Discrimination: associations and private members clubs
17.—(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 5(1).
(2) 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.
(3) 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 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.
(4) 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).
(5) This regulation shall 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.
(6) 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.