Equality Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 1 — The Commission for Equality and Human Rights
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Unlawful
(1)
In this Part “unlawful” means contrary to a provision of the equality
enactments.
(2)
But action is not unlawful for the purposes of this Part by reason only of the
fact that it contravenes a duty under or by virtue of—
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(a)
section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65)
(public authorities duty to eliminate discrimination, &c.),
(b)
section 71 of the Race Relations Act 1976 (c. 74) (public authorities duty
to eliminate discrimination, &c.), or
(c)
Part 5 or section 49A or 49D of the Disability Discrimination Act 1995
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(c. 50) (public transport; public authorities duty to eliminate
discrimination, &c.).
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General
In this Part—
“act” includes deliberate omission,
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“communities” has the meaning given by section 11,
“the Commission” means the Commission for Equality and Human
Rights,
“disabled person” has the meaning given by section 10,
“human rights” has the meaning given by section 9,
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“race” includes colour, nationality, ethnic origin and national origin,
“religion or belief” has the same meaning as in Part 2 (as defined by
section 45), and
“sexual orientation” means an individual’s sexual orientation towards—
(a)
persons of the same sex as him or her,
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(b)
persons of the opposite sex, or
(c)
both.
Dissolution of Existing Commissions
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Dissolution
(1)
The Secretary of State may by order provide for—
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(a)
any of the former Commissions to cease to exist, or
(b)
the removal from any of the former Commissions of a specified
function.
(2)
In this Part “the former Commissions” means—
(a)
the Equal Opportunities Commission,
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(b)
the Commission for Racial Equality, and
(c)
the Disability Rights Commission.
(3)
The Secretary of State shall by exercising the power under subsection (1)
ensure that each of the former Commissions ceases to exist not later than the
end of 31st March 2009.
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Equality Bill
Part 1 — The Commission for Equality and Human Rights
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39
Transfer of property, &c.
(1)
An order under section 38(1) in respect of any of the former Commissions may
provide for the transfer to the Commission for Equality and Human Rights of
specified property, rights and liabilities of the former Commission.
(2)
The Secretary of State may give a former Commission any direction that the
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Secretary of State thinks appropriate in connection with the dissolution of the
former Commission or the establishment of the Commission for Equality and
Human Rights; and a direction may, in particular, require the former
Commission—
(a)
to provide information in connection with property, rights or liabilities;
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(b)
to provide information in connection with the exercise of functions;
(c)
to transfer specified property, rights and liabilities to a specified
person;
(d)
to make property, staff or facilities available, on such terms or
conditions as may be specified in the direction, to the Commission for
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Equality and Human Rights;
(e)
not to take action of a specified kind or in specified circumstances.
(3)
The Secretary of State may direct a former Commission to prepare a scheme for
the transfer of specified property, rights and liabilities to—
(a)
the Commission for Equality and Human Rights, or
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(b)
another person specified in the direction.
(4)
If the Secretary of State gives a direction under subsection (3)—
(a)
the former Commission shall prepare a scheme in accordance with the
direction, having consulted either the Commission for Equality and
Human Rights or the person specified under subsection (3)(b), and
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(b)
the scheme shall have effect—
(i)
when approved by the Secretary of State, and
(ii)
subject to any modifications made by him, having consulted the
former Commission and either the Commission for Equality
and Human Rights or the person specified under subsection
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(3)(b).
(5)
Where a former Commission ceases to exist by virtue of section 38(1)(a), its
property, rights and liabilities shall by virtue of this subsection vest in the
Commission for Equality and Human Rights (and this subsection operates in
addition to any transfer provided for by virtue of subsection (1) above).
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(6)
An order, direction or scheme under or by virtue of this section may, in
particular—
(a)
specify property, rights or liabilities;
(b)
specify a class or description of property, rights or liabilities;
(c)
specify property, rights or liabilities to a specified extent.
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Transfer of property: supplemental
(1)
A direction under section 39—
(a)
shall be in writing,
(b)
may be given only following consultation with the former Commission
to which the direction relates and, where the Secretary of State thinks it
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appropriate, the Commission for Equality and Human Rights, and

Equality Bill
Part 1 — The Commission for Equality and Human Rights
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(c)
may be varied or revoked by a further direction.
(2)
In so far as is appropriate as a consequence of a transfer effected by or by virtue
of section 39—
(a)
anything done by or in relation to any of the former Commissions
which has effect immediately before the transfer shall continue to have
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effect as if done by or in relation to the Commission for Equality and
Human Rights, and
(b)
anything (including any legal proceedings) which immediately before
the transfer is in the process of being done by or in relation to any of the
former Commissions may be continued by or in relation to the
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Commission for Equality and Human Rights.
(3)
In so far as is appropriate in consequence of a transfer effected by or by virtue
of section 39 a reference to any of the former Commissions in an agreement,
instrument or other document shall be treated as a reference to the
Commission for Equality and Human Rights.
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(4)
Section 39, and a direction, scheme or order under or by virtue of that section,
shall operate in relation to property, rights or liabilities—
(a)
whether or not they would otherwise be capable of being transferred,
(b)
without any instrument or other formality being required, and
(c)
irrespective of any requirement for consent that would otherwise
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apply.
(5)
A scheme or order under or by virtue of section 39 which relates to rights or
liabilities under a contract of employment—
(a)
must provide for the application of the Transfer of Undertakings
(Protection of Employment) Regulations 1981 (S.I. 1981/1794), and
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(b)
must provide that for any purpose relating to an employee of a former
commission who becomes an employee of the Commission for Equality
and Human Rights by virtue of the scheme or order—
(i)
a period of employment with the former commission shall be
treated as a period of employment with the Commission for
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Equality and Human Rights, and
(ii)
the transfer to that Commission shall not be treated as a break
in service.
Miscellaneous
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Orders and regulations
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(1)
An order of a Minister of the Crown under this Part and regulations under this
Part shall be made by statutory instrument.
(2)
An order of a Minister of the Crown under this Part and regulations under this
Part—
(a)
may make provision generally or only for specified purposes,
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(b)
may make different provision for different purposes, and
(c)
may include transitional, incidental or consequential provision.
(3)
An order or regulations under any of the following provisions shall be subject
to annulment in pursuance of a resolution of either House of Parliament—
(a)
section 30,
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Equality Bill
Part 1 — The Commission for Equality and Human Rights
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(b)
section 31,
(c)
section 38, and
(d)
Part 5 of Schedule 1.
(4)
An order under section 11(5), 16(5), 29(8) or 35(3)—
(a)
may, in particular, make consequential amendment of an enactment
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(including this Act and including an enactment in or under an Act of
the Scottish Parliament), and
(b)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(5)
An incidental provision included in an order or regulations under subsection
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(2)(c) may, in particular, impose a requirement for consent to action under or
by virtue of the order or regulations.
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Consequential amendments
Schedule 3 (consequential amendments) shall have effect.
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Transitional: the Commission
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(1)
If an order under section 89 provides for sections 1 to 3 and Schedule 1 to come
into force at a time before any of sections 8 to 34 come into force—
(a)
the period between that time and the commencement of any of sections
8 to 34 is the “transitional period” for the purposes of this section, and
(b)
the following provisions of this section shall have effect.
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(2)
During the transitional period the minimum number of Commissioners shall
be five (and not as provided by paragraph 1 of Schedule 1).
(3)
The Secretary of State shall, as soon as is reasonably practicable after making
the first appointments under that paragraph, appoint as additional members
of the Commission (to be known as Transition Commissioners)—
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(a)
a commissioner of the Equal Opportunities Commission nominated by
its chairman,
(b)
a commissioner of the Commission for Racial Equality nominated by its
chairman, and
(c)
a commissioner of the Disability Rights Commission nominated by its
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chairman.
(4)
A person may nominate himself as a Transition Commissioner.
(5)
If a Transition Commissioner ceases to be a commissioner of the Commission
whose chairman nominated him—
(a)
he shall cease to be a Transition Commissioner,
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(b)
the chairman of that Commission shall nominate a replacement, and
(c)
the Secretary of State shall appoint the nominated replacement.
(6)
A person shall hold appointment as a Transition Commissioner until a time
specified by order of the Secretary of State (subject to subsection (5)); and the
Secretary of State shall specify a time which in his opinion is not more than two
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years after the time when, by virtue of section 38, the Commission whose
chairman nominated the Transition Commissioner—
(a)
ceases to exist, or
(b)
loses its principal functions.

Equality Bill
Part 2 — Discrimination on grounds of religion or belief
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(7)
In all other respects the provisions of this Part apply in relation to a Transition
Commissioner as in relation to another Commissioner.
(8)
The Transition Commissioner nominated by the chairman of the Disability
Rights Commission shall vacate office upon the establishment of the Disability
Committee under Part 5 of Schedule 1 (and subsections (5) and (6) are subject
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to this subsection).
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Transitional: functions of the dissolved Commissions
(1)
An order under section 38(1)(a) or (b) may—
(a)
provide for a former Commission to continue to exercise a function in
respect of a transitional case of a kind specified;
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(b)
provide for the Commission for Equality and Human Rights to exercise
a function of a former Commission in respect of a transitional case of a
kind specified.
(2)
An order under section 89 commencing a provision of Schedule 3 or 4 may
include a saving or a consequential or incidental provision for the purpose of
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the operation of provision made by virtue of subsection (1) above; and the
saving, consequential or incidental provision may, in particular, include
provision applying, disapplying or modifying the application of a provision of
this Act or of another enactment (including an enactment in or under an Act of
the Scottish Parliament).
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(3)
A code of practice issued by a Commission dissolved by virtue of section 38, or
which relates to a function of a Commission removed by virtue of section
38(1)(b)—
(a)
shall continue to have effect until revoked by the Secretary of State, at
the request of the Commission for Equality and Human Rights, by
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order made by statutory instrument, and
(b)
may be revised by the Commission for Equality and Human Rights as
if it had been issued under section 15.
(4)
Consultation undertaken by a former Commission in relation to the issue or
revision of a code of practice may be relied upon by the Commission for
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Equality and Human Rights for a purpose of section 15.
Part 2
Discrimination on grounds of religion or belief
Key concepts
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Religion and belief
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In this Part—
(a)
“religion” means any religion,
(b)
“belief” means any religious or philosophical belief,
(c)
a reference to religion includes a reference to lack of religion, and
(d)
a reference to belief includes a reference to lack of belief.
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