Gender reassignment
SCHEDULE 3 Services and public functions: exceptions
28 (1) A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim.
(2) The matters are—
(a) the provision of separate services for persons of each sex;
(b) the provision of separate services differently for persons of each sex;
(c) the provision of a service only to persons of one sex.
Proportionate exclusion from biological single-sex or separate-sex services may be lawful despite amounting to gender reassignment discrimination. The exception applies regardless of certificate status. (see paras [219]-[221])
Interprets the gender reassignment derogation as permitting separate-sex or single-sex services only where the conduct is a proportionate means of achieving a legitimate aim. The condition may require additional provision for transsexual persons, depending on the facts (see paras [28]; [63]; [66]-[71]).
Paragraph 28 was identified as a gender-reassignment discrimination exception for separate, differently provided or single-sex services where proportionate. It supported the accepted legal possibility of providing same-sex care. (see para [87])
What each judgment says about Schedule 3, paragraph 28 is in the case-law panel in the full Act.