SCHEDULES
SCHEDULE 3Services and public functions: exceptions
Part 1Constitutional matters
1Parliament
1
Section 29 does not apply to the exercise of—
a
a function of Parliament;
b
a function exercisable in connection with proceedings in Parliament.
2
Sub-paragraph (1) does not permit anything to be done to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House.
2Legislation
1
Section 29 does not apply to preparing, making or considering—
a
an Act of Parliament;
b
a Bill for an Act of Parliament;
c
an Act of the Scottish Parliament;
d
a Bill for an Act of the Scottish Parliament;
e
an Act of the National Assembly for Wales;
f
a Bill for an Act of the National Assembly for Wales.
2
Section 29 does not apply to preparing, making, approving or considering—
a
a Measure of the National Assembly for Wales;
b
a proposed Measure of the National Assembly for Wales.
3
Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by—
a
a Minister of the Crown;
b
the Scottish Ministers or a member of the Scottish Executive;
c
the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
4
Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts of Synod, orders, etc.) applies.
5
Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by—
a
Her Majesty in Council;
b
the Privy Council.
6
Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions).
3Judicial functions
1
Section 29 does not apply to—
a
a judicial function;
b
anything done on behalf of, or on the instructions of, a person exercising a judicial function;
c
a decision not to commence or continue criminal proceedings;
d
anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings.
2
A reference in sub-paragraph (1) to a judicial function includes a reference to a judicial function conferred on a person other than a court or tribunal.
4Armed forces
1
Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces.
2
“Relevant discrimination” is—
a
age discrimination;
b
disability discrimination;
c
gender reassignment discrimination;
d
sex discrimination.
5Security services, etc.
Section 29 does not apply to—
a
the Security Service;
b
the Secret Intelligence Service;
c
the Government Communications Headquarters;
d
a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.