Disability Discrimination Act 1995

[F1 21F Discrimination by private clubs etc. U.K.

[F2 (1) This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—

(a) it has twenty-five or more members;

(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 19(2); and

(c) it is not an organisation to which section 13 applies.

(2) It is unlawful for an association to which this section applies, in the case of a disabled person who is not a member of the association, to discriminate against him—

(a) in the terms on which it is prepared to admit him to membership; or

(b) by refusing or deliberately omitting to accept his application for membership.

(3) It is unlawful for an association to which this section applies, in the case of a disabled person who is a member, or associate, of the association, to discriminate against him—

(a) in the way it affords him access to a benefit, facility or service;

(b) by refusing or deliberately omitting to afford him access to a benefit, facility or service;

(c) in the case of a member—

(i) by depriving him of membership, or

(ii) by varying the terms on which he is a member;

(d) in the case of an associate—

(i) by depriving him of his rights as an associate, or

(ii) by varying those rights; or

(e) in either case, by subjecting him to any other detriment.

(4) It is unlawful for an association to which this section applies to discriminate against a disabled person—

(a) in the way it affords him access to a benefit, facility or service,

(b) by refusing or deliberately omitting to afford him access to a benefit, facility or service, or

(c) by subjecting him to any other detriment,

in his capacity as a guest of the association.

(5) It is unlawful for an association to which this section applies to discriminate against a disabled person—

(a) in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association;

(b) by refusing or deliberately omitting to invite him to be a guest of the association; or

(c) by not permitting a member or associate to invite him to be a guest of the association.

(6) It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H.

(7) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.]]

Extent Information

E1 Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F1 Ss. 21F-21J and cross-heading inserted (E.W.S.) (30.6.2005 for ss. 21G, 21 H for certain purposes, 10.10.2005 for s. 21F for certain purposes and 5.12.2005 for all provisions insofar as not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 12, 20(3)-(6); S.I. 2005/1676, art. 2(2)(c); S.I. 2005/2774, arts. {2(a)}, {3(g)} and the same sections and cross-heading inserted (N.I.) (3.7.2006 for ss. 21G and 21 H for certain purposes, 9.11.2007 for s. 21F for certain purposes and 31.12.2007 for all provisions insofar as not already in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 13; S.R. 2006/289, art. 2(2)(b); S.R. 2007/466, art. 2(1)(2)(g)

F2 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)