SCHEDULES

SCHEDULE 3Services and public functions: exceptions

Part 4Immigration

Nationality and ethnic or national origins

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1

This paragraph applies in relation to race discrimination so far as relating to—

a

nationality, or

b

ethnic or national origins.

2

Section 29 does not apply to anything done by a relevant person in the exercise of F1relevant functions.

3

A relevant person is—

a

a Minister of the Crown acting personally, or

b

a person acting in accordance with a relevant authorisation.

4

A relevant authorisation is a requirement imposed or express authorisation given—

a

with respect to a particular case or class of case, by a Minister of the Crown acting personally;

b

with respect to a particular class of case, F2by or under anything mentioned in sub-paragraph (5)(a) to (c).

5

F3“Relevant functions” means functions exercisable by virtue of —

a

the Immigration Acts,

b

the Special Immigration Appeals Commission Act 1997, F4or

c

F5anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and relates to immigration or asylum.F6...

F6d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

a

sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or

b

section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest).