Commentary on Sections Schedule 3: Services and public functions: exceptions Effect
729.This paragraph contains exceptions to the general prohibition of sex discrimination which allow the provision of separate services for men and women.
730.A provider can deliver separate services for men and women where providing a combined service would not be as effective. A provider can deliver separate services for men and women in different ways or to a different extent where providing a combined service would not be as effective and it would not be reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex. In each case such provision has to be justified.
731.The exceptions also cover the exercise of public functions in respect of the “back-room” managerial, administrative and finance decisions which allow separate services to be provided.