SCHEDULES
SCHEDULE 3Services and public functions: exceptions
Part 7Separate and single services
26Separate services for the sexes
1
A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services for persons of each sex if—
a
a joint service for persons of both sexes would be less effective, and
b
the limited provision is a proportionate means of achieving a legitimate aim.
2
A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services differently for persons of each sex if—
a
a joint service for persons of both sexes would be less effective,
b
the extent to which the service is required by one sex makes it not reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex, and
c
the limited provision is a proportionate means of achieving a legitimate aim.
3
This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.