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Sex Discrimination (Amendment) Bill

This is the text of the Sex Discrimination (Amendment) Bill, as presented to the House of Commons on 15th December 1999.

 
  
EXPLANATORY MEMORANDUM
 
 
 
  
Sex Discrimination (Amendment) Bill
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.Amendment of the Sex Discrimination Act 1975.
2.Short title.
 


 

 
 
A

B I L L

TO

Amend the Sex Discrimination Act 1975; to make provision with respect to discrimination concerning the provision of goods, facilities, services and access to governance by private member clubs; and to continue to permit wholly single-sex clubs and sporting events.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Amendment of the Sex Discrimination Act 1975.     1. In the Sex Discrimination Act 1975, after section 29 (discrimination in provision of goods, facilities or services) there shall be inserted-
 
 
"Discrimination: associations not within s 29.     29A. - (1) This section applies to any association of persons (however described, whether corporate or incorporate, and whether or not its activities are carried on for profit) if-
 
    (a) it has 25 or more members; and
 
    (b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 29(1); and
 
    (c) it is not an organisation to which section 12 applies.
      (2) It is unlawful for an association to which this section applies, in the case of a woman who is not a member of the association, to discriminate against her-
 
 
    (a) in the terms on which it is prepared to admit her to membership; or
 
    (b) by refusing or deliberately omitting to accept her application for membership.
      (3) It is unlawful for an association to which this section applies, in the case of a woman who is a member or associate of the association, to discriminate against her-
 
 
    (a) in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them; or
 
    (b) in the case of a member, by depriving her of membership, or varying the terms on which she is a member; or
 
    (c) in the case of a member, by offering to her rights of participation in the governance of the association of lesser efficacy than a male member of the association; or
 
    (d) in the case of an associate by depriving her of her rights as an associate, or varying those rights; or
 
    (e) in the case of an associate, by offering to her rights of participation in the governance of the association of lesser efficacy than a male associate of the association; or
 
    (f) in either case, by subjecting her to any other form of detriment.
      (4) It is unlawful for any association to which this section applies and which offers (whether for payment or not) goods, facilities or services to persons who are not members or associates of the association, to discriminate against a woman who is not a member or associate of the association and who seeks to obtain or use those goods, facilities or services-
 
 
    (a) by refusing or deliberately omitting to provide her with any of them; or
 
    (b) by refusing or deliberately omitting to provide her with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in his case in relation to a man who is not a member or associate of the association.
      (5) The following are examples of the facilities and services mentioned in this section-
 
 
    (a) access to and use of any place where persons who are not members or associates of the association are permitted to enter;
 
    (b) accommodation in a hotel, boarding house or other similar establishment;
 
    (c) facilities for entertainment, recreation or refreshment;
 
    (d) facilities for transport or travel.
      (6) For the purposes of this section-
 
 
    (a) a person is a member of an association if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association) and references to membership of an association shall be construed accordingly;
 
    (b) a person is an associate of an association if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).
Exceptions from s 29A for certain associations.     29B. - (1) An association to which section 29A applies is within this subsection if the main object of the association is to enable the benefits of membership (whatever they may be) to be enjoyed wholly by men or wholly by women (as the case may be); and in determining whether that is the main object of an association regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons enjoying the benefits of membership are wholly men or women (as the case may be).
 
      (2) In the case of an association within subsection (1), nothing in section 29A shall render unlawful any act or omission of the association.
 
Exceptions from s 29A for certain sporting events or competitions.     29C. Nothing in section 29A shall render unlawful the organisation or promotion by an association to which that section applies of any sporting event or competition solely for the benefit of men, provided that an event or competition of like quality shall be organised or promoted solely for the benefit of women, but-
 
 
    (a) where the association organising or promoting the event or competition determines, on reasonable grounds, that there is no demand from women members for such an event or competition, the failure to organise or promote a like event or competition for the benefit of women shall not be unlawful;
 
    (b) where the association organising or promoting the event or competition determines, on reasonable grounds, that the likely demand from women members for a like event or competition is such that an event or competition of lesser quality will satisfy such demand, the provision of an event or competition of lesser quality for the benefit of women shall not be unlawful;
 
    (c) where prize money or other reward of a value in excess of £1,000 is offered for an event or competition, nothing in section 29A shall require an association to offer prize money or other reward of an equivalent value to participants in a like event or competition organised or promoted for the benefit of women.".
Short title.     2. This Act may be cited as the Sex Discrimination (Amendment) Act 2000.
 
 

 
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