, to persons connected with the institution.

(3) In this Part a reference to the provision of facilities or services shall not, in so far as it applies to an educational institution, include a reference to educational facilities or educational services provided to students of the institution.

60 Membership requirement

(1) Nothing in this Part shall make it unlawful for a charity to require members, or persons wishing to become members, to make a statement which asserts or implies membership or acceptance of a religion or belief.

(2) Subsection (1) shall apply to the imposition of a requirement by a charity only if--

(a) the charity, or an organisation of which the charity is part, first imposed a requirement of the kind specified in subsection (1) before 18th May 2005, and

(b) the charity or organisation has not ceased since that date to impose a requirement of that kind.

61 Education, training and welfare

Nothing in this Part shall make it unlawful to do anything by way of--

(a) meeting special needs for education, training or welfare of persons of a religion or belief, or

(b) providing ancillary benefits in connection with meeting the needs mentioned in paragraph (a).

62 Care within family

Nothing in this Part shall make it unlawful for a person to take into his home, and treat in the same manner as a member of his family, a person who requires a special degree of care and attention (whether by reason of being a child or an elderly person or otherwise).

63 National security

Nothing in this Part shall make unlawful anything which is done for, and justified by, the purpose of safeguarding national security.

64 Amendment of exceptions

(1) The Secretary of State may by order amend this Part so as to--

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