SCHEDULES

SCHEDULE 3Services and public functions: exceptions

Part 4Immigration

16Disability

1

This paragraph applies in relation to disability discrimination.

2

Section 29 does not apply to—

a

a decision within sub-paragraph (3);

b

anything done for the purposes of or in pursuance of a decision within that sub-paragraph.

3

A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) to do any of the following on the ground that doing so is necessary for the public good—

a

to refuse entry clearance;

b

to refuse leave to enter or remain in the United Kingdom;

c

to cancel leave to enter or remain in the United Kingdom;

d

to vary leave to enter or remain in the United Kingdom;

e

to refuse an application to vary leave to enter or remain in the United Kingdom.

4

Section 29 does not apply to—

a

a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3);

b

a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within that sub-paragraph.