Version as at 1 July 2024 (b) (3) Human Rights Act 1993 Part 2 s 41 in the case of subsection (2)(b), take account of whether the risk of harm referred to in that paragraph could be reduced to a normal level, without unreasonable disruption to an employer or to any other relevant person. Nothing in section 38 shall apply where— (a) the authority or body imposes a reasonable and appropriate minimum age under which the approval, authorisation, or qualification will not be conferred; or (b) the authority or body imposes reasonable and appropriate terms and conditions on the grant or retention of the approval, authorisation, or qualification by reason of the age of the person seeking or holding it. Compare: 1977 No 49 s 21(2), (2A); 1992 No 16 s 10(2) Section 39(2A): inserted, on 10 September 2008, by section 6 of the Human Rights Amendment Act 2008 (2008 No 65). 40 Vocational training bodies It shall be unlawful for any organisation or association which has as its func‐ tion or one of its principal functions the provision of training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), that would help to fit a person for any employment, or for any person acting or purporting to act on behalf of any such organisation or association,— (a) to refuse or omit to provide training, or facilities or opportunities for training; or (b) to provide training, or facilities or opportunities for training, on less favourable terms and conditions than would otherwise be made avail‐ able; or (c) to terminate training, or facilities or opportunities for training,— by reason of any of the prohibited grounds of discrimination. Compare: 1977 No 49 s 22(1); 1992 No 16 s 11(1) 41 Exceptions in relation to vocational training bodies (1) Nothing in section 40 shall prevent an organisation or association from afford‐ ing persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full-time employment. (2) Subject to subsection (3), nothing in section 40 shall apply where a 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 be provided with training, or facilities or opportunities for training, and it is not reasonable to take that risk. 43