Schedule 16: Associations: exceptions
904.Schedule 16 contains exceptions from the association provisions in Part 7 of the Act.
Single characteristic associations: paragraph 1
Effect
905.This paragraph allows an association whose main purpose is to bring together people who share a particular characteristic (such as a particular nationality, sexual orientation or a particular disability) to continue to restrict membership to such people, and impose similar restrictions on those who can exercise the rights of an associate, or who can be invited as guests.
906.It is however unlawful for an association to restrict its membership to people of a particular colour.
Background
907.An exception for associations which bring together people who share a particular protected characteristic was provided in previous legislation in relation to race and sexual orientation. This exception has been extended to cover all of the protected characteristics in line with the prohibition on discrimination.
Example
A club for deaf people can restrict membership to people who are deaf and would not need to admit people with other disabilities, such as a blind person.
Health and safety: paragraph 2
Effect
908.This paragraph is designed to ensure that it is not unlawful for an association to treat a pregnant woman differently in the terms on which she is admitted as a member or is given access to benefits as a member if the association reasonably believes that to do otherwise would create a risk to her health or safety and the association would take similar measures in respect of persons with other physical conditions. Equivalent provision is made in respect of associates and guests.
Background
909.Provisions making it unlawful for an association to discriminate against a pregnant woman have been introduced for the first time in this Act. The provisions in this paragraph, which are similar to those which apply in the provision of services to the public, are therefore also new.
Example
A private members’ gym may wish to restrict access to squash courts after a certain point in the pregnancy (for example, after 36 weeks).
