SCHEDULES

SCHEDULE 23General exceptions

Organisations relating to religion or belief

I12

1

This paragraph applies to an organisation the purpose of which is—

a

to practise a religion or belief,

b

to advance a religion or belief,

c

to teach the practice or principles of 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 foster or maintain good relations between persons of different religions or beliefs.

2

This paragraph does not apply to an organisation whose sole or main purpose is commercial.

3

The organisation does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—

a

membership of the organisation;

b

participation in activities undertaken by the organisation or on its behalf or under its auspices;

c

the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices;

d

the use or disposal of premises owned or controlled by the organisation.

4

A person does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by doing anything mentioned in sub-paragraph (3) on behalf of or under the auspices of the organisation.

5

A minister does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—

a

participation in activities carried on in the performance of the minister's functions in connection with or in respect of the organisation;

b

the provision of goods, facilities or services in the course of activities carried on in the performance of the minister's functions in connection with or in respect of the organisation.

6

Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief only if it is imposed—

a

because of the purpose of the organisation, or

b

to avoid causing offence, on grounds of the religion or belief to which the organisation relates, to persons of that religion or belief.

7

Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation only if it is imposed—

a

because it is necessary to comply with the doctrine of the organisation, or

b

to avoid conflict with strongly held convictions within sub-paragraph (9).

8

In sub-paragraph (5), 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 the organisation relates, and

b

holds an office or appointment in, or is accredited, approved or recognised for the purposes of the organisation.

9

The strongly held convictions are—

a

in the case of a religion, the strongly held religious convictions of a significant number of the religion's followers;

b

in the case of a belief, the strongly held convictions relating to the belief of a significant number of the belief's followers.

10

This paragraph does not permit anything which is prohibited by section 29, so far as relating to sexual orientation, if it is done—

a

on behalf of a public authority, and

b

under the terms of a contract between the organisation and the public authority.

11

In the application of this paragraph in relation to sexual orientation, sub-paragraph (1)(e) must be ignored.

12

In the application of this paragraph in relation to sexual orientation, in sub-paragraph (3)(d), “disposal” does not include disposal of an interest in premises by way of sale if the interest being disposed of is—

a

the entirety of the organisation's interest in the premises, or

b

the entirety of the interest in respect of which the organisation has power of disposal.

13

In this paragraph—

a

disposal” is to be construed in accordance with section 38;

b

public authority” has the meaning given in section 150(1).