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| | Enterprise and Regulatory Reform Bill
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| | On Consideration of Lords Reasons for insisting on their Amendments to which the Commons have
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| | | Lords Amendments Nos. 35 and 36 |
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| | To move, That this House insists on its disagreement to Lords Amendment No. 36, does not |
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| | insist on its disagreement to Lords Amendment No. 35 and proposes the following consequential |
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| Page 54 , line 41, leave out ‘10’ and insert ‘10(1) and (4) to (8)’. |
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| | | Page 55 , line 4, leave out from ‘subsections’ to end of line 5 and insert ‘make further |
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| | amendments to the Equality Act 2006.’. |
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| | | Page 55 , line 17, leave out subsection (10). |
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| | To move, That this House insists on its disagreement to Lords Amendment No. 37 but proposes |
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| | the following Amendments to the Bill in lieu of the Lords Amendment:— |
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| | | Page 73, line 2, at end insert:— |
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| | | | ‘Equality Act 2010: caste as an aspect of race |
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| | | (1) | Section 9(5) of the Equality Act 2010 is amended in accordance with subsections |
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| | | (3) | In paragraph (a) (power to provide for caste to be an aspect of race) at the |
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| | | beginning insert “must by order”. |
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| | | (4) | In paragraph (b) (power to provide for exceptions to apply or not to apply to caste) |
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| | | at the beginning insert “may by order”. |
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| | | (5) | A Minister of the Crown— |
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| | | (a) | may carry out a review of the effect of section 9(5) of the Equality Act |
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| | | 2010 (and orders made under it) and whether it remains appropriate, and |
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| | | (b) | must publish a report on the outcome of any such review. |
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| | | (6) | The power under subsection (5)(a) may not be exercised before the end of the |
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| | | period of 5 years beginning with the day on which this Act is passed (but may be |
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| | | exercised on more than one occasion after that). |
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| | | (7) | If a Minister of the Crown considers it appropriate in the light of the outcome of |
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| | | a review under subsection (5), the Minister may by order repeal or otherwise |
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| | | amend section 9(5) of the Equality Act 2010. |
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| | | (8) | The power to make an order under subsection (7) includes power to make |
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| | | incidental, supplementary, consequential, transitional or saving provision, |
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| | | including doing so by amending an Act or subordinate legislation (within the |
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| | | meaning of the Interpretation Act 1978). |
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| | | (9) | An order under subsection (7) must be made by statutory instrument. |
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| | | (10) | A statutory instrument containing an order under subsection (7) may not be made |
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| | | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | | of, each House of Parliament.’. |
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| | | Page 76 , line 2, at end insert— |
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| | | ‘( ) | section (Equality Act 2010: caste as an aspect of race) extends only to |
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| | | England and Wales and Scotland;’. |
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| | | Page 76 , line 8, at end insert— |
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| | | ‘( ) | section (Equality Act 2010: caste as an aspect of race);’. |
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| | | Title, line 7, after ‘directors;’ insert ‘to amend section 9(5) of the Equality Act 2010;’. |
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