35—Discrimination by associations
(1) It is unlawful for
an association to discriminate—
(a)
against an applicant for membership on the ground of sex, sexual orientation,
gender identity or intersex status—
(i)
by refusing or failing to admit the applicant to
membership, or to a particular class of membership, of the association; or
(ii)
in the terms on which the applicant is, or may be,
admitted to membership, or a particular class of membership; or
(b)
against a member of the association on the ground of sex, sexual orientation,
gender identity or intersex status—
(i)
by refusing or failing to provide a particular service or
benefit to that member; or
(ii)
in the terms on which a particular service or benefit is
provided to that member; or
(iii)
by expelling that member from the association or
subjecting him or her to other detriment.
(2) This section does
not apply to discrimination on the ground of sex in relation to the use or
enjoyment of a service or benefit provided by an association—
(a) if
it is not practicable for the service or benefit to be used or enjoyed
simultaneously by persons of different sex, but the same, or an equivalent,
service or benefit is provided for the use or enjoyment of persons of
different sex separately from each other or at different times; or
(b) if
it is not practicable for the service or benefit to be used or enjoyed to the
same extent by persons of different sex, but persons of different sex are
entitled to a fair and reasonable proportion of the use or enjoyment of the
service or benefit.
(2a) This section does
not render unlawful an association established for—
(a)
persons of a particular sex; or
(b)
persons of a particular gender identity; or
(c)
persons of a particular sexual orientation (other than heterosexuality); or
(d)
persons of intersex status,
and, consequently, such an association may discriminate against an applicant
for membership so as to exclude from membership persons other than those for
whom the association is established.
(2b) This section does
not apply to discrimination on the ground of sexual orientation, gender
identity or intersex status if the association is administered in accordance
with the precepts of a particular religion and the discrimination is founded
on the precepts of that religion.
(3) Without limiting
the generality of this section, an association discriminates against a member
of a particular class in the association if, on application by that member to
join a different class of membership in the association, the association
accords the member a lower order of precedence on the list of applicants for
that class of membership than that accorded to an applicant who is not a
member of the association.