Religion
Equal Status Act
Short title.
1.— This Act may be cited as the Equal Status Act, 2000.
Interpretation.
2.—(1) In this Act, unless the context otherwise requires—
F1 [ ‘ Act of 2015 ’ means the Workplace Relations Act 2015;
‘ adjudication officer ’ has the same meaning as it has in the Act of 2015; ]
“Authority” means the Equality Authority;
F2 [ ‘ civil status ’ means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved; ]
F3 [ … ]
“disability” means—
( a) the total or partial absence of a person’s bodily or mental functions, including the absence of a part of a person’s body,
( b) the presence in the body of organisms causing, or likely to cause, chronic disease or illness,
( c) the malfunction, malformation or disfigurement of a part of a person’s body,
( d) a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or
( e) a condition, disease or illness which affects a person’s thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour;
“discriminate” means to discriminate within the meaning of section 3 (1) or 4(1);
F4 [ ‘ discriminatory grounds ’ has the meaning given by subsections (2) and (3B) of section 3 ; ]
“family status” means being pregnant or having responsibility—
( a) as a parent or as a person in loco parentis in relation to a person who has not attained the age of 18 years, or
( b) as a parent or the resident primary carer in relation to a person of or over that age with a disability which is of such a nature as to give rise to the need for care or support on a continuing, regular or frequent basis,
and, for the purposes of paragraph (b), a primary carer is a resident primary carer in relation to a person with a disability if the primary carer resides with the person with the disability;
F5 [ ‘ Gender Goods and Services Directive ’ means Council Directive 2004/113/EC of 13 December 2004 1 implementing the principle of equal treatment between men and women in the access to and supply of goods and services ]
“goods” means any articles of movable property;
F1 [ ‘ Labour Court ’ means the body established by the Industrial Relations Act 1946 ; ]
F6 [ … ]
F1 [ ‘ mediation officer ’ has the same meaning as it has in the Act of 2015; ]
“the Minister” means the Minister for Justice, Equality and Law Reform;
“near relative” means a spouse F2 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], lineal descendant, ancestor, brother or sister;
“person”, as that term is used in or in relation to any provision of this Act that prohibits that person from discriminating or from committing any other act or that requires a person to comply with a provision of this Act or regulations made under it, includes an organisation, public body or other entity;
“premises” includes any immovable property;
F7 [ ‘ proceedings ’ means —
( a ) proceedings before the person, body or court dealing with a request or reference under this Act by or on behalf of a person, and
( b ) any subsequent proceedings, including proceedings on appeal, arising from the request or reference,
but does not include proceedings for an offence under this Act; ]
“prohibited conduct” means discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of, a person in contravention of this Act;
F8 [ ‘ provision ’ means a term in a contract or a requirement, criterion, practice, regime, policy or condition affecting a person; ]
“refusal” includes a deliberate omission;
“religious belief” includes religious background or outlook;
“ service” means a service or facility of any nature which is available to the public generally or a section of the public, and without prejudice to the generality of the foregoing, includes—
( a) access to and the use of any place,
( b) facilities for—
(i) banking, insurance, grants, loans, credit or financing,
(ii) entertainment, recreation or refreshment,
(iii) cultural activities, or
(iv) transport or travel,
( c) a service or facility provided by a club (whether or not it is a club holding a certificate of registration under the Registration of Clubs Acts, 1904 to 1999) which is available to the public generally or a section of the public, whether on payment or without payment, and
( d) a professional or trade service,
but does not include pension rights (within the meaning of the Employment Equality Act, 1998) or a service or facility in relation to which that Act applies;
“sexual orientation” means heterosexual, homosexual or bisexual orientation;
“Traveller community” means the community of people who are commonly called Travellers and who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland.
(2) In this Act, unless the contrary intention appears—
( a) a reference to a section or Part is to a section or Part of this Act,
( b) a reference to a subsection, paragraph or other subdivision is to the subsection, paragraph or subdivision of the provision in which the reference occurs, and
( c) a reference to an enactment is to that enactment as amended by or under any other enactment, including this Act.
F8 [ (3) In any proceedings a respondent is presumed, unless the contrary is shown, to fail to do something when —
( a ) the respondent does an act inconsistent with doing it, or
( b ) the period expires during which the respondent might reasonably have been expected to do it. ]
Annotations:
Amendments:
F1
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(a)(i), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F2
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(2)(a) and (c), S.I. No. 648 of 2010.
F3
Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(a)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F4
Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 12, S.I. No. 610 of 2015.
F5
Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(a), S.I. No. 274 of 2008.
F6
Deleted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(2)(b), S.I. No. 648 of 2010.
F7
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 47(a)(i), commenced on enactment.
F8
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 47(a)(ii) and (b), commenced on enactment.
Modifications (not altering text):
C5
References to “Equality Authority” construed (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 44(2), S.I. No. 449 of 2014.
Transfer of functions to Commission
44.— …
(2) References in any enactment or instrument under an enactment to the Human Rights Commission or the Equality Authority, as the case may be (howsoever described) shall be construed as references to the Commission save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.
…
1 OJ L373, 21.12.2004, p. 37
Discrimination (general).
3.— F9 [ (1) For the purposes of this Act discrimination shall be taken to occur —
( a ) where a person is treated less favourably than another person is, has been or would be treated in a comparable situation F10 [ on any of the grounds specified in subsection (2) or, if appropriate, subsection (3B) , ] (in this Act referred to as the ‘ discriminatory grounds ’ ) which —
(i) exists,
(ii) existed but no longer exists,
(iii) may exist in the future, or
(iv) is imputed to the person concerned,
( b ) where a person who is associated with another person —
(i) is treated, by virtue of that association, less favourably than a person who is not so associated is, has been or would be treated in a comparable situation, and
(ii) similar treatment of that other person on any of the discriminatory grounds would, by virtue of paragraph ( a ), constitute discrimination,
or
( c ) where an apparently neutral provision F10 [ would put a person ] referred to in any paragraph of section 3(2) at a particular disadvantage compared with other persons, unless the provision is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. ]
(2) As between any two persons, the discriminatory grounds (and the descriptions of those grounds for the purposes of this Act) are:
( a) that one is male and the other is female (the “gender ground”),
( b) that they are of different F11 [ civil status ] (the “ F11 [ civil status ] ground”),
( c) that one has family status and the other does not or that one has a different family status from the other (the “family status ground”),
( d) that they are of different sexual orientation (the “sexual orientation ground”),
( e) that one has a different religious belief from the other, or that one has a religious belief and the other has not (the “religion ground”),
( f) subject to subsection (3), that they are of different ages (the “age ground”),
( g) that one is a person with a disability and the other either is not or is a person with a different disability (the “disability ground”),
( h) that they are of different race, colour, nationality or ethnic or national origins (the “ground of race”),
( i) that one is a member of the Traveller community and the other is not (the “Traveller community ground”),
( j) that one—
(i) has in good faith applied for any determination or redress provided for in Part II or III,
(ii) has attended as a witness before the Authority, the F12 [ adjudication officer ] or a court in connection with any inquiry or proceedings under this Act,
(iii) has given evidence in any criminal proceedings under this Act,
(iv) has opposed by lawful means an act which is unlawful under this Act, or
(v) has given notice of an intention to take any of the actions specified in subparagraphs (i) to (iv),
and the other has not (the “victimisation ground”).
F9 [ (3) (a) Treating a person who has not attained the age of 18 years less favourably or more favourably than another, whatever that person ’ s age shall not be regarded as discrimination on the age ground.
(b) Paragraph (a) does not apply in relation to the provision of motor vehicle insurance to licensed drivers under that age.
(3A) In any proceedings statistics are admissible for the purpose of determining whether discrimination has occurred by virtue of subsection (1)(c) . ]
F13 [ (3B) For the purposes of section 6(1)(c) , the discriminatory grounds shall (in addition to the grounds specified in subsection (2) ) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8) ), housing assistance (construed in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014 ) or any payment under the Social Welfare Acts and the other is not (the “ housing assistance ground ” ). ]
(4) The Minister shall, not later than two years after the commencement of this section, review the operation of this Act to assess whether there is a need to add to the discriminatory grounds specified in subsection (2).
Annotations:
Amendments:
F9
Substituted and inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 48(a) and (b), commenced on enactment.
F10
Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 13(a)(i) and (ii), S.I. No. 610 of 2015.
F11
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(3), S.I. No. 648 of 2010.
F12
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(c), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F13
Inserted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 13(b), S.I. 610 of 2015.
Disposal of premises and provision of accommodation.
6.—(1) A person shall not discriminate in—
( a) disposing of any estate or interest in premises,
( b) terminating any tenancy or other interest in premises, or
( c) F17 [ subject to subsection (1A) , providing accommodation ] or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities.
F18 [ (1A) Subsection (1)(c) is without prejudice to —
(a) any enactment or rule of law regulating the provision of accommodation, or
(b) the right of a person providing accommodation to make it a condition of the provision of that accommodation that rent supplement is paid directly to that person. ]
(2) Subsection (1) does not apply in respect of—
( a) the disposal of any estate or interest in premises by will or gift,
( b) F19 [ … ]
( c) any disposal of such an estate or interest, or any provision of accommodation or of any services or amenities relating to accommodation, which is not available to the public generally or a section of the public,
F20 [ ( d ) the provision of accommodation by a person in a part (other than a separate and self-contained part) of the person ’ s home, or where the provision of the accommodation affects the person ’ s private or family life or that of any other person residing in the home, or ]
or
( e) the provision of accommodation to persons of one gender where embarrassment or infringement of privacy can reasonably be expected to result from the presence of a person of another gender.
(3) References in subsection (2) to the disposal of an estate or interest in premises or the provision of accommodation or of any services or amenities relating to accommodation include references to the termination of any tenancy or other interest in those premises or ceasing to provide such accommodation, services or amenities.
(4) F19 [ … ]
(5) Where any premises or accommodation are reserved for the use of persons in a particular category of persons for a religious purpose or as a refuge, nursing home, retirement home, home for persons with a disability or hostel for homeless persons or for a similar purpose, a refusal to dispose of the premises or provide the accommodation to a person who is not in that category does not, for that reason alone, constitute discrimination.
(6) Nothing in subsection (1) shall be construed as prohibiting—
( a) a housing authority, pursuant to its functions under the Housing Acts, 1966 to 1998, or
( b) a body approved under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 ,
from providing, in relation to housing accommodation, different treatment to persons based on family size, family status, F21 [ civil status ], disability, age or membership of the Traveller community.
F22 [ (7) ( a ) Nothing in subsection (1) shall be construed as prohibiting, in relation to housing accommodation provided by or on behalf of the Minister, different treatment to persons on the basis of nationality, gender, family size, family status, F21 [ civil status ] , disability, age or membership of the Traveller community.
( b ) Nothing in paragraph (a) shall derogate from any of the obligations of the State under the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003 or any Act adopted by an institution of those Communities. ]
F18 [ (8) In this section, ‘ rent supplement ’ means a payment made under section 198 (3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable by a person in respect of his or her residence. ]
Annotations:
Amendments:
F17
Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 14(a), S.I. No. 610 of 2015.
F18
Inserted (1.01.2015) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 14(b) and (c), S.I. No. 610 of 2015.
F19
Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 49(a), commenced on enactment.
F20
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 49(b), commenced on enactment.
F21
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(3), S.I. No. 648 of 2010.
F22
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 49(c), commenced on enactment.
Educational establishments.
7.—(1) In this section “educational establishment” means a preschool service within the meaning of Part VII of the Child Care Act, 1991 , a primary or post-primary school, an institution providing adult, continuing or further education, or a university or any other third-level or higher-level institution, whether or not supported by public funds.
(2) An educational establishment shall not discriminate in relation to—
( a) the admission or the terms or conditions of admission of a person as a student to the establishment,
( b) the access of a student to any course, facility or benefit provided by the establishment,
( c) any other term or condition of participation in the establishment by a student, or
( d) the expulsion of a student from the establishment or any other sanction against the student.
(3) An educational establishment does not discriminate under subsection (2) by reason only that—
( a) where the establishment is not a third-level institution and admits students of one gender only, it refuses to admit as a student a person who is not of that gender,
( b) where the establishment is an institution established for the purpose of providing training to ministers of religion and admits students of only one gender or religious belief, it refuses to admit as a student a person who is not of that gender or religious belief,
( c) where the establishment is a school providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school,
( d) without prejudice to section 3 of the Refugee Act, 1996, where the establishment is an institution providing adult, continuing or further education or a university or other third-level institution—
(i) it provides different treatment in relation to—
F23 [ (I) the fees for admission or attendance by persons who are citizens of Ireland, nationals of another Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area and persons who are not, or ]
(II) the allocation of places at the establishment to those nationals and other nationals,
or
(ii) it offers assistance to particular categories of persons—
(I) by way of sponsorships, scholarships, bursaries or other awards, being assistance which is justifiable, having regard to traditional and historical considerations, or
(II) in relation to the allocation of places at the establishment, where the allocation is made pursuant to an agreement concerning the exchange of students made between the establishment and an educational institution or authority in a jurisdiction other than the State,
or
( e) where the establishment is a university or other third-level institution, it provides different treatment in the allocation of places at the establishment to mature students (within the meaning of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992).
(4) Subsection (2) does not apply—
( a) in respect of differences in the treatment of students on the gender, age or disability ground in relation to the provision or organisation of sporting facilities or sporting events, to the extent that the differences are reasonably necessary having regard to the nature of the facilities or events, or
( b) to the extent that compliance with any of its provisions in relation to a student with a disability would, by virtue of the disability, make impossible, or have a seriously detrimental effect on, the provision by an educational establishment of its services to other students.
F24 [ (5) ( a ) In this subsection ‘ grants ’ means grants to assist persons to attend or continue to attend —
(i) an institution providing adult, continuing or further education,
(ii) a university, or
(iii) any other third-level or higher-level institution,
whether or not supported by public funds.
( b ) The Minister for Education and Science does not discriminate where he or she —
(i) requires grants to be restricted to persons who are F23 [ citizens of Ireland, nationals of a Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area ] , or
(ii) requires F23 [ such citizens or nationals ] and other persons to be treated differently in relation to the making of grants. ]
F25 [ (6) In this section, ‘ member state of the European Economic Area ’ means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement. ]
Annotations:
Amendments:
F23
Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 15(a), (b), S.I. No. 610 of 2015.
F24
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 50, commenced on enactment.
F25
Inserted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 15(c), S.I. No. 610 of 2015.
Discriminating clubs.
8.—(1) In this section—
“certificate of registration”, in relation to a club, means the certificate of registration of the club under the Registration of Clubs Acts, 1904 to 1999;
“club” means a club that has applied for or holds a certificate of registration.
(2) For the purposes of this section—
( a) a club shall be considered to be a discriminating club if—
(i) it has any rule, policy or practice which discriminates against a member or an applicant for membership, or
(ii) a person involved in its management discriminates against a member or an applicant for membership in relation to the affairs of the club,
( b) without prejudice to the generality of paragraph (a), any of the following acts, if done by a club or a person involved in its management on any of the discriminatory grounds, is evidence that the club is a discriminating club:
(i) refusing to admit a person to membership;
(ii) providing different terms and conditions of membership for members or applicants for membership;
(iii) terminating the membership of a person or subjecting a member to any other sanction; or
(iv) refusing or failing, in contravention of section 4(1) , to do all that is reasonable to accommodate the needs of a member, or an applicant for membership, with a disability.
(3) Any person, including the Authority (in this section referred to as “the applicant”), may, on application to the District Court (in this section referred to as “the Court”), request that the Court make a determination as to whether a club is a discriminating club.
(4) An application may be dismissed by the Court if it is found to have been brought in bad faith or to be frivolous or vexatious or to relate to a trivial matter.
(5) A copy of the application shall be served by the applicant, by personal service or by post, on the club and on such members, officers and employees of the club (if any) and such other persons (if any) as the Court may by order direct and the application shall be considered by the Court, providing to the applicant, the club and to any such members, officers, employees and other persons a reasonable opportunity to make representations.
(6) After considering the representations, the Court shall—
( a) make an order in writing setting out its determination as to whether or not the club is a discriminating club, and
( b) cause a copy of the order to be transmitted to the Minister.
(7) ( a) Where—
(i) the Court makes an order under subsection (6)(a) setting out its determination that a club is a discriminating club, and
(ii) the order is the first such order in relation to the club,
the Court shall include in the order a provision suspending the certificate of registration of the club for a period not exceeding 30 days.
( b) Where the Court makes any subsequent such order, section 10 shall apply and have effect in relation to it.
(8) ( a) The applicant, the club or any other person on whom a copy of the application under subsection (3) was served may, within 42 days after the order, appeal to the Circuit Court against the order or a provision of the order suspending the certificate of registration.
( b) On an appeal against the order the Circuit Court may by order—
(i) in case the District Court has determined that the club is not a discriminating club, either—
(I) affirm the order, or
(II) allow the appeal, make a determination that theclub is a discriminating club and, if the determination is the first such determination in relation to the club, suspend the certificate of registration of the club for a period not exceeding 30 days,
(ii) in any other case—
(I) affirm the order,
(II) where the order includes a provision suspending the certificate of registration, affirm the determination of the District Court but vary the period of suspension, or
(III) allow the appeal.
( c) On an appeal which is only against a provision of the order suspending the certificate of registration, the Circuit Court may by order vary the period of suspension.
( d) The Circuit Court shall cause a copy of its order to be sent to the Minister.
(9) A period of suspension of a certificate of registration provided for in an order under subsection (6)(a) shall commence—
( a) if no appeal is made against the order or the period of suspension, on the 50th day after the order is made, or
( b) if such an appeal is made and the order is affirmed, or the period of suspension is affirmed or varied, on the 50th day after the order is made on the appeal,
and shall end—
(i) if no appeal is made against the order or the period of suspension, on the expiration of the period of suspension provided for in the order,
(ii) if such an appeal is made and the order or period of suspension is affirmed, on the expiration of the period of suspension so provided for, or
(iii) if on appeal the period of suspension is varied, on the expiration of the period as so varied.
(10) Where an appeal against an order under subsection (6)(a) (other than an order referred to in subsection (7)(a)) is not brought, the order shall come into effect on the 50th day after it is made.
(11) An order under this section suspending the certificate of registration of a club shall, while it is in force, have effect for the purposes of the Registration of Clubs Acts, 1904 to 1999, as if no certificate under those Acts had been granted in respect of the club for the period of suspension.
(12) No employee who is working in a club during any period of suspension of the club’s certificate of registration shall be disadvantaged by reason of the suspension in his or her employment during that period.
(13) For the purpose of subsection (12)“employee” means any person who works under a contract of employment with an employer or is a regular part-time employee as defined in section 1 of the Worker Protection (Regular Part-Time Employees) Act, 1991 .
(14) The Minister shall cause particulars of an order under subsection (6)(a) and of any order made by the Circuit Court on appeal to be published or made available in such form and manner as the Minister considers appropriate in the circumstances—
( a) after the expiration of 50 days from the making of the order under subsection (6)(a), or
( b) if the order has been appealed against, after the appeal has been finally determined.
(15) A club that is determined by the District Court under this section to be a discriminating club may at any time, on application to that Court, request that it make a determination as to whether the club continues to be a discriminating club and, where an application is made, the provisions of this section shall apply in the same manner and to the same extent as if the application were made under subsection (3) , except that a copy of the application shall, unless the Court otherwise directs, be served by the club, by personal service or by post, on the person who was the original applicant, if possible, and on such other persons as the Court may by order direct.
Non-discriminating clubs.
9.—(1) For the purposes of section 8 , a club shall not be considered to be a discriminating club by reason only that—
( a) if its principal purpose is to cater only for the needs of—
(i) persons of a particular gender, F26 [ civil status ], family status, sexual orientation, religious belief, age, disability, nationality or ethnic or national origin,
(ii) persons who are members of the Traveller community, or
(iii) persons who have no religious belief,
it refuses membership to other persons,
( b) it confines access to a membership benefit or privilege to members within the category of a particular gender or age, where—
(i) it is not practicable for members outside the category to enjoy the benefit or privilege at the same time as members within the category, and
(ii) arrangements have been made by the club which offer the same or a reasonably equivalent benefit or privilege both to members within the category and to members outside the category,
( c) it has different types of membership, access to which is not based on any discriminatory ground,
( d) for the purpose of reducing or eliminating the effect of any rule or practice of the club (whether adopted before or after the commencement of this section) restricting access to particular types of membership to persons of a particular gender it offers concessionary rates, fees or membership arrangements to persons who were or are disadvantaged by any such rule or practice, or
( e) it provides different treatment to members in the category of a particular gender, age, disability, nationality or national origin in relation to sporting facilities or events and the different treatment is relevant to the purpose of the facilities or events and is reasonably necessary.
(2) For the purposes of section 8 , a club shall not be considered to be a discriminating club by reason only that it—
( a) has, for the principal purpose of promoting equality, a reserved place or places on its board or committee of management for persons who are members of a particular category, or
( b) takes other measures for the principal purpose of obtaining a more equal involvement in club matters of persons who are members of a particular category.
Annotations:
Amendments:
F26
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(3), S.I. No. 648 of 2010.
Further provision in relation to discriminating clubs.
10.—(1) Notwithstanding anything in the Registration of Clubs Acts, 1904 to 1999—
( a) subject to paragraph (b), while an order under section 8 determining that a club is a discriminating club remains in effect, no certificate of registration under those Acts shall be granted to or renewed for the benefit of the club, or
( b) where an order under section 8 has been made determining that a club is a discriminating club and an application under subsection (15) of that section in respect of the club is pending, the certificate of registration of the club under those Acts may be renewed in accordance with those Acts but shall cease to be in force—
(i) on the expiration of one year after the date of the renewal, if no determination under section 8 has been made within that period in respect of the club, or
(ii) on the date of a determination under section 8 that the club has not ceased to be a discriminating club,
whichever first occurs.
(2) In this section “order under section 8 ” does not include an order under that section providing for the suspension of the certificate of registration of the club concerned under the Registration of Clubs Acts, 1904 to 1999