Equality Act 2010 Explanatory Notes

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.

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