The anticipated Equality Act (Sexual Orientation) Regulations 2007 have been published in draft by the Government. Once in force the Regulations will make it unlawful to discriminate on grounds of sexual orientation (meaning an individuals sexual orientation towards persons of the same sex, opposite sex, or both) in the provision of (i) goods, (ii) facilities and services, (iii) education, (iv) disposal and management of premises and (v) the exercise of public functions.
These Regulations will cover both direct and indirect discrimination (indirect discrimination being that where a person is put at a disadvantage because of their sexual orientation in a way which is not proportionate to a legitimate aim). Unlike the current version of the Sex Discrimination Regulations, private clubs will be bound by the Regulations in relation to membership rights. An exception has however been made for religious organisations and those who act (for non-commercially purposes) on their behalf.