Judicial functions, etc
SCHEDULE 18 Public sector equality duty: exceptions
3 (1) Section 149 does not apply to the exercise of—
(a) a judicial function;
(b) a function exercised on behalf of, or on the instructions of, a person exercising a judicial function.
(2) The references to a judicial function include a reference to a judicial function conferred on a person other than a court or tribunal.
The court applied paragraph 3 of Schedule 18 to hold that section 149 did not apply to the court’s judicial function. (see para [37])
Paragraph 3(1) was treated as excluding judicial functions from section 149. The court adopted the rationale that judicial decision-making must apply the law even-handedly rather than according to a general equality duty (see paras [27]-[36]).
Interprets the judicial-function exception as excluding the section 149 duty from a decision by an Official Receiver which determines or restores competing legal rights and liabilities. (see paras [92]; [164]-[206]) Confirms that the judicial-function exception extends to a judicial function conferred on a person other than a court or tribunal. The provision therefore applied to the Official Receiver’s statutory function. (see paras [92]; [164]; [175])
What each judgment says about Schedule 18, paragraph 3 is in the case-law panel in the full Act.