Regolamento 17 aprile 2007, n.1263

Regolamento 17 Aprile 2007: “The Equality Act (Sexual Orientation) Regulations 2007”.

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14. Organisations relating to religion or belief

(1) Subject to paragraphs (2) and (8) this regulation applies to an organisation the purpose of which is—
(a) to practise a religion or belief,
(b) to advance a religion or belief,
(c) to teach the practice or principles of a religion or belief,
(d) to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief.

(2) This regulation does not apply —
(a) to an organisation whose sole or main purpose is commercial,
(b) in relation to regulation 7 (Educational establishments, local educational authorities, and education authorities).

(3) Nothing in these Regulations shall make it unlawful for an organisation to which this regulation applies, or for anyone acting on behalf of or under the auspices of an organisation to which this regulation applies—
(a) to restrict membership of the organisation,
(b) to restrict participation in activities undertaken by the organisation or on its behalf or under its auspices,
(c) to restrict the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices, or
(d) to restrict the use or disposal of premises owned or controlled by the organisation, in respect of a person on the ground of his sexual orientation.

(4) Nothing in these Regulations shall make it unlawful for a minister—
(a) to restrict participation in activities carried on in the performance of his functions in connection with or in respect of an organisation to which this regulation relates, or (b) to restrict the provision of goods, facilities or services in the course of activities carried on in the performance of his functions in connection with or in respect of an organisation to which this regulation relates, in respect of a person on the ground of his sexual orientation.

(5) Paragraphs (3) and (4) permit a restriction only if imposed —
(a) if it is necessary to comply with the doctrine of the organisation; or
(b) so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers.

(6) In paragraph (4) the reference to a minister is a reference to a minister of religion, or other person, who —
(a) performs functions in connection with a religion or belief to which an organisation, to which this regulation applies, relates; and
(b) holds an office or appointment in, or is accredited, approved or recognised for purposes of, an organisation to which this regulation applies.

(7) For the purposes of paragraph (3)(d), “disposal” shall not include disposal of an interest in premises by way of sale where the interest being disposed of is the entirety of the organisation’s interest in the premises, or the entirety of the interest in respect of which the organisation has power of disposal.

(8) This regulation does not apply where an organisation of the kind referred to in paragraph (1) or any person acting on its behalf or under its auspices—
(a) makes provision of a kind referred to in regulation 4, or
(b) exercises a function of a kind referred to in regulation 8, on behalf of a public authority under the terms of a contract for provision of that kind between that authority and an organisation referred to in paragraph (1) or, if different, the person making that provision.

15. Adoption and fostering agencies

(1) Paragraph (2) applies to a voluntary adoption agency or fostering agency that —
(a) is an organisation of the kind referred to in regulation 14(1), or
(b) acts on behalf of or under the auspices of such an organisation.

(2) Subject to paragraph (3), during the period from the commencement of these Regulations until 31st December 2008, nothing in these Regulations shall make it unlawful for such a voluntary adoption agency or fostering agency to restrict the provision of its services or facilities to a person on the grounds of his sexual orientation.

(3) If such a voluntary adoption agency or fostering agency restricts the provision of those services or facilities as mentioned in paragraph (2), it must at the same time refer the person seeking them to another person who the agency believes provides similar services or facilities to persons of his sexual orientation.

(4) Paragraph (2) permits a restriction only if imposed —
(a) if it is necessary to comply with the doctrine of the organisation, or
(b) so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers.

16. Associations

(1) This regulation applies to any association of persons (however described, whether corporate or unincorporated, and whether or not its activities are carried on for profit) if—
(a) it has 25 or more members, and
(b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of regulation 4(1); and
(c) it is not a trade organisation.

(2) In this regulation—
“trade organisation” means an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists,
“profession” includes any vocation or occupation, and “trade” includes any business.

(3) It is unlawful for an association to which this regulation applies, in the case of a person who is not a member of the association, to discriminate against him—
(a) in the terms on which it is prepared to admit him to membership, or
(b) by refusing or deliberately omitting to accept his application for membership.

(4) It is unlawful for an association to which this regulation applies, in the case of a person who is a member or associate of the association, to discriminate against him—
(a) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them, or
(b) in the case of a member, by depriving him of membership, or varying the terms on which he is a member, or
(c) in the case of an associate, by depriving him of his rights as an associate, or varying those rights, or
(d) in either case, by subjecting him to any other detriment.

(5) For the purposes of this regulation—
(a) a person is a member of an association if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly,
(b) a person is an associate of an association to which this regulation applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).

17. Exceptions from regulation 16 for certain associations

(1) Regulation 16 does not apply to any association if the main object of the association is to enable the benefits of membership (whatever they may be) to be enjoyed by persons of a particular sexual orientation.
(2) In determining whether that is the main object of an association regard shall be had to the essential character of the association and to all relevant circumstances including, in particular, the extent to which the affairs of the association are so conducted that the persons primarily enjoying the benefits of membership are of the sexual orientation in question.

18. Charities

(1) Nothing in these Regulations shall make it unlawful for a person to provide benefits only to persons of a particular sexual orientation, if—
(a) he acts in pursuance of a charitable instrument, and
(b) the restriction of benefits to persons of that sexual orientation is imposed by reason of or on the grounds of the provisions of the charitable instrument.

(2) Nothing in these Regulations shall make it unlawful for the Charity Commission for England and Wales or the holder of the office of the Scottish Charity Regulator to exercise a function in relation to a charity in a manner which appears to the Commission or to the holder to be expedient in the interests of the charity, having regard to the provisions of the charitable instrument.

(3) In this regulation—
“charitable instrument”–
(a) means an instrument establishing or governing a charity, and
(b) includes a charitable instrument made before these Regulations come into force; and
“charity”—
(a) in relation to England and Wales, has the meaning given by the Charities Act 2006(a),
(b) in relation to Scotland, means a body entered in the Scottish Charity Register(b).

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