4
(1)
A person does not contravene section 39(1)(a) or (c) or (2)(b) or section 60A(1) by applying in relation to service in the armed forces a relevant requirement if the person shows that the application is a proportionate means of ensuring the combat effectiveness of the armed forces.
(2)
A relevant requirement is—
(a)
a requirement to be a man;
(b)
a requirement not to be a transsexual person.
(3)
This Part of this Act, so far as relating to age or disability, does not apply to service in the armed forces; and section 55, so far as relating to disability, does not apply to work experience in the armed forces.
Cases considering Schedule 9, paragraph 4 4
[2025] EAT 197 · 22 December 2025
Paragraph 4(3) means that Part 5 disability and age discrimination protection does not apply to armed forces service. Reading in an HIV exception, or removing the exclusion, would contradict its clear terms and the legislation’s underlying policy. (see paras [103]-[127])
[2015] EWHC 2183 (Admin) · 24 July 2015Disapplies
Interpreted as disapplying the whole of Part 5, so far as relating to age or disability, to service in all units and functions of the armed forces. It was not limited to enforcement provisions. (see paras [43]-[48])
[2025] UKSC 16 · 16 April 2025Interprets
The armed-forces exception separately permits proportionate requirements to be a man and not to be transsexual. It operates under biological sex and does not support certificated sex. (see paras [245]-[246])
What each judgment says about Schedule 9, paragraph 4 is in the case-law panel in the full Act.