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SCHEDULES

SCHEDULE 3E+W+SServices and public functions: exceptions

Part 3E+W+SHealth and care

Blood servicesE+W+S

13(1)A person operating a blood service does not contravene section 29 only by refusing to accept a donation of an individual's blood if—E+W+S

(a)the refusal is because of an assessment of the risk to the public, or to the individual, based on clinical, epidemiological or other data obtained from a source on which it is reasonable to rely, and

(b)the refusal is reasonable.

(2)A blood service is a service for the collection and distribution of human blood for the purposes of medical services.

(3)Blood” includes blood components.

Annotations:

Commencement Information

I1Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Health and safetyE+W+S

14(1)A service-provider (A) who refuses to provide the service to a pregnant woman does not discriminate against her in contravention of section 29 because she is pregnant if—E+W+S

(a)A reasonably believes that providing her with the service would, because she is pregnant, create a risk to her health or safety,

(b)A refuses to provide the service to persons with other physical conditions, and

(c)the reason for that refusal is that A reasonably believes that providing the service to such persons would create a risk to their health or safety.

(2)A service-provider (A) who provides, or offers to provide, the service to a pregnant woman on conditions does not discriminate against her in contravention of section 29 because she is pregnant if—

(a)the conditions are intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that the provision of the service without the conditions would create a risk to her health or safety,

(c)A imposes conditions on the provision of the service to persons with other physical conditions, and

(d)the reason for the imposition of those conditions is that A reasonably believes that the provision of the service to such persons without those conditions would create a risk to their health or safety.

Annotations:

Commencement Information

I2Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Care within the familyE+W+S

15A person (A) does not contravene section 29 only by participating in arrangements under which (whether or not for reward) A takes into A's home, and treats as members of A's family, persons requiring particular care and attention.

Annotations:

Commencement Information

I3Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)