Equality Act 2010

Part 7 U.K.Associations

PreliminaryE+W+S

100Application of this PartE+W+S

(1)This Part does not apply to the protected characteristic of marriage and civil partnership.

(2)This Part does not apply to discrimination, harassment or victimisation—

(a)that is prohibited by Part 3 (services and public functions), Part 4 (premises), Part 5 (work) or Part 6 (education), or

(b)that would be so prohibited but for an express exception.

Membership, etc.E+W+S

101Members and associatesE+W+S

(1)An association (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding who to admit to membership;

(b)as to the terms on which A is prepared to admit B to membership;

(c)by not accepting B's application for membership.

(2)An association (A) must not discriminate against a member (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying B's terms of membership;

(d)by subjecting B to any other detriment.

(3)An association (A) must not discriminate against an associate (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of B's rights as an associate;

(c)by varying B's rights as an associate;

(d)by subjecting B to any other detriment.

(4)An association must not harass—

(a)a member;

(b)a person seeking to become a member;

(c)an associate.

(5)An association (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding who to admit to membership;

(b)as to the terms on which A is prepared to admit B to membership;

(c)by not accepting B's application for membership.

(6)An association (A) must not victimise a member (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying B's terms of membership;

(d)by subjecting B to any other detriment.

(7)An association (A) must not victimise an associate (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of B's rights as an associate;

(c)by varying B's rights as an associate;

(d)by subjecting B to any other detriment.

102GuestsE+W+S

(1)An association (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding who to invite, or who to permit to be invited, as a guest;

(b)as to the terms on which A is prepared to invite B, or to permit B to be invited, as a guest;

(c)by not inviting B, or not permitting B to be invited, as a guest.

(2)An association (A) must not discriminate against a guest (B) invited by A or with A's permission (whether express or implied)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by subjecting B to any other detriment.

(3)An association must not harass—

(a)a guest;

(b)a person seeking to be a guest.

(4)An association (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding who to invite, or who to permit to be invited, as a guest;

(b)as to the terms on which A is prepared to invite B, or to permit B to be invited, as a guest;

(c)by not inviting B, or not permitting B to be invited, as a guest.

(5)An association (A) must not victimise a guest (B) invited by A or with A's permission (whether express or implied)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by subjecting B to any other detriment.

103Sections 101 and 102: further provisionE+W+S

(1)A duty to make reasonable adjustments applies to an association.

(2)In the application of section 26 for the purposes of section 101(4) or 102(3), neither of the following is a relevant protected characteristic—

(a)religion or belief;

(b)sexual orientation.

Special provision for political partiesU.K.

104Selection of candidatesE+W+S

(1)This section applies to an association which is a registered political party.

(2)A person does not contravene this Part only by acting in accordance with selection arrangements.

(3)Selection arrangements are arrangements—

(a)which the party makes for regulating the selection of its candidates in a relevant election,

(b)the purpose of which is to reduce inequality in the party's representation in the body concerned, and

(c)which, subject to subsection (7), are a proportionate means of achieving that purpose.

(4)The reference in subsection (3)(b) to inequality in a party's representation in a body is a reference to inequality between—

(a)the number of the party's candidates elected to be members of the body who share a protected characteristic, and

(b)the number of the party's candidates so elected who do not share that characteristic.

(5)For the purposes of subsection (4), persons share the protected characteristic of disability if they are disabled persons (and section 6(3)(b) is accordingly to be ignored).

(6)Selection arrangements do not include short-listing only such persons as have a particular protected characteristic.

(7)But subsection (6) does not apply to the protected characteristic of sex; and subsection (3)(c) does not apply to short-listing in reliance on this subsection.

(8)The following elections are relevant elections—

(a)Parliamentary Elections;

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)elections to the Scottish Parliament;

(d)elections to the National Assembly for Wales;

(e)local government elections within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983 (excluding elections for the Mayor of London).

105Time-limited provisionU.K.

(1)Section 104(7) and the words “, subject to subsection (7),” in section 104(3)(c) are repealed at the end of 2030 unless an order is made under subsection (2).

(2)At any time before the end of 2030, a Minister of the Crown may by order provide that subsection (1) is to have effect with the substitution of a later time for that for the time being specified there.

(3)In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of that Act), in subsection (1) for “2015” substitute “ 2030 ”.

(4)The substitution made by subsection (3) does not affect the power to substitute a later time by order under section 3 of that Act.

SupplementaryE+W+S

107Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Part.

(2)An “association” is an association of persons—

(a)which has at least 25 members, and

(b)admission to membership of which is regulated by the association's rules and involves a process of selection.

(3)A Minister of the Crown may by order amend subsection (2)(a) so as to substitute a different number for that for the time being specified there.

(4)It does not matter—

(a)whether an association is incorporated;

(b)whether its activities are carried on for profit.

(5)Membership is membership of any description; and a reference to a member is to be construed accordingly.

(6)A person is an “associate”, in relation to an association, if the person—

(a)is not a member of the association, but

(b)in accordance with the association's rules, has some or all of the rights as a member as a result of being a member of another association.

(7)A reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000.

(8)Schedule 15 (reasonable adjustments) has effect.

(9)Schedule 16 (exceptions) has effect.