SCHEDULES

SCHEDULE 3Services and public functions: exceptions

Part 4Immigration

F1Age

Annotations:
Amendments (Textual)
F1

Sch. 3 para. 15A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 2

15A

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 F7relevant functions.

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, F3by or under anything mentioned in sub-paragraph (5)(a) to (c);

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

F5Relevant functions” means functions exercisable by virtue of

a

the Immigration Acts,

b

the Special Immigration Appeals Commission Act 1997, F6or

c

F4anything which forms part of F8assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and F9(in either case) relates to immigration or asylum. F2...

F2d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 1971 (powers of arrest, entry and search, etc. ), or

b

section 14 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (power of arrest).