Section 4: Non-application of Act
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Non-application of Act
(1) Nothing in this Act shall—
(a) prohibit the provision of different treatment to a person in relation
to an annuity, life insurance policy, accident insurance policy, or
similar matter involving the assessment of risk, where the treatment—
(i) is determined by actuarial or other data from a source on
which it was reasonable to rely; and
(ii) is reasonable having regard to those data and any other
relevant factors;
(b) affect—
(i) a provision in a deed, will or other document made before
or after the commencement of this Act, that confers a
charitable benefit, or enables a charitable benefit to be conferred, on a person on the basis of his status; or
(ii) an act that is done in order to give effect to such a provision;
(c) prohibit making the membership of a club available to persons of
one sex only;
(d) in relation to any sport, game or other activity of a competitive
nature where the physical strength, stamina or physique of the
average woman puts her at a disadvantage to the average man,
prohibit any act related to the participation of a person as a
competitor in events involving that activity which are not confined to competitors of one sex;
E13A – 5 [Issue 4]
Equal Opportunities Act
(e) in relation to a body whose activities are carried out otherwise
than for profit, restrict—
(i) the membership of that body; or
(ii) the provision of benefits, facilities or services,
to a person of a particular sex or marital status;
(f) prohibit the granting to a woman of any right or privilege in connection with pregnancy or childbirth.
(2) This Act shall not apply to—
(a) the ordination of a priest, a minister of religion or a member of a
religious order or the training or education of such a person;
(b) the selection or appointment of a person to perform functions in
connection with, or otherwise to participate in, any religious
observance or practice; or
(c) any other act or practice of a body established for religious purposes which conforms to the tenets or beliefs of that religion or
is necessary to avoid injury to the religious susceptibilities of
adherents to that religion.
PART II – FORMS OF DISCRIMINATION
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Questions this section answers
- Can an insurer treat me differently based on risk data without breaking this Act?
- Can a club only open to one sex refuse to admit me?
- Does this Act stop a woman getting special rights linked to pregnancy or childbirth?
- Does this Act apply to how a religious body selects its priests or ministers?