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SCHEDULES

SCHEDULE 3Services and public functions: exceptions

Part 3Health and care

Blood services

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—

(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.

Health and safety

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—

(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.

Care within the family

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.