Section 48 — Human Rights Act 1993: Exception in relation to insurance

48 Exception in relation to insurance (1) It shall not be a breach of section 44 of this Act to offer or provide annuities, life insurance policies, accident insurance policies, or other policies of insurance, whether for individual persons or groups of persons, on different terms or conditions for each sex or for persons with a disability or for persons of different ages if the different treatment— (a) Is based on— (i) Actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or (ii) Where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and (b) Is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances. (2) In assessing, for the purposes of this section, whether it is reasonable to rely on any data or advice or opinion, and whether different treatment is reasonable, the Commission or the Complaints Division may— (a) Require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and (b) Request the views of the Government Actuary on the justification for the reliance and for the different treatment. Compare: 1977 No 49 s 24(6)