Part 3Services and public functions
Provision of services, etc.
I129Provision of services, etc.
1
A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.
2
A service-provider (A) must not, in providing the service, discriminate against a person (B)—
a
as to the terms on which A provides the service to B;
b
by terminating the provision of the service to B;
c
by subjecting B to any other detriment.
3
A service-provider must not, in relation to the provision of the service, harass—
a
a person requiring the service, or
b
a person to whom the service-provider provides the service.
4
A service-provider must not victimise a person requiring the service by not providing the person with the service.
5
A service-provider (A) must not, in providing the service, victimise a person (B)—
a
as to the terms on which A provides the service to B;
b
by terminating the provision of the service to B;
c
by subjecting B to any other detriment.
6
A person must not, in the exercise of a public function that is not the provision of a service to the public or a section of the public, do anything that constitutes discrimination, harassment or victimisation.
7
A duty to make reasonable adjustments applies to—
a
a service-provider (and see also section 55(7));
b
a person who exercises a public function that is not the provision of a service to the public or a section of the public.
8
In the application of section 26 for the purposes of subsection (3), and subsection (6) as it relates to harassment, neither of the following is a relevant protected characteristic—
a
religion or belief;
b
sexual orientation.
9
In the application of this section, so far as relating to race or religion or belief, to the granting of entry clearance (within the meaning of the Immigration Act 1971), it does not matter whether an act is done within or outside the United Kingdom.
10
Subsection (9) does not affect the application of any other provision of this Act to conduct outside England and Wales or Scotland.