SCHEDULES
SCHEDULE 16Associations: exceptions
1Single characteristic associations
1
An association does not contravene section 101(1) by restricting membership to persons who share a protected characteristic.
2
An association that restricts membership to persons who share a protected characteristic does not breach section 101(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 characteristic does not breach section 102(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
This paragraph does not apply to an association that is a registered political party.
2Health and safety
1
An association (A) does not discriminate against a pregnant woman in contravention of section 101(1)(b) because she is pregnant if—
a
the 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 safety,
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 which do not include that term would create a risk to their health or safety.
2
Sub-paragraph (1) applies to section 102(1)(b) as it applies to section 101(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 person to be invited as a guest.
3
An association (A) does not discriminate against a pregnant woman in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if—
a
the way in which A affords her access to a benefit, facility or service is 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 benefit, 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
An 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 101(2)(a) or (3)(a) or 102(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 or 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 a risk to their health or safety.
5
An association (A) does not discriminate against a pregnant woman under section 101(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
A 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 a 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.