Schedule 9, Part 1, paragraph 2

A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that— the employment is for the purposes of an organised religion, the application of the requirement engages the compliance or non-conflict principle, and the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). The provisions are— section 39(1)(a) or (c) or (2)(b) or (c); section 49(3)(a) or (c) or (6)(b) or (c); section 50(3)(a) or (c) or (6)(b) or (c); section 51(1); section 60A(1). A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that— the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and the application of the requirement engages the compliance or non-conflict principle. This sub-paragraph applies to— a requirement to be of a particular sex; a requirement not to be a transsexual person; a requirement not to be married or a civil partner; a requirement not to be married to, or the civil partner of, a person of the same sex; a requirement not to be the civil partner of a person of the opposite sex; a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner; a requirement relating to circumstances in which a marriage or civil partnership came to an end; a requirement related to sexual orientation. The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion. The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. A reference to employment includes a reference to an appointment to a personal or public office. In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted.

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Source: legislation.gov.uk · retrieved 2026-09-04