Version as at
1 July 2024
(b)
(2)
Human Rights Act 1993
Part 2 s 51
is reasonable having regard to the applicability of the data or advice
or opinion, and of any other relevant factors, to the particular circum‐
stances.
In assessing, for the purposes of this section, whether it is reasonable to rely
on any data or advice or opinion, and whether different treatment is reasonable,
the Commission or the Complaints Division may—
(a)
require justification to be provided for reliance on the data or advice or
opinion and for the different treatment; and
(b)
request the views of an actuary on the justification for the reliance and
for the different treatment.
Compare: 1977 No 49 s 24(6)
Section 48(2)(b): amended, on 1 May 2011, by section 82 of the Financial Markets Authority Act
2011 (2011 No 5).
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Exception in relation to sport
(1)
Subject to subsection (2), nothing in section 44 shall prevent the exclusion of
persons of one sex from participation in any competitive sporting activity in
which the strength, stamina, or physique of competitors is relevant.
(2)
Subsection (1) does not apply in relation to the exclusion of persons from
participation in—
(a)
the coaching of persons engaged in any sporting activity; or
(b)
the umpiring or refereeing of any sporting activity; or
(c)
the administration of any sporting activity; or
(d)
sporting activities by persons who have not attained the age of 12 years.
(3)
It shall not be a breach of section 44 to exclude any person from any competi‐
tive sporting event or activity if that person’s disability is such that there would
be a risk of harm to that person or to others, including the risk of infecting
others with an illness, if that person were to take part in that competitive
sporting event or activity and it is not reasonable to take that risk.
(4)
It shall not be a breach of section 44 to conduct competitive sporting events or
activities in which only persons with a particular disability or age qualification
may take part.
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Exception in relation to travel services
It shall not be a breach of section 44 to provide group travel services which are
expressed to be solely for the benefit of persons in a particular age group.
51
Exception in relation to reduced charges
It shall not be a breach of section 44 to provide goods, services, or facilities at
a reduced fee, charge, or rate on the ground of age, disability, or employment
status, whether or not there are conditions applicable to the reduced fee, charge,
or rate.
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