Section 101
1
30This Schedule applies where a duty to make reasonable adjustments is
imposed on an association (A) by this Part.
2 (1) A must comply with the first, second and third requirements.
(2)
For the purposes of this paragraph, the reference in section 19(3), (4) or (5) to
35a disabled person is a reference to disabled persons who are members,
associates or guests.
(3) In relation to the first and third requirements, the relevant matters are—
(a) access to a benefit, facility or service;
(b)
members’ or associates’ retaining their rights as such or avoiding
40having them varied;
(c) being admitted to membership or invited as a guest.
Equality BillPage 208
(4)
In relation to the second requirement, the relevant matter is access to a
benefit, facility or service.
(5)
In relation to the second requirement, a physical feature includes a physical
feature brought by or on behalf of A, in the course of or for the purpose of
5providing a benefit, facility or service, on to premises other than those that
A occupies (as well as including a physical feature in or on premises that A
occupies).
(6)
Nothing in this paragraph requires A to take a step which would
fundamentally alter—
(a) 10the nature of the benefit, facility or service concerned, or
(b) the nature of the association.
(7)
Nor does anything in this paragraph require a member or associate in whose
house meetings of the association take place to make adjustments to a
physical feature of the house.
Section 101
1
(1)
An association does not contravene section 96(1) by restricting membership
to persons who share a protected characteristic.
(2)
20An association that restricts membership to persons who share a protected
characteristic does not breach section 96(3) by restricting the access by
associates to a benefit, facility or service to such persons as share the
characteristic.
(3)
An association that restricts membership to persons who share a protected
25characteristic does not breach section 97(1) by inviting as guests, or by
permitting to be invited as guests, only such persons as share the
characteristic.
(4)
Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation
to colour.
(5)
30This paragraph does not apply to an association that is a registered political
party.
2
(1)
An association (A) does not discriminate against a pregnant woman in
contravention of section 96(1)(b) because she is pregnant if—
(a)
35the terms on which A is prepared to admit her to membership
include a term intended to remove or reduce a risk to her health or
safety,
(b)
A reasonably believes that admitting her to membership on terms
which do not include that term would create a risk to her health or
40safety,
Equality BillPage 209
(c)
the terms on which A is prepared to admit persons with other
physical conditions to membership include a term intended to
remove or reduce a risk to their health or safety, and
(d)
A reasonably believes that admitting them to membership on terms
5which do not include that term would create a risk to their health or
safety.
(2)
Sub-paragraph (1) applies to section 97(1)(b) as it applies to section 96(1)(b);
and for that purpose a reference to admitting a person to membership is to
be read as a reference to inviting the person as a guest or permitting the
10person to be invited as a guest.
(3)
An association (A) does not discriminate against a pregnant woman in
contravention of section 96(2)(a) or (3)(a) or 97(2)(a) because she is pregnant
if—
(a)
the way in which A affords her access to a benefit, facility or service
15is intended to remove or reduce a risk to her health or safety,
(b)
A reasonably believes that affording her access to the benefit, facility
or service otherwise than in that way would create a risk to her
health or safety,
(c)
A affords persons with other physical conditions access to the
20benefit, facility or service in a way that is intended to remove or
reduce a risk to their health or safety, and
(d)
A reasonably believes that affording them access to the benefit,
facility or service otherwise than in that way would create a risk to
their health or safety.
(4)
25An association (A) which does not afford a pregnant woman access to a
benefit, facility or service does not discriminate against her in contravention
of section 96(2)(a) or (3)(a) or 97(2)(a) because she is pregnant if—
(a)
A reasonably believes that affording her access to the benefit, facility
or service would, because she is pregnant, create a risk to her health
30or safety,
(b)
A does not afford persons with other physical conditions access to
the benefit, facility or service, and
(c)
the reason for not doing so is that A reasonably believes that
affording them access to the benefit, facility or service would create
35a risk to their health or safety.
(5)
An association (A) does not discriminate against a pregnant woman under
section 96(2)(c) or (3)(c) because she is pregnant if—
(a)
the variation of A’s terms of membership, or rights as an associate, is
intended to remove or reduce a risk to her health or safety,
(b)
40A reasonably believes that not making the variation to A’s terms or
rights would create a risk to her health or safety,
(c)
A varies the terms of membership, or rights as an associate, of
persons with other physical conditions,
(d)
the variation of their terms or rights is intended to remove or reduce
45a risk to their health or safety, and
(e)
A reasonably believes that not making the variation to their terms or
rights would create a risk to their health or safety.