Part 2 s 39 Human Rights Act 1993 Version as at 1 July 2024 (a) to refuse or omit to confer that approval, authorisation, or qualification on a person; or (b) to confer that approval, authorisation, or qualification on less favourable terms and conditions than would otherwise be made available; or (c) to withdraw that approval, authorisation, or qualification or vary the terms on which it is held, in circumstances in which it would not other‐ wise be withdrawn or varied,— by reason of any of the prohibited grounds of discrimination. (2) For the purposes of this section, confer includes renew or extend. Compare: 1977 No 49 s 21(1), (3); 1992 No 16 s 10(1) 39 Exceptions in relation to qualifying bodies (1) Nothing in section 38 shall apply where the authorisation or qualification is needed for, or facilitates engagement in, a profession or calling for the purposes of an organised religion and is limited to one sex or to persons of that religious belief so as to comply with the doctrines or rules or established customs of that religion. (2) Nothing in section 38 shall prevent different treatment based on disability where— (a) the person seeking or holding the approval, authorisation, or qualifica‐ tion is not, by reason of that person’s disability, able to perform the duties required of a person who holds the approval, authorisation, or qualification; or (b) the environment in which the duties required of a person who holds the approval, authorisation, or qualification are to be performed or the nature of those duties, or of some of them, are such that, if that approval, authorisation, or qualification were granted to or retained by the person with a disability, there would be a risk of harm to that person or others, including the risk of infecting others with an illness, and it is not reason‐ able to take that risk; or (c) conditions placed on the granting of the approval, authorisation, or quali‐ fication to any person or on the retention of the approval, authorisation, or qualification by any person are reasonably related to the disability of that person. (2A) For the purposes of applying subsection (2)(a) and (b), an authority or body referred to in section 38 must,— (a) 42 in the case of subsection (2)(a), take account of whether a disabled person could perform the required duties if he or she was provided with special services or facilities that could reasonably be provided by an employer or by any other relevant person: