SCHEDULES

SCHEDULE 9Work: exceptions

Part 1Occupational requirements

Religious requirements relating to sex, marriage etc., sexual orientation

2

1

A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that—

a

the employment is for the purposes of an organised religion,

b

the application of the requirement engages the compliance or non-conflict principle, and

c

the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

2

The provisions are—

a

section 39(1)(a) or (c) or (2)(b) or (c);

b

section 49(3)(a) or (c) or (6)(b) or (c);

c

section 50(3)(a) or (c) or (6)(b) or (c);

d

section 51(1).

3

A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that—

a

the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and

b

the application of the requirement engages the compliance or non-conflict principle.

4

This sub-paragraph applies to—

a

a requirement to be of a particular sex;

b

a requirement not to be a transsexual person;

c

a requirement not to be married or a civil partner;

F1ca

a requirement not to be married to a person of the same sex;

d

a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner;

e

a requirement relating to circumstances in which a marriage or civil partnership came to an end;

f

a requirement related to sexual orientation.

5

The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion.

6

The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers.

7

A reference to employment includes a reference to an appointment to a personal or public office.

8

In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted.