xmlns:atom="http://www.w3.org/2005/Atom"

Goods, facilities and services

4.—(1) It is unlawful for a person (“A”) concerned with the provision to the public or a section of the public of goods, facilities or services to discriminate against a person (“B”) who seeks to obtain or to use those goods, facilities or services—

(a)by refusing to provide B with goods, facilities or services,

(b)by refusing to provide B with goods, facilities or services of a quality which is the same as or similar to the quality of goods, facilities or services that A normally provides to—

(i)the public, or

(ii)a section of the public to which B belongs,

(c)by refusing to provide B with goods, facilities or services in a manner which is the same as or similar to that in which A normally provides goods, facilities or services to—

(i)the public, or

(ii)a section of the public to which B belongs, or

(d)by refusing to provide B with goods, facilities or services on terms which are the same as or similar to the terms on which A normally provides goods, facilities or services to—

(i)the public, or

(ii)a section of the public to which B belongs.

(2) Paragraph (1) applies, in particular, to—

(a)access to and use of a place which the public are permitted to enter,

(b)accommodation in a hotel, boarding house or similar establishment,

(c)facilities by way of banking or insurance or for grants, loans, credit or finance,

(d)facilities for entertainment, recreation or refreshment,

(e)facilities for transport or travel, and

(f)the services of a profession or trade.

(3) Paragraph (1) does not apply —

(a)in relation to the provision of goods, facilities or services by a person exercising a public function, or

(b)to discrimination in relation to the provision of goods, facilities or services, where such discrimination—

(i)is unlawful by virtue of another provision of these regulations or by virtue of a provision of the Employment Equality (Sexual Orientation) Regulations 2003(1) (“the 2003 Regulations”), or

(ii)would be unlawful by virtue of another provision of these Regulations or of the 2003 Regulations but for an express exception.

(4) For the purposes of paragraph (1) it is immaterial whether or not a person charges for the provision of goods, facilities or services.