Modifications etc. (not altering text)
C1Pt. III (ss. 22–36) excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(b), 5(1)(7)
C2Pt. III (ss. 22–36) excluded by S.I. 1989/2420, art. 3
C3Pt. III (ss. 22-36) applied (1.10.1998) by 1998 c. 31, s. 25, Sch. 5 para. 6(a) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
Pt. III (ss. 22-36) applied (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para. 8(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
(1)This section applies to a body—
(a)the activities of which are carried on otherwise than for profit, and
(b)which was not set up by any enactment.
(2)Sections 29(1) and 30 shall not be construed as rendering unlawful—
(a)the restriction of membership of any such body to persons of one sex (disregarding any minor exceptions), or
(b)the provision of benefits, facilities or services to members of any such body where the membership is so restricted,
even though membership of the body is open to the public, or to a section of the public.
(3)Nothing in section 29 or 30 shall—
(a)be construed as affecting a provision to which this subsection applies, or
(b)render unlawful an act which is done in order to give effect to such a provision.
(4)Subsection (3) applies to a provision for conferring benefits on persons of one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which constitutes the main object of a body within subsection (1).
[F1(5)Subsections (2) to (4) do not apply to discrimination under section 1 or 2A in its application to sections 29 to 31 unless the treatment mentioned in those subsections is—
(a)a proportionate means of achieving a legitimate aim, or
(b)for the purpose of preventing or compensating for a disadvantage linked to sex.]
Textual Amendments
F1S. 34(5) inserted (6.4.2008) by The Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), reg. 2(1), Sch. 1 para. 7