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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).

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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.

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(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

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(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

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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,

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(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

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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

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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

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(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,

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(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).

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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—

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(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

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(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—

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(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.

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(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—

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(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

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(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.

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