Potentially the letting of premises may be affected by Discrimination Law. The relevant legislation is The Equality Xxx 0000. In particular, it should be noted that a refusal to provide (or less favourable provision of) goods, facilities and services on racial grounds constitutes direct discrimination. Similar action on the grounds that someone is, for example, a Muslim, can amount to “indirect discrimination” where this affects some racial groups more than others and cannot be justified. There has been a case in England on the issue which concerned a Church Hall. The Equality Act prohibits discrimination on the ground of religion or belief in the provision of goods, facilities and services (which includes the letting of premises). However, it is not unlawful under the Act for a religious organisation to restrict the use or disposal of premises owned by or controlled by the organisation on such grounds. Such restrictions must however be imposed (a) by reason of or on the grounds of the religious organisation’s purposes or (b) in order to avoid causing offence on the grounds of that organisation’s religion or belief, to a person of that religion or belief. Similarly, discrimination in the provision of goods, facilities and services on the ground of sexual orientation is illegal. There are exemptions for religious organisations but these will only apply where it is necessary to do so ‘in order to comply with the doctrine of the organisation’ or because the restriction needs to be imposed ‘so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers’. The exemptions cannot however be relied upon where a church is exercising public functions on behalf of a public authority – perhaps by receiving funding from the local Council to run an after school club. Legally, the topic is a very complicated one and much will turn on the facts of individual cases. In appropriate cases, legal advice should therefore be sought. Congregations should also bear in mind the provisions of the relevant General Assembly legislation on this topic, namely the Act anent Discrimination (G.A. Act V, 2007). xxxx://xxx.xxxxxxxxxxxxxxxx.xxx.xx/extranet/xchurchlaw/downloads/xchurchlaw2007 act05.doc
