Part 3Services and public functions

Supplementary

30Ships and hovercraft

1

This Part (subject to subsection (2)) applies only in such circumstances as are prescribed in relation to—

a

transporting people by ship or hovercraft;

b

a service provided on a ship or hovercraft.

2

Section 29(6) applies in relation to the matters referred to in paragraphs (a) and (b) of subsection (1); but in so far as it relates to disability discrimination, section 29(6) applies to those matters only in such circumstances as are prescribed.

3

It does not matter whether the ship or hovercraft is within or outside the United Kingdom.

4

Ship” has the same meaning as in the Merchant Shipping Act 1995.

5

Hovercraft” has the same meaning as in the Hovercraft Act 1968.

6

Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

31Interpretation and exceptions

1

This section applies for the purposes of this Part.

2

A reference to the provision of a service includes a reference to the provision of goods or facilities.

3

A reference to the provision of a service includes a reference to the provision of a service in the exercise of a public function.

4

A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

5

Where an employer arranges for another person to provide a service only to the employer’s employees—

a

the employer is not to be regarded as the service-provider, but

b

the employees are to be regarded as a section of the public.

6

A reference to a person requiring a service includes a reference to a person who is seeking to obtain or use the service.

7

A reference to a service-provider not providing a person with a service includes a reference to—

a

the service-provider not providing the person with a service of the quality that the service-provider usually provides to the public (or the section of it which includes the person), or

b

the service-provider not providing the person with the service in the manner in which, or on the terms on which, the service-provider usually provides the service to the public (or the section of it which includes the person).

8

In relation to the provision of a service by either House of Parliament, the service-provider is the Corporate Officer of the House concerned; and if the service involves access to, or use of, a place in the Palace of Westminster which members of the public are allowed to enter, both Corporate Officers are jointly the service-provider.

9

Schedule 2 (reasonable adjustments) has effect.

10

Schedule 3 (exceptions) has effect.