Page 10 of 44

Previous Next

First page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Last page

10Chapter 4 Miscellaneous

93 Reasonable adjustments

Schedule 13 (reasonable adjustments) has effect.

94 Educational charities and endowments

15Schedule 14 (educational charities and endowments) has effect.

Part 7 Associations

Preliminary

95 Application of this Part

(1) 20This Part does not apply to the protected characteristic of marriage and civil
partnership.

(2) This Part does not apply to discrimination, harassment or victimisation—

(a) that is prohibited by Part 3 (services, etc.), Part 4 (premises), Part 5
(work) or Part 6 (education), or

(b) 25that would be so prohibited but for an express exception.

(3) For the purposes of subsection (2)(b), section 30(3) is not an express exception.

Equality BillPage 71

Membership, etc.

96 Members and associates

(1) An association (A) must not discriminate against a person (B)—

(a) in the arrangements A makes for deciding who to admit to
5membership;

(b) as to the terms on which A is prepared to admit B to membership;

(c) by not accepting B’s application for membership.

(2) An association (A) must not discriminate against a member (B)—

(a) in the way A affords B access, or by not affording B access, to a benefit,
10facility or service;

(b) by depriving B of membership;

(c) by varying B’s terms of membership;

(d) by subjecting B to any other detriment.

(3) An association (A) must not discriminate against an associate (B)—

(a) 15in the way A affords B access, or by not affording B access, to a benefit,
facility or service;

(b) by depriving B of B’s rights as an associate;

(c) by varying B’s rights as an associate;

(d) by subjecting B to any other detriment.

(4) 20An association must not harass—

(a) a member;

(b) a person seeking to become a member;

(c) an associate.

(5) An association (A) must not victimise a person (B)—

(a) 25in the arrangements A makes for deciding who to admit to
membership;

(b) as to the terms on which A is prepared to admit B to membership;

(c) by not accepting B’s application for membership.

(6) An association (A) must not victimise a member (B)—

(a) 30in the way A affords B access, or by not affording B access, to a benefit,
facility or service;

(b) by depriving B of membership;

(c) by varying B’s terms of membership;

(d) by subjecting B to any other detriment.

(7) 35An association (A) must not victimise an associate (B)—

(a) in the way A affords B access, or by not affording B access, to a benefit,
facility or service;

(b) by depriving B of B’s rights as an associate;

(c) by varying B’s rights as an associate;

(d) 40by subjecting B to any other detriment.

97 Guests

(1) An association (A) must not discriminate against a person (B)—

Equality BillPage 72

(a) in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;

(b) as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;

(c) 5by not inviting B, or not permitting B to be invited, as a guest.

(2) An association (A) must not discriminate against a guest (B) invited by A or
with A’s permission (whether express or implied)—

(a) in the way A affords B access, or by not affording B access, to a benefit,
facility or service;

(b) 10by subjecting B to any other detriment.

(3) An association must not harass—

(a) a guest;

(b) a person seeking to be a guest.

(4) An association (A) must not victimise a person (B)—

(a) 15in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;

(b) as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;

(c) by not inviting B, or not permitting B to be invited, as a guest.

(5) 20An association (A) must not victimise a guest (B) invited by A or with A’s
permission (whether express or implied)—

(a) in the way A affords B access, or by not affording B access, to a benefit,
facility or service;

(b) by subjecting B to any other detriment.

98 25Sections 96 and 97: further provision

(1) A duty to make reasonable adjustments applies to an association.

(2) In the application of section 24 for the purposes of section 96(4) or 97(3), neither
of the following is a relevant protected characteristic—

(a) religion or belief;

(b) 30sexual orientation.

Special provision for political parties

99 Selection of candidates

(1) This section applies to an association which is a registered political party.

(2) A person does not contravene this Part only by acting in accordance with
35selection arrangements.

(3) Selection arrangements are arrangements—

(a) which the party makes for regulating the selection of its candidates in
a relevant election, and

Equality BillPage 73

(b) the purpose of which is to reduce inequality in the party’s
representation in the body concerned.

(4) The reference in subsection (3)(b) to inequality in a party’s representation in a
body is a reference to inequality between—

(a) 5the number of the party’s candidates elected to be members of the body
who share a protected characteristic, and

(b) the number of the party’s candidates so elected who do not share that
characteristic.

(5) For the purposes of subsection (4), persons share the protected characteristic of
10disability if they are disabled persons (and section 6(3)(b) is accordingly to be
ignored).

(6) Selection arrangements do not include short-listing only such persons as have
a particular protected characteristic.

(7) But subsection (6) does not apply to the protected characteristic of sex.

(8) 15The following elections are relevant elections—

(a) Parliamentary elections;

(b) elections to the European Parliament;

(c) elections to the Scottish Parliament;

(d) elections to the National Assembly for Wales;

(e) 20local government elections within the meaning of section 191, 203 or
204 of the Representation of the People Act 1983 (excluding elections
for the Mayor of London).

100 Time-limited provision

(1) Section 99(7) is repealed at the end of 2030 unless an order is made under
25subsection (2).

(2) At any time before the end of 2030, a Minister of the Crown may by order
provide that subsection (1) is to have effect with the substitution of a later time
for that for the time being specified there.

(3) In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of
30that Act), in subsection (1) for “2015” substitute “2030”.

(4) The substitution made by subsection (3) does not affect the power to substitute
a later time by order under section 3 of that Act.

Supplementary

101 Interpretation and exceptions

(1) 35This section applies for the purposes of this Part.

(2) An “association” is an association of persons—

Equality BillPage 74

(a) which has at least 25 members, and

(b) admission to membership of which is regulated by the association’s
rules and involves a process of selection.

(3) A Minister of the Crown may by order amend subsection (2)(a) so as to
5substitute a different number for that for the time being specified there.

(4) It does not matter—

(a) whether an association is incorporated;

(b) whether its activities are carried on for profit.

(5) Membership is membership of any description (other than membership that is
10by reference to a protected characteristic); and a reference to a member is to be
construed accordingly.

(6) A person is an “associate”, in relation to an association, if the person—

(a) is not a member of the association, but

(b) in accordance with the association’s rules, has some or all of the rights
15as a member as a result of being a member of another association.

(7) A reference to a registered political party is a reference to a party registered in
the Great Britain register under Part 2 of the Political Parties, Elections and
Referendums Act 2000.

(8) Schedule 15 (reasonable adjustments) has effect.

(9) 20Schedule 16 (exceptions) has effect.

Page 10 of 44

Previous Next

First page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Last page