SCHEDULES
SCHEDULE 23General exceptions
Communal accommodation
I13
1
A person does not contravene this Act, so far as relating to sex discrimination or gender reassignment discrimination, only because of anything done in relation to—
a
the admission of persons to communal accommodation;
b
the provision of a benefit, facility or service linked to the accommodation.
2
Sub-paragraph (1)(a) does not apply unless the accommodation is managed in a way which is as fair as possible to both men and women.
3
In applying sub-paragraph (1)(a), account must be taken of—
a
whether and how far it is reasonable to expect that the accommodation should be altered or extended or that further accommodation should be provided, and
b
the frequency of the demand or need for use of the accommodation by persons of one sex as compared with those of the other.
4
In applying sub-paragraph (1)(a) in relation to gender reassignment, account must also be taken of whether and how far the conduct in question is a proportionate means of achieving a legitimate aim.
5
Communal accommodation is residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy should be used only by persons of the same sex.
6
Communal accommodation may include—
a
shared sleeping accommodation for men and for women;
b
ordinary sleeping accommodation;
c
residential accommodation all or part of which should be used only by persons of the same sex because of the nature of the sanitary facilities serving the accommodation.
7
A benefit, facility or service is linked to communal accommodation if—
a
it cannot properly and effectively be provided except for those using the accommodation, and
b
a person could be refused use of the accommodation in reliance on sub-paragraph (1)(a).
8
This paragraph does not apply for the purposes of Part 5 (work) unless such arrangements as are reasonably practicable are made to compensate for—
a
in a case where sub-paragraph (1)(a) applies, the refusal of use of the accommodation;
b
in a case where sub-paragraph (1)(b) applies, the refusal of provision of the benefit, facility or service.