Part 4 Immigration
Equality Act 2010 | Legislation


(1)     This paragraph applies in relation to age discrimination.

(2)     Section 29 does not apply to anything done by a relevant person in the exercise of functions exercisable by virtue of a relevant enactment [relevant functions].

(3)     A relevant person is—

(a)     a Minister of the Crown acting personally, or

(b)     a person acting in accordance with a relevant authorisation.

(4)     A relevant authorisation is a requirement imposed or express authorisation given—

(a)     with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b)     with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment [by or under anything mentioned in sub-paragraph (5)(a) to (c)].

(5)     The relevant enactments are [“Relevant functions” means functions exercisable by virtue of]—

(a)     the Immigration Acts,

(b)     the Special Immigration Appeals Commission Act 1997, [or]

(c)     a provision made under section 2(2) of the European Communities Act 1972 which [anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and] relates to immigration or asylum, and

(d)     a provision of EU law which relates to immigration or asylum.

(6)     The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

(a)     sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc), or

(b)     section 14 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (power of

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