Office of Public Sector Information

(3)The persons mentioned in this subsection are—

(a)either House of Parliament;

(b)a person exercising functions in connection with proceedings in Parliament;

(c)the Security Service;

(d)the Secret Intelligence Service;

(e)the Government Communications Headquarters; and

(f)any unit or part of a unit of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

(4)In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.

(5)This section is subject to sections 19C to 19F.

(6)Nothing in this section makes unlawful any act of discrimination [F4or harassment] which—

(a)is made unlawful by virtue of any other provision of this Act; or

(b)would be so made but for any provision made by or under this Act.

F119C Exceptions or further exceptions from section 19B for judicial and legislative acts etc

(1)Section 19B does not apply to—

(a)any judicial act (whether done by a court, tribunal or other person); or

(b)any act done on the instructions, or on behalf, of a person acting in a judicial capacity.

(2)Section 19B does not apply to any act of, or relating to, making, confirming or approving any enactment or Order in Council or any instrument made by a Minister of the Crown under an enactment.

(3)Section 19B does not apply to any act of, or relating to, making or approving arrangements, or imposing requirements or conditions, of a kind [F2excepted by] section 41.

(4)Section 19B does not apply to any act of, or relating to, imposing a requirement, or giving an express authorisation, of a kind mentioned in section 19D(3) in relation to the carrying out of [F3immigration functions] .

(5)In this section—

• “ [F4immigration functions]” has the meaning given in section 19D; and

• “Minister of the Crown” includes the [F5Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government] and a member of the Scottish Executive.

F119D Exception from section 19B for certain acts in immigration and nationality cases

(1)Section 19B does not make it unlawful for a relevant person to discriminate against another person on grounds of nationality or ethnic or national origins in carrying out [F2immigration functions].

(2)For the purposes of subsection (1), “relevant person" means—

(a)a Minister of the Crown acting personally; or

(b)any other person acting in accordance with a relevant authorisation.

(3)In subsection (2), “relevant authorisation" means 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—

(i)by any of the enactments mentioned in subsection (5); or

(ii)by any instrument made under or by virtue of any of those enactments.

[F3(4)In subsection (1) “immigration functions" means functions exercisable by virtue of any of the enactments mentioned in subsection (5).

(5)Those enactments are—

(a)the Immigration Acts [F4(within the meaning of section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004)] excluding sections 28A to 28K of the Immigration Act 1971 (c. 77) so far as they relate to offences under Part III of that Act [F5and excluding section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004] ;

(b)the Special Immigration Appeals Commission Act 1997 (c. 68);

(c)provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to immigration or asylum; and

(d)any provision of Community law which relates to immigration or asylum.]]

F119E Monitoring of exception in relation to immigration and nationality cases

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119F Exceptions from section 19B for decisions not to prosecute etc

Section 19B does not apply to—

(a)a decision not to institute criminal proceedings and, where such a decision has been made, any act done for the purpose of enabling the decision whether to institute criminal proceedings to be made;

(b)where criminal proceedings are not continued as a result of a decision not to continue them, the decision and, where such a decision has been made—

(i)any act done for the purpose of enabling the decision whether to continue the proceedings to be made; and

(ii)any act done for the purpose of securing that the proceedings are not continued.]

Goods, facilities, services and premises

F120. . . provision of goods, facilities or services

(1)It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a person who seeks to obtain or use those goods, facilities or services—

(a)by refusing or deliberately omitting to provide him with any of them; or

(b)by refusing or deliberately omitting to provide him with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in the first-mentioned person’s case in relation to other members of the public or (where the person so seeking belongs to a section of the public) to other members of that section.

(2)The following are examples of the facilities and services mentioned in subsection (1)—

(a)access to and use of any place which members of the public are permitted to enter;

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

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

(d)facilities for education;

(e)facilities for entertainment, recreation or refreshment;

(f)facilities for transport or travel;

(g)the services of any profession or trade, or any local or other public authority.

[F2(3)It is unlawful for any person concerned with the provision of goods, facilities or services as mentioned in subsection (1), in relation to such provision, to subject to harassment—

(a)a person who seeks to obtain or use those goods, facilities or services, or

(b)a person to whom he provides those goods, facilities or services.]]

F121. . . disposal or management of premises

(1)It is unlawful for a person, in relation to premises in Great Britain of which he has power to dispose, to discriminate against another—

(a)in the terms on which he offers him those premises; or

(b)by refusing his application for those premises; or

(c)in his treatment of him in relation to any list of persons in need of premises of that description.

(2)It is unlawful for a person, in relation to premises managed by him, to discriminate against a person occupying the premises—

(a)in the way he affords him access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or

(b)by evicting him, or subjecting him to any other detriment.

[F2(2A)It is unlawful for a person, in relation to such premises as are referred to in subsection (1) or (2), to subject to harassment a person who applies for or, as the case may be, occupies such premises.]

(3)Subsection (1) does not apply to [F3discrimination, on grounds other than those of race or ethnic or national origins, by] a person who owns an estate or interest in the premises and wholly occupies them unless he uses the services of an estate agent for the purposes of the disposal of the premises, or publishes or causes to be published an advertisement in connection with the disposal.

22 Exception from ss. 20(1) and 21: small dwellings

(1)Sections 20(1) and 21 do not apply to [F1discrimination on grounds other than those of race or ethnic or national origins in either] the provision by a person of accommodation in any premises, or the disposal of premises by him, if—

(a)that person or a near relative of his (“the relevant occupier") resides, and intends to continue to reside, on the premises; and

(b)there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household; and

(c)the premises are small premises.

(2)Premises shall be treated for the purposes of this section as small premises if—

(a)in the case of premises comprising residential accommodation for one or more households (under separate letting or similar agreements) in addition to the accommodation occupied by the relevant occupier, there is not normally residential accommodation for more than two such households and only the relevant occupier and any member of his household reside in the accommodation occupied by him;

(b)in the case of premises not falling within paragraph (a), there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

23 Further exceptions from [F1ss 20] and 21

(1)Sections [F220] and 21 do not apply—

(a)to discrimination [F3or harassment] which is rendered unlawful by any provision of Part II or section 17 or 18; or

(b)to discrimination which would be rendered unlawful by any provision of Part II but for any of the following provisions, namely sections 4(3) [F4, 4A(1)(b)] , 5(1)(b), 6, 7(4), 9 and 14(4).

(2)Section 20(1) does not apply to anything done by a person as a participant in arrangements under which he (for reward or not) takes into his home, and treats as if they were members of his family, children, elderly persons, or persons requiring a special degree of care and attention.

F124. . . consent for assignment or sub-letting

(1)Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Great Britain comprised in a tenancy, it is unlawful for the landlord or other person

[F2(a)to discriminate against a person by withholding the licence or consent for disposal of the premises to him, or

(b)in relation to such a licence or consent, to subject to harassment a person who applies for the licence or consent, or from whom the licence or consent is withheld.]

(2)Subsection (1) does not apply [F3to discrimination on grounds other than those of race or ethnic or national origins] if—

(a)the person withholding a licence of consent, or a near relative of his (“the relevant occupier") resides, and intends to continue to reside, on the premises; and

(b)there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household; and

(c)the premises are small premises.

(3)Section 22(2) (meaning of “small premises") shall apply for the purposes of this as well as of that section.

(4)In this section “tenancy" means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any enactment; and “disposal", in relation to premises comprised in a tenancy, includes assignment or assignation of the tenancy and sub-letting or parting with possession of the premises or any part of the premises.

(5)This section applies to tenancies created before the passing of this Act, as well as to others.

25 Discrimination: associations not within s. 11

(1)This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—

(a)it has twenty-five or more members; and

(b)admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 20(1); and

(c)it is not an organisation to which section 11 applies.

(2)It is unlawful for an association to which this section applies, in the case of a person who is not a member of the association, to discriminate against him—

(a)in the terms on which it is prepared to admit him to membership; or

(b)by refusing or deliberately omitting to accept his application for membership.

(3)It is unlawful for an association to which this section applies, in the case of a person who is a member or associate of the association, to discriminate against him—

(a)in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(b)in the case of a member, by depriving him of membership, or varying the terms on which he is a member; or

(c)in the case of an associate, by depriving him of his rights as an associate, or varying those rights; or

(d)in either case, by subjecting him to any other detriment.

(4)For the purposes of this section—

(a)a person is a member of an association if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly;]

(b)a person is an associate of an association to which this section applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).

26 Exception from s. 25 for certain associations

(1)An association to which section 25 applies is within this subsection if the main object of the association is to enable the benefits of membership (whatever they may be) to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour; and in determining whether that is the main object of an association regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons primarily enjoying the benefits of membership are of the racial group in question.

(2)In the case of an association within subsection (1), nothing in section 25 shall render unlawful any act not involving discrimination on the ground of colour.