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
36

63
Care within family
Nothing in this Part shall make it unlawful for a person to take into his home,
and treat in the same manner as a member of his family, a person who requires
a special degree of care and attention (whether by reason of being a child or an
elderly person or otherwise).
5
64
National security
Nothing in this Part shall make unlawful anything which is done for, and
justified by, the purpose of safeguarding national security.
65
Amendment of exceptions
(1)
The Secretary of State may by order amend this Part so as to—
10
(a)
create an exception to a prohibition under this Part,
(b)
vary an exception to a prohibition under this Part, or
(c)
remove an exception to a prohibition under this Part.
(2)
Before making an order under subsection (1) the Secretary of State shall consult
the Commission for Equality and Human Rights.
15
(3)
An order under subsection (1)—
(a)
may include transitional, incidental or consequential provision
(including provision amending an enactment (including an enactment
in or under an Act of the Scottish Parliament)),
(b)
shall be made by statutory instrument, and
20
(c)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
Enforcement
66
Restriction of proceedings
(1)
Except as provided by this Act, no proceedings, whether criminal or civil, may
25
be brought against a person on the grounds that an act is unlawful by virtue of
this Part.
(2)
But subsection (1) does not prevent—
(a)
an application for judicial review,
(b)
proceedings under the Immigration Acts,
30
(c)
proceedings under the Special Immigration Appeals Commission Act
1997 (c. 68), or
(d)
in Scotland, the exercise of the jurisdiction of the Court of Session to
entertain an application for reduction or suspension of an order or
determination or otherwise to consider the validity of an order or
35
determination, or to require reasons for an order or determination to be
stated.
67
Claim of unlawful action
(1)
A claim that a person has done anything that is unlawful by virtue of this Part
may be brought in a county court (in England and Wales) or in the sheriff court
40

Equality Bill
Part 2 — Discrimination on grounds of religion or belief
37

(in Scotland) by way of proceedings in tort (or reparation) for breach of
statutory duty.
(2)
Proceedings in England and Wales alleging that any of the following bodies
has acted unlawfully by virtue of section 51 or 53 may not be brought unless
the claimant has given written notice to the Secretary of State; and those bodies
5
are—
(a)
a local education authority, and
(b)
the responsible body of an educational establishment listed in the Table
in section 51.
(3)
Proceedings in Scotland alleging that any of the following bodies has acted
10
unlawfully by virtue of section 51 or 53 may not be brought unless the pursuer
has given written notice to the Scottish Ministers; and those bodies are—
(a)
an education authority, and
(b)
the responsible body of an educational establishment listed in the Table
in section 51.
15
(4)
In subsection (1) the reference to a claim that a person has done an unlawful act
includes a reference to a claim that a person is to be treated by virtue of this Part
as having done an unlawful act.
(5)
In proceedings under this section, if the claimant (or pursuer) proves facts from
which the court could conclude, in the absence of a reasonable alternative
20
explanation, that an act which is unlawful by virtue of this Part has been
committed, the court shall assume that the act was unlawful unless the
respondent (or defender) proves that it was not.
68
Immigration
(1)
Proceedings may not be brought under section 67 alleging that a person has
25
acted unlawfully by virtue of section 54 if the question of the lawfulness of the
act could be raised (and has not been raised) in immigration proceedings
(disregarding the possibility of proceedings brought out of time with
permission).
(2)
If in immigration proceedings a court or tribunal has found that an act was
30
unlawful by virtue of section 54, a court hearing proceedings under section 67
shall accept that finding.
(3)
In this section “immigration proceedings” means proceedings under or by
virtue of—
(a)
the Immigration Acts, or
35
(b)
the Special Immigration Appeals Commission Act 1997 (c. 68).
69
Remedies
(1)
This section applies to proceedings under section 67.
(2)
A court may, in addition to any remedy available to it in proceedings for tort,
grant any remedy that the High Court could grant in proceedings for judicial
40
review.
(3)
A court may not award damages in proceedings in respect of an act that is
unlawful by virtue of section 46(3) if the respondent proves that there was no
intention to treat the claimant unfavourably on grounds of religion or belief.

Equality Bill
Part 2 — Discrimination on grounds of religion or belief
38

(4)
A court may award damages by way of compensation for injury to feelings
(whether or not other damages are also awarded).
(5)
In this application of this section to proceedings in Scotland—
(a)
a reference to the High Court shall be taken as a reference to the Court
of Session,
5
(b)
a reference to tort shall be taken as a reference to reparation,
(c)
a reference to the respondent shall be taken as a reference to the
defender, and
(d)
a reference to the claimant shall be taken as a reference to the pursuer.
(6)
This section is subject to section 54(5).
10
70
Timing
(1)
Proceedings under section 67 may be brought only—
(a)
within the period of six months beginning with the date of the act (or
last act) to which the proceedings relate, or
(b)
with the permission of the court in which the proceedings are brought.
15
(2)
In relation to immigration proceedings within the meaning of section 68, the
period specified in subsection (1)(a) above shall begin with the first date on
which proceedings under section 67 may be brought.
71
Information
(1)
In this section—
20
(a)
a reference to a claimant is a reference to a person who has brought
proceedings under this Part,
(b)
a reference to a potential claimant is a reference to a person who—
(i)
thinks he may have been the subject of an act that is unlawful by
virtue of this Part, and
25
(ii)
wishes to consider whether to bring proceedings under this
Part, and
(c)
a person questioned by a potential claimant for the purpose of
considering whether to bring proceedings is referred to as a potential
respondent.
30
(2)
The Secretary of State shall by order prescribe—
(a)
forms by which a claimant or potential claimant may question the
respondent or a potential respondent about the reasons for an action or
about any matter that is or may be relevant, and
(b)
forms by which a respondent or potential respondent may reply (if he
35
wishes).
(3)
A claimant’s or potential claimant’s questions, and a respondent or potential
respondent’s replies, (in each case whether or not put by a prescribed form)
shall be admissible as evidence in proceedings in respect of the act to which the
questions relate if (and only if) the questions are put—
40
(a)
within the period of six months beginning with the date of the act (or
last act) to which they relate, and
(b)
in such manner as the Secretary of State may prescribe by order.
(4)
A court may draw an inference from—

Equality Bill
Part 2 — Discrimination on grounds of religion or belief
39

(a)
a failure to reply to a claimant’s or potential claimant’s questions
(whether or not put by a prescribed form) within the period of eight
weeks beginning with the date of receipt, or
(b)
an evasive or equivocal reply to a claimant’s or potential claimant’s
questions (whether or not put by a prescribed form).
5
(5)
The Lord Chancellor may by order amend subsection (3)(a) so as to substitute
a new period for that specified.
(6)
In the application of this section to Scotland—
(a)
a reference to a claimant or potential claimant shall be taken as a
reference to a pursuer or potential pursuer, and
10
(b)
a reference to a respondent or potential respondent shall be taken as a
reference to a defender or potential defender.
(7)
An order under this section—
(a)
shall be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a resolution of either
15
House of Parliament.
(8)
This section is subject to section 54(6).
72
National security
(1)
Rules of court may make provision for enabling a county court or sheriff court
in which a claim is brought under section 67, where the court considers it
20
expedient in the interests of national security—
(a)
to exclude from all or part of the proceedings—
(i)
the claimant;
(ii)
the claimant’s representatives;
(iii)
any assessors;
25
(b)
to permit a claimant or representative who has been excluded to make
a statement to the court before the commencement of the proceedings,
or the part of the proceedings, from which he is excluded;
(c)
to take steps to keep secret all or part of the reasons for the court’s
decision in the proceedings.
30
(2)
The Attorney General or, in Scotland, the Advocate General for Scotland, may
appoint a person to represent the interests of a claimant in, or in any part of,
proceedings from which the claimant or his representatives are excluded by
virtue of subsection (1).
(3)
A person may be appointed under subsection (2) only—
35
(a)
in relation to proceedings in England and Wales, if he has a general
qualification (within the meaning of section 71 of the Courts and Legal
Services Act 1990 (c. 41)), or
(b)
in relation to proceedings in Scotland, if he is—
(i)
an advocate, or
40
(ii)
a solicitor who by virtue of section 25A of the Solicitors
(Scotland) Act 1980 (c. 46) has rights of audience in the Court of
Session or the High Court of Justiciary.
(4)
A person appointed under subsection (2) shall not be responsible to the person
whose interests he is appointed to represent.
45