SCHEDULES

SCHEDULE 3Services and public functions: exceptions

Part 3Health and care

13Blood services

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—

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.

14Health and safety

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—

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.

15Care within the family

A 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.