Article 35 Exception for voluntary bodies

Northern Ireland

(1)

This Article 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 statutory provision.

(2)

Articles 30(1) and 31 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 Article 30 or 31 shall—

(a)

be construed as affecting a provision to which this paragraph applies, or

(b)

render unlawful an act which is done in order to give effect to such a provision.

(4)

Paragraph (3) applies to a provision for conferring benefits on persons on 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 paragraph (1).

F1(5)

Paragraphs (2) to (4) do not apply to discrimination under F2Article 3, 3A or 4A in its application to Articles 30 to 32 unless the treatment mentioned in those paragraphs 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.

Annotations

Textual amendments

F1: Art. 35(5) inserted (6.4.2008) by Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), regs. 1(1), 2(2), Sch. 2 para. 7
F2: Words in art. 35(5) substituted (2.5.2016) by The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 15

Notes on the whole Order

Textual amendments

F1: function transf. by SR 1999/481