An equality clause shall not operate in relation to terms—
(a) affected by compliance with the laws regulating the employment of women, or
(b) affording special treatment to women in connection with pregnancy or childbirth.
Subsection (1)(b) does not affect the operation of an equality clause falling within section 1(2)(d), (e) or (f).
An equality clause shall not operate in relation to terms relating to a person’s membership of, or rights under, an occupational pension scheme, being terms in relation to which, by reason only of any provision made by or under sections 62 to 64 of the Pensions Act 1995 (equal treatment), an equal treatment rule would not operate if the terms were included in the scheme.
In subsection (1B), “ occupational pension scheme ” has the same meaning as in the Pension Schemes Act 1993 and “ equal treatment rule ” has the meaning given by section 62 of the Pensions Act 1995