3
(1)
Section 29 does not apply to—
(a)
a judicial function;
(b)
anything done on behalf of, or on the instructions of, a person exercising a judicial function;
(c)
a decision not to commence or continue criminal proceedings;
(d)
anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings.
(2)
A reference in sub-paragraph (1) to a judicial function includes a reference to a judicial function conferred on a person other than a court or tribunal.
Cases considering Schedule 3, paragraph 3 13
[2025] EWCA Civ 1457 · 14 November 2025Disapplies
Schedule 3, paragraph 3 excludes judicial functions from the operation of section 29. Accordingly, the Equality Act 2010 duty to make reasonable adjustments does not apply when a court or tribunal is exercising a judicial function (see paras [14]-[15]).
[2019] EWCA Civ 5 · 22 January 2019Disapplies
Judicial decisions are excluded from the Act’s scope. The relevance of mental ill-health to an extension application therefore arises through the general law governing judicial discretion, rather than the Act (see para [33]).
[2025] EWHC 1751 (Ch) · 4 June 2025Disapplies
Paragraph 3 was applied to exclude a judicial function from the operation of section 29. The exclusion was treated as covering the court’s exercise of its judicial function (see paras [26], [36]-[37]).
What each judgment says about Schedule 3, paragraph 3 is in the case-law panel in the full Act.