37.Under the DDA, private members’ clubs are not prohibited from discriminating against their members. Clubs are only prevented from discriminating against disabled persons in their capacity as employers (under Part II of the DDA) and as service providers (under Part III of the DDA) in respect of any service the club offered to members of the public.
38.Article 13 makes it unlawful for clubs with 25 or more members to discriminate against disabled members, prospective members or associates and guests in certain circumstances. The new sections are modelled on the provisions of Article 25 of the Race Relations (Northern Ireland) Order 1997.
39.The Article enables regulations to be made prescribing the circumstances in which clubs will be under a duty to make reasonable adjustments. As the Department intends to consult before imposing such duties, the draft provisions only set out the framework of this duty. It is not expected that the duties will go further than those which providers of goods, facilities or services are already under by reason of the DDA. In addition, it is expected that regulations will make provision for the failure to make a reasonable adjustment to be justified in certain circumstances.