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.