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Private members' clubs

The 'Revised Code'
means the 2006 (Revised) Code of Practice - Rights of Access: services to the public, public authority functions, private clubs and premises (pdf file on EHRC website). The 2002 Code of Practice which applied before 4th December 2006 is available on the archived DRC website.

Section references
are to DDA 1995 as amended, available on the DRC website - 'DDA and related statutes'.
This page outlines very briefly the DDA rules on private members' clubs. The rules are fully in force from 4th December 2006 - and some parts were in force earlier. There is more detail in Chapter 12 of the Revised Code. To have the rights, your stammer needs to be a 'disability' within the DDA.

Where do the rules apply?
Who has rights?
What rights?
Trade and professional organisations
Disputes

Where do the rules apply?

Because the rules on services to the public only apply to services to the general public or a section of the public, some clubs open only to members were not covered by the DDA.

The Disability Discrimination Act 2005 therefore brought in new rules covering discrimination by an association with at least 25 members, where admission to membership is regulated by its constitution (which may be unwritten rules) and the members are not a 'section of the public'. The association may or may not be incorporated.

How does one tell whether a particular club is covered by the rules on services to the public, or instead by the specific rules on private members clubs? It may not matter - the two sets of rules may come to the same result. If it does matter, the private members' club rules will only apply if the members of the association are not a section of the general public. The Revised Code says this means that the club must operate a policy of membership selection genuinely based on personal criteria - for example being nominated by exisiting members and undergoing some form of selection process such as voting by existing members (para 12.6 of Revised Code).

Simply calling a service a 'club' does not get it out of the rules on services to the public. Commercial businesses requiring membership such as a health club or video rental shop will very often be providing services to the public, and the rules on services to the public rather than the rules for private clubs will apply accordingly (para 3.11-3.12 of Revised Code).

The rules on private clubs do not necessarily apply to Northern Ireland.

Who has rights?

Broadly speaking, the following have rights in respect of private members' clubs:

What rights?

Very broadly, it is unlawful to discriminate in various respects, such as access to membership or club benefits.

Discrimination can be either by treating the person less favourably for a reason related to his disability, or by failing to make reasonable adjustments.

The duty not to treat less favourably came into effect on 5th December 2005. The duty to make reasonable adjustments came into effect on 4th December 2006 and is set out in separate regulations, namely the Disability Discrimination (Private Clubs etc.) Regulations 2005, starting at regulation 6: www.opsi.gov.uk/si/si2005/20053258.htm

The club has a possible defence of 'justification' where it can bring the situation within one of various heads. The defence is roughly similar to that applying for services to the public, but with adaptations (see para 12.37-12.49 of Revised Code).

Trade and professional organisations

The rules on private members' clubs do not cover trade and professional organisations, which fall within the employment provisions. See the 2004 Code of Practice: Trade Organisations and Qualifications Bodies (link to DRC website).

Disputes

See Services: Complaints and going to court.

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Last updated 5th January, 2007