Age15A

1

This paragraph applies in relation to age discrimination.

2

Section 29 does not apply to anything done by a relevant person in the exercise of functions exercisable by virtue of a relevant enactment.

3

A relevant person is —

a

a Minister of the Crown acting personally, or

b

a person acting in accordance with a relevant authorisation.

4

A relevant authorisation is a requirement imposed or express authorisation given—

a

with respect to a particular case or class of case, by a Minister of the Crown acting personally;

b

with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment.

5

The relevant enactments are—

a

the Immigration Acts,

b

the Special Immigration Appeals Commission Act 19972,

c

a provision made under section 2(2) of the European Communities Act 19723 which relates to immigration or asylum, and

d

a provision of EU law which relates to immigration or asylum.

6

The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

a

sections 28A to 28K of the Immigration Act 19714 (powers of arrest, entry and search, etc.), or

b

section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 20045 (power of arrest).