SCHEDULES

SCHEDULE 3Services and public functions: exceptions

Part 3Health and care

Health and safety

I114

1

A service-provider (A) who refuses to provide the service to a pregnant woman does not discriminate against her in contravention of section 29 because she is pregnant if—

a

A reasonably believes that providing her with the service would, because she is pregnant, create a risk to her health or safety,

b

A refuses to provide the service to persons with other physical conditions, and

c

the reason for that refusal is that A reasonably believes that providing the service to such persons would create a risk to their health or safety.

2

A service-provider (A) who provides, or offers to provide, the service to a pregnant woman on conditions does not discriminate against her in contravention of section 29 because she is pregnant if—

a

the conditions are intended to remove or reduce a risk to her health or safety,

b

A reasonably believes that the provision of the service without the conditions would create a risk to her health or safety,

c

A imposes conditions on the provision of the service to persons with other physical conditions, and

d

the reason for the imposition of those conditions is that A reasonably believes that the provision of the service to such persons without those conditions would create a risk to their health or safety.