Part 2 s 45
Human Rights Act 1993
Version as at
1 July 2024
to provide those privileges to any of those members, or treats any of those
members less favourably in connection with the provision of those privileges
than would otherwise be the case, by reason of any of the prohibited grounds of
discrimination, that club, branch, or affiliate shall be deemed to have commit‐
ted a breach of this section.
(4)
Subject to subsection (3), nothing in this section shall apply to access to
membership of a club or to the provision of services or facilities to members of
a club.
Compare: 1977 No 49 s 24(1)–(3)
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Exception in relation to courses and counselling
Nothing in section 44 shall prevent the holding of courses, or the provision of
counselling, restricted to persons of a particular sex, race, ethnic or national
origin, or sexual orientation where highly personal matters, such as sexual
matters or the prevention of violence, are involved.
46
Exception in relation to public decency or safety
Section 44 shall not apply to the maintenance or provision of separate facilities
or services for each sex on the ground of public decency or public safety.
Compare: 1977 No 49 s 24(4)
47
Exception in relation to skill
Where the nature of a skill varies according to whether it is exercised in
relation to men or women, a person does not commit a breach of section 44 by
exercising the skill in relation to one sex only, in accordance with that person’s
normal practice.
Compare: 1977 No 49 s 24(5)
48
Exception in relation to insurance
(1)
It shall not be a breach of section 44 to offer or provide annuities, life insurance
policies, accident insurance policies, or other policies of insurance, whether for
individual persons or groups of persons, on different terms or conditions for
each sex or for persons with a disability or for persons of different ages if the
different treatment—
(a)
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is based on—
(i)
actuarial or statistical data, upon which it is reasonable to rely,
relating to life-expectancy, accidents, or sickness; or
(ii)
where no such data is available in respect of persons with a
disability, reputable medical or actuarial advice or opinion, upon
which it is reasonable to rely, whether or not contained in an
underwriting manual; and