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.