Equal Status Act 2000

Other non-discriminatory activities.

16

16.—(1) Imposing or maintaining a reasonable preferential fee, charge or rate in respect of anything offered or provided to or in respect of persons together with their children, married couples, persons in a specific age group or persons with a disability does not constitute—

( a) discrimination for the purposes of section 5 or 6, or

( b) a discriminatory rule, policy or practice for the purposes of section 8(2)(a) .

(2) Treating a person differently does not constitute discrimination where the person—

( a) is so treated solely in the exercise of a clinical judgment in connection with the diagnosis of illness or his or her medical treatment, or

( b) is incapable of entering into an enforceable contract or of giving an informed consent and for that reason the treatment is reasonable in the particular case.