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);
F4e
section 60A(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;
F1cb
a requirement not to be the civil partner of a person of the opposite 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.