Equality Act 2010 Explanatory Notes

Effect

680.Part 1 of this Schedule provides that the prohibitions do not apply to:

  • the exercise of parliamentary functions and functions linked to the undertaking of parliamentary business;

  • preparing, making, approving or considering primary legislation or particular forms of secondary legislation, including legislation of the Scottish Parliament and the National Assembly for Wales;

  • exercising judicial functions or deciding not to commence or continue criminal proceedings.

681.Part 1 also provides that the prohibition on discriminating against a person when exercising a public function does not apply to the armed forces in respect of the protected characteristics of age, disability, gender reassignment and sex when the reason for such acts is to ensure combat effectiveness.

682.It also provides that the prohibitions on discriminating against, harassing or victimising a person when providing a service or exercising a public function do not apply to the Security Service, the Security Intelligence Service, the Government Communications Headquarters (GCHQ) or any part of the armed forces assisting GCHQ.

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