Sexual Orientation Discrimination Bill [H.L.]

House of Commons

Session 1997-98
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Other Bills before Parliament

Sexual Orientation Discrimination Bill [H.L.]

This is the text of the Sexual Orientation Discrimination Bill [H.L.], as passed by the House of Lords and Introduced in the House of Commons on 20 July 1998

Sexual Orientation Discrimination Bill [H.L.]

ARRANGEMENT OF CLAUSES

Clause

1. Discrimination on grounds of sexual orientation.

2. Interpretation.

3. Ministers of religion, etc.

4. Discrimination in education.

5. Discriminatory practices.

6. Charities.

7. Discrimination in terms and conditions of employment.

8. Short title, commencement and extent.

A
B I L L

INTITULED
An Act to render unlawful certain kinds of discrimination on the grounds of sexual orientation.
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:-

Discrimination on grounds of sexual orientation.     1. After section 2 of the Sex Discrimination Act 1975 ("the 1975 Act"), there shall be inserted the following section-

"Discrimination on grounds of sexual orientation.     2A. - (1) A person discriminates against another person of either sex in any circumstances relevant for the purposes of any provision of this Act if-

(a) on the ground of that other person's actual or supposed sexual orientation, he treats that other person less favourably than he treats or would treat other persons; or

(b) he applies to that other person a requirement or condition which he applies or would apply equally to persons not of the same sexual orientation as that other person but which-

(i) is such that the proportion of persons of the same sexual orientation as that other person who can comply with it is considerably smaller than the proportion of persons not of that sexual orientation who can comply with it;

(ii) he cannot show to be justifiable irrespective of the sexual orientation of the person to whom it is applied; and

(iii) is to the detriment of that other person because he cannot comply with it.

    (2) For the purposes of subsection (1), a provision of this Act framed with reference to discrimination against women shall be treated as applying equally to the treatment of men, and for that purpose shall have effect with such modifications as are requisite."

Interpretation.     2. - (1) Section 5 of the 1975 Act (interpretation) shall be amended as follows.

    (2) In subsection (1), in paragraph (a) the word "and" shall be omitted, and after paragraph (b) there shall be inserted ";and

(c) references to sexual orientation discrimination refer to any discrimination falling within section 2A".

    (3) In subsection (3)-

(a) after the words "different sex", there shall be inserted the words ", sexual orientation"; and

(b) after the words "section 1(1)", there shall be inserted the word ", 2A(1)".

    (4) After that subsection there shall be inserted the following subsection-

    "(4) In this Act "sexual orientation" means a person's heterosexual, homosexual, lesbian or bisexual orientation."

Ministers of religion, etc.     3. In section 19 of the 1975 Act (ministers of religion etc.), after the words "one sex", in both places where they occur, there shall be inserted the words "or sexual orientation".

Discrimination in education.     4. - (1) In section 23 of the 1975 Act (other discrimination by local education authorities), after the words "sex discrimination", in both places where they occur, there shall be inserted the words "or sexual orientation discrimination."

    (2) In section 25(1) of the 1975 Act (general duty in public sector of education) after the words "sex discrimination" there shall be inserted the words "or sexual orientation discrimination".

Discriminatory practices.     5. In subsection (1) of section 37 of the 1975 Act (definition of discriminatory practices), after the words "section 1(1)(b)" there shall be inserted the words "or 2A(1)(b)".

Charities.     6. In subsection (2) of section 43 of the 1975 Act (exceptions for certain provisions contained in charitable instruments), after the words "relatively insignificant)" there shall be inserted the words "or certain sexual orientations only,".

Discrimination in terms and conditions of employment.     7. - (1) In subsection (3) of section 1 of the Equal Pay Act 1970 ("the 1970 Act") (requirement of equal treatment for men and women in same employment), after the words "difference of sex" there shall be inserted the words "or sexual orientation".

    (2) In section 11 of the 1970 Act (short title, interpretation and extent), after subsection (2) there shall be inserted the following subsection-

    "(2A) In this Act "sexual orientation" means a person's heterosexual, homosexual, lesbian or bisexual orientation."

Short title, commencement and extent.     8. - (1) This Act may be cited as the Sexual Orientation Discrimination Act 1998.

    (2) This Act shall come into force at the end of the period of six months beginning with the day on which it is passed.

    (3) This Act does not extend to Northern Ireland.

© Parliamentary copyright 1998
Prepared 28 October 1998