Sch 9 para 19
(1) A does not contravene a provision mentioned in sub-paragraph (2) in relation to the provision of a benefit, facility or service to B if A is concerned with the provision (for payment or not) of a benefit, facility or service of the same description to the public. (2) The provisions are— (a) section 39(2) and (4); (b) section 41(1) and (3); (c) sections 44(2) and (6) and 45(2) and (6); (d) sections 49(6) and (8) and 50(6), (7), (9) and (10). (3) Sub-paragraph (1) does not apply if— (a) the provision by A to the public differs in a material respect from the provision by A to comparable persons, (b) the provision to B is regulated by B's terms, or (c) the benefit, facility or service relates to training. (4) “ Comparable persons ” means— (a) in relation to section 39(2) or (4), the other employees; (b) in relation to section 41(1) or (3), the other contract workers supplied to the principal; (c) in relation to section 44(2) or (6), the other partners of the firm; (d) in relation to section 45(2) or (6), the other members of the LLP; (e) in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons holding offices or posts not materially different from that held by B. (5) “ B's terms ” means— (a) the terms of B's employment, (b) the terms on which the principal allows B to do the contract work, (c) the terms on which B has the position as a partner or member, or (d) the terms of B's appointment to the office. (6) A reference to the public includes a reference to a section of the public which includes B.