Regolamento 26 giugno 2003, n.1661

Regolamento 26 giugno 2003, No. 1661, “The Employment Equality (Sexual Orientation) Regulations 2003”.

(omissis)

7. Exception for genuine occupational requirement etc

(1) In relation to discrimination falling within regulation 3 (discrimination on grounds of sexual orientation) –
(a) regulation 6(1)(a) or (c) does not apply to any employment;
(b) regulation 6(2)(b) or (c) does not apply to promotion or transfer to, or training for, any employment; and
(c) regulation 6(2)(d) does not apply to dismissal from any employment,
where paragraph (2) or (3) applies.

(2) This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out –
(a) being of a particular sexual orientation is a genuine and determining occupational requirement;
(b) it is proportionate to apply that requirement in the particular case; and
(c) either –
(i) the person to whom that requirement is applied does not meet it, or
(ii) the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it, and this paragraph applies whether or not the employment is for purposes of an organised religion.

(3) This paragraph applies where –
(a) the employment is for purposes of an organised religion;
(b) the employer applies a requirement related to sexual orientation –
(i) so as to comply with the doctrines of the religion, or
(ii) because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers; and
(c) either –
(i) the person to whom that requirement is applied does not meet it, or
(ii) the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it.

(omissis)

16. Qualifications bodies

(1) It is unlawful for a qualifications body to discriminate against a person –
(a) in the terms on which it is prepared to confer a professional or trade qualification on him;
(b) by refusing or deliberately not granting any application by him for such a qualification; or
(c) by withdrawing such a qualification from him or varying the terms on which he holds it.

(2) It is unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a person who holds or applies for such a qualification.

(3) Paragraph (1) does not apply to a professional or trade qualification for purposes of an organised religion where a requirement related to sexual orientation is applied to the qualification so as to comply with the doctrines of the religion or avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers.

(4) In this regulation –
“qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include –
(a) an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations, or
(b) a school;
“confer” includes renew or extend;
“professional or trade qualification” means any authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;
“profession” and “trade” have the same meaning as in regulation 15.

(omissis)