SCHEDULES

SCHEDULE 3Services and public functions: exceptions

Part 5F2Insurance and other financial services

Annotations:
Amendments (Textual)
F2

Sch. 3 Pt. 5 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3

Services arranged by employer

I120

1

Section 29 does not apply to the provision of a relevant financial service if the provision is in pursuance of arrangements made by an employer for the service-provider to provide the service to the employer's employees, and other persons, as a consequence of the employment.

2

Relevant financial service” means—

a

insurance or a related financial service, or

b

a service relating to membership of or benefits under a personal pension scheme (within the meaning given by section 1 of the Pension Schemes Act 1993).

Annotations:
Commencement Information
I1

Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

F3Age

Annotations:
Amendments (Textual)
F3

Sch. 3 para. 20A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3

20A

1

A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service.

2

Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely.

3

In this paragraph, “ financial service ” includes a service of a banking, credit, insurance, personal pension, investment or payment nature.

Disability

I221

1

It is not a contravention of section 29, so far as relating to disability discrimination, to do anything in connection with insurance business if—

a

that thing is done by reference to information that is both relevant to the assessment of the risk to be insured and from a source on which it is reasonable to rely, and

b

it is reasonable to do that thing.

2

Insurance business” means business which consists of effecting or carrying out contracts of insurance; and that definition is to be read with—

a

section 22 of the Financial Services and Markets Act 2000,

b

any relevant order under that Act, and

c

Schedule 2 to that Act.

Annotations:
Commencement Information
I2

Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Sex, gender reassignment, pregnancy and maternity

I322

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Existing insurance policies

I423

1

It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in connection with insurance business in relation to an existing insurance policy.

2

“Relevant discrimination” is—

a

age discrimination;

b

disability discrimination;

c

gender reassignment discrimination;

d

pregnancy and maternity discrimination;

e

race discrimination;

f

religious or belief-related discrimination;

g

sex discrimination;

h

sexual orientation discrimination.

3

An existing insurance policy is a policy of insurance entered into before the date on which this paragraph comes into force.

4

Sub-paragraph (1) does not apply where an existing insurance policy was renewed, or the terms of such a policy were reviewed, on or after the date on which this paragraph comes into force.

5

A review of an existing insurance policy which was part of, or incidental to, a general reassessment by the service-provider of the pricing structure for a group of policies is not a review for the purposes of sub-paragraph (4).

6

Insurance business” has the meaning given in paragraph 21.