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
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(5)
In an action under section 67 in respect of a contravention of this section—
(a)
the court shall not grant an injunction unless satisfied that it will not
prejudice criminal proceedings or a criminal investigation, and
(b)
the court shall grant any application to stay the section 67 proceedings
on the grounds of prejudice to criminal proceedings or to a criminal
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investigation, unless satisfied that the proceedings or investigation will
not be prejudiced.
(6)
Section 71(4) shall not apply in relation to a reply, or a failure to reply, to a
question in connection with an alleged contravention of this section—
(a)
if the respondent or potential respondent reasonably asserts that to
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have replied differently or at all might have prejudiced criminal
proceedings or a criminal investigation,
(b)
if the respondent or potential respondent reasonably asserts that to
have replied differently or at all would have revealed the reason for not
instituting or not continuing criminal proceedings,
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(c)
where the reply is of a kind specified for the purposes of this paragraph
by order of the Secretary of State,
(d)
where the reply is given in circumstances specified for the purposes of
this paragraph by order of the Secretary of State, or
(e)
where the failure occurs in circumstances specified for the purposes of
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this paragraph by order of the Secretary of State.
(7)
In this section—
“criminal investigation” means—
(a)
an investigation into the commission of an alleged offence, and
(b)
a decision whether to institute criminal proceedings, and
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“enactment” includes an Act of the Scottish Parliament.
(8)
An order under subsection (4)(j) or (6)(c) to (e)—
(a)
may include transitional or incidental provision,
(b)
may make provision generally or only for specified cases or
circumstances,
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(c)
may make different provision for different circumstances,
(d)
shall be made by statutory instrument, and
(e)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(9)
In this application of this section to proceedings in Scotland—
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(a)
a reference to the court shall be taken as a reference to the sheriff,
(b)
a reference to an injunction shall be taken as a reference to an interdict,
(c)
a reference to staying proceedings shall be taken as a reference to
sisting proceedings, and
(d)
a reference to the respondent or potential respondent shall be taken as
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a reference to the defender or potential defender.
Other unlawful acts
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Discriminatory practices
(1)
It is unlawful for a person to operate a practice which—
(a)
results in unlawful discrimination or harassment, or
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Equality Bill
Part 2 — Discrimination on grounds of religion or belief
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(b)
would be likely to result in unlawful discrimination if applied to
persons of any religion or belief.
(2)
It is unlawful for a person to adopt or maintain a practice or arrangement in
accordance with which in certain circumstances a practice would be operated
in contravention of subsection (1).
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(3)
In this section “unlawful discrimination or harassment” means discrimination
or harassment which is unlawful by virtue of any of sections 48 to 54.
(4)
Proceedings in respect of a contravention of this section may be brought only—
(a)
by the Commission for Equality and Human Rights, and
(b)
in accordance with sections 22 to 27.
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Discriminatory advertisements
(1)
It is unlawful to publish an advertisement, or to cause an advertisement to be
published, if it indicates (expressly or impliedly) an intention by any person to
discriminate unlawfully.
(2)
In subsection (1) the reference to unlawful discrimination is a reference to
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discrimination which is unlawful by virtue of any of sections 48 to 54.
(3)
Proceedings in respect of a contravention of subsection (1) may be brought
only—
(a)
by the Commission for Equality and Human Rights, and
(b)
in accordance with section 27.
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(4)
A person who publishes an advertisement shall not be liable in proceedings
under that section in respect of the publication of the advertisement if he
proves that—
(a)
he published in reliance on a statement, made by a person causing the
advertisement to be published, that subsection (1) would not apply,
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and
(b)
that it was reasonable to rely on that statement.
(5)
A person commits an offence if he knowingly or recklessly makes a false
statement of the kind mentioned in subsection (4)(a).
(6)
A person guilty of an offence under subsection (5) shall be liable on summary
30
conviction to a fine not exceeding level 5 on the standard scale.
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Instructing or causing discrimination or harassment
(1)
It is unlawful for a person to instruct another to unlawfully discriminate or to
unlawfully harass.
(2)
It is unlawful for a person to cause or attempt to cause another to unlawfully
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discriminate or to unlawfully harass.
(3)
It is unlawful for a person to induce or attempt to induce another to unlawfully
discriminate or to unlawfully harass.
(4)
For the purposes of subsection (3) inducement may be direct or indirect.
(5)
In this section a reference to unlawful discrimination or harassment is a
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reference to discrimination or harassment which is unlawful by virtue of any
of sections 48 to 54.

Equality Bill
Part 2 — Discrimination on grounds of religion or belief
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(6)
Proceedings in respect of a contravention of this section may be brought only—
(a)
by the Commission for Equality and Human Rights, and
(b)
in accordance with section 27.
General exceptions
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Statutory requirements
5
Nothing in this Part shall make it unlawful to do anything which is necessary,
or in so far as it is necessary, for the purpose of complying with—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
legislation made or to be made—
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(i)
by a Minister of the Crown,
(ii)
by Order in Council,
(iii)
by the Scottish Ministers or a member of the Scottish Executive,
(iv)
by the National Assembly for Wales, or
(v)
by or by virtue of a Measure of the General Synod of the Church
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of England, or
(d)
a condition or requirement imposed by a Minister of the Crown by
virtue of anything listed in paragraphs (a) to (c).
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Organisations relating to religion or belief
(1)
This section applies to an organisation the purpose of which is—
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(a)
to practice a religion or belief,
(b)
to advance a religion or belief,
(c)
to teach the practice or principles of a religion or belief,
(d)
to enable persons of a religion or belief to share any benefit, or to
engage in any activity, within the framework of that religion or belief,
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or
(e)
to improve relations, or maintain good relations, between persons of
different religions or beliefs.
(2)
But this section does not apply to an organisation whose sole or main purpose
is commercial.
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(3)
Nothing in this Part shall make it unlawful for an organisation to which this
section applies or anyone acting on behalf of or under the auspices of an
organisation to which this section applies—
(a)
to restrict membership of the organisation,
(b)
to restrict participation in activities undertaken by the organisation or
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on its behalf or under its auspices,
(c)
to restrict the provision of goods, facilities or services in the course of
activities undertaken by the organisation or on its behalf or under its
auspices, or
(d)
to restrict the use of premises owned or controlled by the organisation.
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(4)
Nothing in this Part shall make it unlawful for a minister—
(a)
to restrict participation in activities carried on in the performance of his
functions in connection with or in respect of an organisation to which
this section relates, or

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Part 2 — Discrimination on grounds of religion or belief
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(b)
to restrict the provision of goods, facilities or services in the course of
activities carried on in the performance of his functions in connection
with or in respect of an organisation to which this section relates.
(5)
But subsections (3) and (4) permit a restriction only in so far as it is necessary—
(a)
having regard to the purpose of the organisation, or
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(b)
to avoid causing offence, on grounds of the religion or belief to which
the organisation relates, to persons of that religion or belief.
(6)
In subsection (4) the reference to a minister is a reference to a minister of
religion, or other person, who—
(a)
performs functions in connection with a religion or belief to which an
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organisation, to which this section applies, relates, and
(b)
holds an office or appointment in, or is accredited, approved or
recognised for purposes of, an organisation to which this section
applies.
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Charities relating to religion or belief
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(1)
Nothing in this Part shall make it unlawful for a person who provides benefits
to provide them only to persons of a particular religion or belief, if he acts in
pursuance of a provision of a charitable instrument.
(2)
In this section “charitable instrument”—
(a)
means an instrument establishing or governing a charity, and
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(b)
includes a charitable instrument made before the commencement of
this section.
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Faith schools, &c.
(1)
Nothing in this Part shall make it unlawful for an educational institution
established or conducted for the purpose of providing education relating to, or
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within the framework of, a specified religion or belief—
(a)
to restrict the provision of goods, facilities or services, or
(b)
to restrict the use of premises.
(2)
But subsection (1) permits a restriction only in so far as it is necessary—
(a)
having regard to the purpose of the institution, or
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(b)
to avoid causing offence, on grounds of the religion or belief to which
the institution relates, to persons connected with the institution.
(3)
In this Part a reference to the provision of facilities or services shall not, in so
far as it applies to an educational institution, include a reference to educational
facilities or educational services provided to students of the institution.
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Education, training and welfare
Nothing in this Part shall make it unlawful to do anything by way of—
(a)
meeting special needs for education, training or welfare of persons of a
religion or belief, or
(b)
providing ancillary benefits in connection with meeting the needs
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mentioned in paragraph (a).