Admittedly there are some exceptions to the application of the general equality duty. Section 149 of the Equality Act 2010 mentions these exceptions and lists them in Schedule 18. The exceptions primarily refer to two areas, namely age and immigration.
When it comes to the protected characteristic of age, the equality duty must not be adhered to when it comes to education and facilities in schools or the accommodation and supervision in children’s homes. This means that a school does not have to promote equality of opportunity and better relations between pupils of different ages. Nonetheless, schools should consider that it may be necessary to promote better relations between pupils of different ethnic origins and religions and to enable pupils with disabilities to have equal opportunities.
When carrying out their activities immigration authorities, too, need to take into account the second objective, ie. the promotion of equal opportunities when it comes to age, religion and ethnic origin of immigrants. This means, for example, that civil servants do not need to pay attention to giving the same amount opportunities to people of different religions.
However, they should pay attention to the equal opportunities of applicants with different sexual orientations and persons with disabilities.
Furthermore, the equality duty does not apply to the execution of judicial functions.
Courts do not have to take the duty into account when ruling or taking procedural decisions.
There are a few additional institutions which, because of their public functions, would in fact also be subject to equality duty, but which are expressly exempt from it in Schedule 18, such as the House of Commons and the Security Service.