Equality and Diversity (Reform) Bill (HC Bill 82)




Prohibit the use of affirmative and positive action in recruitment and
appointment processes; to repeal the Sex Discrimination (Election Candidates)
Act 2002; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Prohibition of affirmative or positive action by public authorities

(1) Notwithstanding the provisions of the Equality Act 2010 (c. 15)Equality Act 2010 (c. 15), it is unlawful
for a public authority to promote or engage in any form of affirmative or
positive action, as defined in section 2, when recruiting employees and making

(2) Any act by a public authority which contravenes the provisions of this Act is
actionable as a breach of statutory duty.

(3) For the purposes of this section “public authority” has the same meaning as in
section 6 of the Human Rights Act 1998 (c 42)1998 (c 42).

2 10Definition of “affirmative or positive action”

(1) For the purpose of this Act, “affirmative or positive action” means any action
that is intended to give a benefit or encouragement to a particular group or
groups of people, on the basis of the—

(a) age,

(b) 15sex,

(c) sexual orientation,

(d) race,

(e) nationality,

(f) disability,

(g) 20religion, or

(h) socio-economic status

of members of that group.

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(2) Such actions include, but are not restricted to, the setting and pursuit of targets
in respect of any of the characteristics specified in subsection (1) for the
purposes of—

(a) recruitment, or

(b) 5appointment of persons to any scheme, programme, post or other
similar such position.

3 Repeal of Sex Discrimination (Election Candidates) Act 2002

(1) The Sex Discrimination (Election Candidates) Act 2002 (c. 2)2002 (c. 2) is repealed.

(2) The Schedule has effect.

4 10Short title and commencement

(1) This Act may be cited as the Equality and Diversity (Reform) Act 2011.

(2) This Act comes into force six months after the date on which it is passed.

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Section 3

Schedule Repeals

Short title and chapter Extent of repeal
Sex Discrimination (Election
Candidates) Act (c. 2)
The whole Act.