Equality Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 2 — Discrimination on grounds of religion or belief
25

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Discrimination
(1)
A person (“A”) discriminates against another (“B”) for the purposes of this Part
if on grounds of religion or belief A treats B less favourably than he treats or
would treat others (in cases where there is no material difference in the
relevant circumstances).
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(2)
In subsection (1) the reference to religion or belief is a reference to—
(a)
a religion or belief of B or of any other person except A, and
(b)
a religion or belief to which B or any other person except A is thought
to belong or subscribe.
(3)
A person (“A”) discriminates against another (“B”) for the purposes of this Part
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if A applies to B a requirement, condition or practice—
(a)
which he applies or would apply equally to persons not of B’s religion
or belief,
(b)
which puts persons of B’s religion or belief at a disadvantage compared
to some or all others (where there is no material difference in the
15
relevant circumstances),
(c)
which puts B at a disadvantage compared to some or all persons who
are not of his religion or belief (where there is no material difference in
the relevant circumstances), and
(d)
which A cannot reasonably justify by reference to matters other than
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B’s religion or belief.
(4)
A person (“A”) discriminates against another (“B”) if A treats B less favourably
than he treats or would treat another and does so by reason of the fact that, or
by reason of A’s knowledge or suspicion that, B—
(a)
has brought or intended to bring, or intends to bring, proceedings
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under this Part,
(b)
has given or intended to give, or intends to give, evidence in
proceedings under this Part,
(c)
has provided or intended to provide, or intends to provide, information
in connection with proceedings under this Part,
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(d)
has done or intended to do, or intends to do, any other thing under or
in connection with this Part, or
(e)
has alleged or intended to allege, or intends to allege, that a person
contravened this Part.
(5)
Subsection (4) does not apply where A’s treatment of B relates to B’s making
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or intending to make, not in good faith, a false allegation.
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Harassment
(1)
For the purposes of this Part a person (“A”) harasses another (“B”) if on
grounds of religion or belief A does anything which has the purpose or effect
of—
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(a)
violating B’s dignity, or
(b)
creating an intimidating, hostile, degrading, humiliating or offensive
environment for B.
(2)
In subsection (1)—
(a)
“religion or belief” means a religion or belief of B or of any other person
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except A, and

Equality Bill
Part 2 — Discrimination on grounds of religion or belief
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(b)
a reference to a person’s religion or belief includes a reference to a
religion or belief to which he is thought to belong or subscribe.
(3)
Action by A shall be regarded as having the effect described in subsection (1)(a)
or (b) only if it should reasonably be regarded as having that effect having
regard to—
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(a)
B’s perception, and
(b)
all the other circumstances.
(4)
Where B wants A to do something, it is not harassment for the purposes of
subsection (1).
Prohibited discrimination and harassment
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Goods, facilities and services
(1)
It is unlawful for a person (“A”) concerned with the provision to the public or
a section of the public of goods, facilities or services to discriminate against a
person (“B”) who seeks to obtain or use those goods, facilities or services—
(a)
by refusing to provide B with goods, facilities or services,
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(b)
by refusing to provide B with goods, facilities or services of a quality
which is the same as or similar to the quality of goods, facilities or
services that A normally provides to—
(i)
the public, or
(ii)
a section of the public to which B belongs,
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(c)
by refusing to provide B with goods, facilities or services in a manner
which is the same as or similar to that in which A normally provides
goods, facilities or services to—
(i)
the public, or
(ii)
a section of the public to which B belongs, or
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(d)
by refusing to provide B with goods, facilities or services on terms
which are the same as or similar to the terms on which A normally
provides goods, facilities or services to—
(i)
the public, or
(ii)
a section of the public to which B belongs.
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(2)
Subsection (1) applies, in particular, to—
(a)
access to and use of a place which the public are permitted to enter,
(b)
accommodation in a hotel, boarding house or similar establishment,
(c)
facilities by way of banking or insurance or for grants, loans, credit or
finance,
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(d)
facilities for entertainment, recreation or refreshment,
(e)
facilities for transport or travel, and
(f)
the services of a profession or trade.
(3)
Where a skill is commonly exercised in different ways in relation to or for the
purposes of different religions or beliefs, a person who normally exercises it in
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relation to or for the purpose of a religion or belief does not contravene
subsection (1) by—
(a)
insisting on exercising the skill in the way in which he exercises it in
relation to or for the purposes of that religion or belief, or

Equality Bill
Part 2 — Discrimination on grounds of religion or belief
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(b)
if he reasonably considers it impracticable to exercise the skill in that
way in relation to or for the purposes of another religion or belief, to
refuse to exercise it in relation to or for the purposes of that other
religion or belief.
(4)
Subsection (1)—
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(a)
does not apply to a service provided by a person exercising a public
function, and
(b)
does not apply to a service if discrimination in relation to the provision
of that service—
(i)
is unlawful by virtue of another provision of this Part or by
10
virtue of a provision of the Employment Equality (Religion or
Belief) Regulations 2003 (S.I. 2003/1660), or
(ii)
would be unlawful by virtue of another provision of this Part or
of those regulations but for an express exception.
(5)
For the purposes of subsection (1) it is immaterial whether or not a person
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charges for the provision of goods, facilities or services.
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Premises
(1)
It is unlawful for a person to discriminate against another—
(a)
in the terms on which he offers to dispose of premises to him,
(b)
by refusing to dispose of premises to him, or
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(c)
in connection with a list of persons requiring premises.
(2)
It is unlawful for a person managing premises to discriminate against an
occupier—
(a)
in the manner in which he provides access to a benefit or facility,
(b)
by refusing access to a benefit or facility,
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(c)
by evicting him, or
(d)
by subjecting him to another detriment.
(3)
It is unlawful for a person managing premises to harass an occupier.
(4)
It is unlawful for a person concerned in the disposal of premises to harass a
person who applies to occupy premises.
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(5)
It is unlawful for a person to discriminate against another by refusing
permission for the disposal of premises to him.
(6)
This section applies only to premises in Great Britain.
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Section 49: exceptions
(1)
Section 49 shall not apply to anything done in relation to the disposal of part of
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premises by a person (“the landlord”) if—
(a)
the landlord or a near relative resides, and intends to continue to reside,
in another part of the premises,
(b)
the premises include parts (other than storage areas and means of
access) shared by residents of the premises, and
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(c)
the premises are not normally sufficient to accommodate—
(i)
in the case of premises to be occupied by households, more than
two households in addition to that of the landlord or his near
relative, or

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Part 2 — Discrimination on grounds of religion or belief
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(ii)
in the case of premises to be occupied by individuals, more than
six individuals in addition to the landlord or his near relative.
(2)
In subsection (1) “near relative” means—
(a)
spouse or civil partner,
(b)
parent or grandparent,
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(c)
child or grandchild (whether or not legitimate),
(d)
the spouse or civil partner of a child or grandchild,
(e)
brother or sister (whether of full blood or half-blood), and
(f)
any of the relationships listed in paragraphs (b) to (e) above that arises
through marriage, civil partnership or adoption.
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(3)
Section 49 shall not apply to the disposal of premises by a person who—
(a)
owns an estate or interest in the premises,
(b)
occupies the whole of the premises,
(c)
does not use the services of an estate agent for the purposes of the
disposal, and
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(d)
does not arrange for the publication of an advertisement for the
purposes of the disposal.
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Educational establishments
(1)
It is unlawful for the responsible body of an educational establishment listed
in the Table to discriminate against a person—
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(a)
in the terms on which it offers to admit him as a pupil,
(b)
by refusing to accept an application to admit him as a pupil, or
(c)
where he is a pupil of the establishment—
(i)
in the way in which it affords him access to any benefit, facility
or service,
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(ii)
by refusing him access to a benefit, facility or service,
(iii)
by excluding him from the establishment, or
(iv)
by subjecting him to any other detriment.
(2)
It is unlawful for the responsible body of an educational establishment listed
in the Table to harass—
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(a)
a pupil at the establishment, or
(b)
a person who applies to be admitted as a pupil.
(3)
In the application of this section to England and Wales—
(a)
an expression also used in any of the Education Acts (within the
meaning of section 578 of the Education Act 1996 (c. 56)) has the same
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meaning as in that Act, and
(b)
“pupil” in relation to an establishment includes any person who
receives education at the establishment.
(4)
In the application of this section to Scotland, an expression also used in the
Education (Scotland) Act 1980 (c. 44) has the same meaning as in that Act.
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Establishment
Responsible body

                               ENGLAND AND WALES

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Part 2 — Discrimination on grounds of religion or belief
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Establishment
Responsible body

School maintained by a local
Local education authority or

education authority.
governing body.

Independent school (other than
Proprietor.

a special school).

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Special school (not maintained
Proprietor.

by local education authority).

                                             SCOTLAND

Public school.
Education authority.

Grant-aided school.
Manager.

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Independent school.
Proprietor.

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Section 51: exceptions
(1)
Section 51 shall not apply in relation to—
(a)
a school designated under section 69(3) of the School Standards and
Framework Act 1998 (c. 31) (foundation or voluntary school with
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religious character),
(b)
a school listed in the register of independent schools for England or for
Wales if the school’s entry in the register records that the school has a
religious ethos,
(c)
a school transferred to an education authority under section 16 of the
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Education (Scotland) Act 1980 (c. 44) (transfer of certain schools to
education authorities) which is conducted in the interest of a church or
denominational body,
(d)
a school provided by an education authority under section 17(2) of that
Act (denominational schools),
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(e)
a grant-aided school (within the meaning of that Act) which is
conducted in the interest of a church or denominational body, or
(f)
a school registered in the register of independent schools for Scotland
if the school—
(i)
admits only pupils who belong, or whose parents belong, to one
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or more particular denominations, or
(ii)
is conducted in the interest of a church or denominational body.
(2)
Section 51(1)(c)(i), (ii) or (iv) or (2)(a) shall not apply in relation to anything
done in connection with—
(a)
the content of the curriculum, or
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(b)
religious worship.
(3)
The Secretary of State may make regulations—
(a)
amending or repealing an exception in subsection (1) or (2);
(b)
providing for an additional exception to section 51;
(c)
about the construction or application of section 46(3)(d) in relation to
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section 51.
(4)
Regulations under subsection (3)—

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Part 2 — Discrimination on grounds of religion or belief
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(a)
may include transitional or incidental provision,
(b)
may make provision generally or only in respect of specified cases or
circumstances (which may, in particular, be defined by reference to
location),
(c)
may make different provision in respect of different cases or
5
circumstances (which may, in particular, be defined by reference to
location),
(d)
shall be made by statutory instrument,
(e)
may not be made unless the Secretary of State has consulted such
persons as he thinks appropriate, and
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(f)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
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Local education authorities and education authorities
(1)
It is unlawful for a local education authority (in England and Wales) or an
education authority (in Scotland) in the exercise of their functions to
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discriminate against or harass a person.
(2)
In its application to local education authorities the prohibition in subsection (1)
shall not apply to—
(a)
the exercise of an authority’s functions under section 14 of the
Education Act 1996 (c. 56) (provision of schools),
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(b)
the exercise of an authority’s functions in relation to transport,
(c)
the exercise of an authority’s functions under section 13 of that Act
(general responsibility for education) in so far as they relate to a matter
specified in paragraph (a) or (b) above, or
(d)
the exercise of functions as the responsible body for an establishment
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listed in the Table in section 51.
(3)
In its application to education authorities the prohibition in subsection (1) shall
not apply to—
(a)
the exercise of an authority’s functions under section 17 of the
Education (Scotland) Act 1980 (c. 44) (provision etc. of schools),
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(b)
the exercise of an authority’s functions in relation to transport,
(c)
the exercise of an authority’s functions under section 1 of that Act,
section 2 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) and
sections 4 and 5 of the Education (Additional Support for Learning)
(Scotland) Act 2004 (asp 4) (duties in relation to provision of education)
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in so far as they relate to a matter specified in paragraph (a) or (b)
above,
(d)
the exercise of an authority’s functions under section 50(1) of the
Education (Scotland) Act 1980 (education of pupils in exceptional
circumstances) in so far as they consist of making arrangements of the
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kind referred to in subsection (2) of that section, or
(e)
the exercise of functions as the responsible body for an establishment
listed in the Table in section 51.
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Public authorities: general
(1)
It is unlawful for a public authority exercising a function to do any act which
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constitutes discrimination or harassment.

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Part 2 — Discrimination on grounds of religion or belief
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(2)
In subsection (1)—
(a)
“public authority” includes any person who has functions of a public
nature (subject to subsections (3) and (4)), and
(b)
“function” means function of a public nature.
(3)
The prohibition in subsection (1) shall not apply to—
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(a)
the House of Commons,
(b)
the House of Lords,
(c)
the authorities of either House of Parliament,
(d)
the Security Service,
(e)
the Secret Intelligence Service,
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(f)
the Government Communications Headquarters, or
(g)
a part of the armed forces of the Crown which is, in accordance with a
requirement of the Secretary of State, assisting the Government
Communications Headquarters.
(4)
The prohibition in subsection (1) shall not apply to—
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(a)
the exercise of a judicial function,
(b)
anything done on behalf of or on the instructions of a person exercising
a judicial function,
(c)
preparing, passing (or making), confirming, approving or considering
an enactment (including legislation made by or by virtue of a Measure
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of the General Synod of the Church of England),
(d)
the making of an instrument by a Minister of the Crown under an
enactment,
(e)
the making of an instrument by the Scottish Ministers or a member of
the Scottish Executive under an enactment,
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(f)
a decision to refuse entry clearance or to vary leave to enter or remain
in the United Kingdom, in accordance with the Immigration Acts, or
anything done for the purposes of or in pursuance of a decision of that
kind,
(g)
a decision not to institute or continue criminal proceedings (and
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anything done in pursuance of such a decision),
(h)
action in relation to—
(i)
the curriculum of an educational institution,
(ii)
admission to an educational institution which has a religious
ethos,
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(iii)
religious worship in an educational institution,
(iv)
the governing body of an educational institution which has a
religious ethos,
(v)
transport to or from an educational institution, or
(vi)
the establishment, alteration or closure of educational
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institutions,
(i)
action which—
(i)
is unlawful by virtue of another provision of this Part or by
virtue of a provision of the Employment Equality (Religion or
Belief) Regulations 2003 (S.I. 2003/1660), or
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(ii)
would be unlawful by virtue of another provision of this Part or
of those regulations but for an express exception, or
(j)
action of a kind, or in circumstances, specified for the purpose of this
paragraph by order of the Secretary of State.