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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General
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Aiding unlawful acts
(1)
It is unlawful knowingly to help another person (whether or not as his
employee or agent) to do anything which is unlawful under this Part.
(2)
A person commits an offence if he knowingly or recklessly makes a false
5
statement, in connection with assistance sought from another, that a proposed
act is not unlawful under this Part.
(3)
A person guilty of an offence under subsection (2) shall be liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
74
Employers’ and principals’ liability
10
(1)
Anything done by a person in the course of his employment shall be treated for
the purposes of this Part as done by the employer as well as by the person.
(2)
Anything done by a person as agent for another shall be treated for the
purposes of this Part as done by the principal as well as by the agent.
(3)
It is immaterial for the purposes of this section whether an employer or
15
principal knows about or approves of an act.
(4)
In proceedings under this Part against a person in respect of an act alleged to
have been done by his employee it shall be a defence for the employer to
provide that he took such steps as were reasonably practicable to prevent the
employee—
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(a)
from doing the act, or
(b)
from doing acts of that kind in the course of his employment.
(5)
Subsections (1) and (2) shall not apply to the commission of an offence under
section 56.
75
Police
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(1)
This section applies to—
(a)
a constable who is a member of a police force maintained under the
Police Act 1996 (c. 16) or the Police (Scotland) Act 1967 (c. 77),
(b)
a special constable appointed for a police area in accordance with either
of those Acts, and
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(c)
a person appointed as a police cadet in accordance with either of those
Acts.
(2)
A person to whom this section applies shall be treated for the purposes of this
Part as the employee of his chief officer of police; and anything done by the
person in the performance or purported performance of his functions shall be
35
treated as done in the course of that employment.
(3)
There shall be paid out of the police fund—
(a)
compensation, costs or expenses awarded against a chief officer of
police in proceedings brought against him under this Part;
(b)
costs or expenses incurred by a chief officer of police in proceedings
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brought against him under this Part so far as not recovered in the
proceedings;

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Part 2 — Discrimination on grounds of religion or belief
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(c)
sums required by a chief officer of police for the settlement of a claim
made against him under this Part if the settlement is approved by the
police authority.
(4)
A police authority may pay out of the police fund—
(a)
damages or costs awarded in proceedings under this Part against a
5
person under the direction and control of the chief officer of police;
(b)
costs incurred and not recovered by such a person in such proceedings;
(c)
sums required in connection with the settlement of a claim that has or
might have given rise to such proceedings.
76
Indirect provision of benefit, &c.
10
A reference in this Part to providing a service, facility or benefit of any kind
includes a reference to facilitating access to the service, facility or benefit.
77
Employment Equality Regulations
For regulation 2(1) of the Employment Equality (Religion or Belief)
Regulations 2003 (S.I. 2003/1660) (definition of “religion or belief”)
15
substitute—
“(1)
In these Regulations—
(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,
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and
(d)
a reference to belief includes a reference to lack of belief.”
78
Crown application
(1)
Section 54 binds the Crown.
(2)
The remainder of this Part applies to an act done on behalf of the Crown as it
25
applies to an act done by a private person.
(3)
For the purposes of subsection (2) an act is done on behalf of the Crown if (and
only if) done—
(a)
by or on behalf of a Minister of the Crown,
(b)
by or on behalf of the Scottish Ministers,
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(c)
by a government department,
(d)
by a body established by an enactment (including an enactment in or
under an Act of the Scottish Parliament) acting on behalf of the Crown,
(e)
by or on behalf of the holder of an office established by an enactment
(including an enactment in or under an Act of the Scottish Parliament)
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acting on behalf of the Crown, or
(f)
by or on behalf of an office-holder in the Scottish Administration
(within the meaning of section 126(7) of the Scotland Act 1998 (c. 46)).
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Interpretation
(1)
In this Part “charity”—
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Equality Bill
Part 3 — Public Functions: Sex Discrimination
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(a)
in relation to England and Wales, has the meaning given by the
Charities Act 2005, and
(b)
in relation to Scotland, means a recognised body within the meaning
given by section 1(7) of the Law Reform (Miscellaneous Provisions)
(Scotland) Act 1990 (c. 40).
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(2)
In this Part—
(a)
a reference to action includes a reference to deliberate omission, and
(b)
a reference to refusal includes a reference to deliberate omission.
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Territorial application
(1)
This Part applies in relation to anything done in Great Britain.
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(2)
This Part also applies to the provision of—
(a)
facilities for travel on a British ship, a British hovercraft or a British
aircraft, and
(b)
benefits, facilities or services provided on a British ship, a British
hovercraft or a British aircraft.
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(3)
Section 54, in so far as it relates to granting entry clearance (within the meaning
of the Immigration Acts), applies to anything done whether inside or outside
the United Kingdom.
(4)
In this section—
“British aircraft” means an aircraft registered in Great Britain,
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“British hovercraft” means a hovercraft registered in Great Britain, and
“British ship” means a ship which is—
(a)
registered in Great Britain, or
(b)
owned by or used for purposes of the Crown.
(5)
This section shall not make it unlawful to do anything in or over a country
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other than the United Kingdom, or in or over the territorial waters of a country
other than the United Kingdom, for the purpose of complying with a law of the
country.
Part 3
Public Functions: Sex Discrimination
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81
Prohibition of discrimination
(1)
In the Sex Discrimination Act 1975 (c. 65) the following shall be inserted at the
beginning of Part III (discrimination in non-employment fields)—
“21A
Public authorities
(1)
It is unlawful for a public authority exercising a function to do any act
35
which constitutes discrimination.
(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.
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(3)
The prohibition in subsection (1) shall not apply to—

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Part 3 — Public Functions: Sex Discrimination
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(a)
the House of Commons,
(b)
the House of Lords,
(c)
the Security Service,
(d)
the Secret Intelligence Service,
(e)
the Government Communications Headquarters, or
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(f)
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 the functions and
actions listed in the Table of Exceptions in subsection (9).
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(5)
The Secretary of State may by order amend the Table of Exceptions.
(6)
In an action under section 66 in respect of a contravention of this
section—
(a)
the court shall not grant an injunction or interdict unless
satisfied that it will not prejudice criminal proceedings or a
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criminal investigation, and
(b)
the court shall grant any application to stay or sist the section 66
proceedings on the grounds of prejudice to criminal
proceedings or to a criminal investigation, unless satisfied that
the proceedings or investigation will not be prejudiced.
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(7)
Section 74(2)(b) shall not apply in relation to a respondent’s reply, or a
failure to reply, to a question in connection with an alleged
contravention of this section—
(a)
if the respondent reasonably asserts that to have replied
differently or at all might have prejudiced criminal proceedings
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or a criminal investigation,
(b)
if the respondent reasonably asserts that to have replied
differently or at all would have revealed the reason for not
instituting or not continuing criminal proceedings,
(c)
where the reply is of a kind specified for the purposes of this
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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 this paragraph by order of the Secretary of State.
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(8)
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.
(9)
The following is the Table of Exceptions referred to in subsection (4).

Legislation

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1
Preparing, making, or considering—

(a)
an Act of Parliament,

(b)
a Bill for an Act of Parliament,

(c)
an Act of the Scottish Parliament, or

(d)
a Bill for an Act of the Scottish Parliament.

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2
Preparing, making, confirming, approving, or considering legislation

made or to be made—

(a)
by a Minister of the Crown,

(b)
by Order in Council,

(c)
by the Scottish Ministers or any member of the Scottish

5

Executive,

(d)
by the National Assembly for Wales, or

(e)
by or by virtue of a Measure of the General Synod of the

Church of England.

3
Action which is necessary, or in so far as it is necessary, for the

10

purpose of complying with—

(a)
an Act of Parliament,

(b)
an Act of the Scottish Parliament, or

(c)
legislation of a kind described in Item 2.

The courts, &c.

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4
A judicial function (whether in connection with a court or a tribunal).

5
Anything done on behalf of or on the instructions of a person

exercising a judicial function (whether in connection with a court or a

tribunal).

6
A decision not to institute or continue criminal proceedings.

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7
Anything done for the purpose of reaching, or in pursuance of, a

decision not to institute or continue criminal proceedings.

Separate services, &c.

8
The provision of a service for one sex only where only persons of that

sex require the service.

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9
The provision of separate services for each sex where a joint service

would or might be less effective.

10
The provision of a service for one sex only where—

(a)
the service is also provided jointly for both sexes, and

(b)
if the service were provided only jointly it would or might be

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insufficiently effective.

11
The provision of a service for one sex only where—

(a)
if the service were provided for both sexes jointly it would or

might be less effective, and

(b)
the extent to which the service is required by the other sex

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makes it not reasonably practicable to provide separate

services for that sex.

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Part 3 — Public Functions: Sex Discrimination
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12
The provision of separate services for each sex in different ways or to

different extents where—

(a)
if the service were provided for both sexes jointly it would or

might be less effective, and

(b)
the extent to which the service is required by one sex makes it

5

not reasonably practicable to provide the service for that sex in

the same way or to the same extent as for the other sex.

13
Action taken for the purpose of assisting one sex to overcome—

(a)
a disadvantage (as compared with the other sex), or

(b)
the effects of discrimination.

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Miscellaneous

14
The exercise of a function of the Charity Commissioners for England

and Wales in relation to an instrument in relation to which section 43

applies.

15
Action which is unlawful by virtue of another provision of this Act.

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16
Action which would be unlawful by virtue of another provision of this

Act but for an express exception.”

(2)
In section 17(5) of the Sex Discrimination Act 1975 (c. 65) (police) for “by virtue
of subsection (1)” substitute “by virtue of subsection (1) or (1A)”.
(3)
In section 81 of that Act (orders)—
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(a)
in subsection (2) after “sections” insert “21A,”, and
(b)
after subsection (2) insert—
“(2A)
An order under section 21A(5) may not be made unless—
(a)
the Secretary of State has consulted the Commission,
and
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(b)
a draft has been laid before and approved by resolution
of each House of Parliament.”
(4)
In section 85 of that Act (Crown application) after subsection (3) insert—
“(3A)
Section 21A binds the Crown.”
82
General duty to promote equality, &c.
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(1)
In the Sex Discrimination Act 1975 the following shall be inserted at the
beginning of Part VIII (supplemental)—
“76A
Public authorities: general statutory duty
(1)
A public authority shall in carrying out its functions have due regard to
the need—
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(a)
to eliminate unlawful discrimination, and
(b)
to promote equality of opportunity between men and women.
(2)
In subsection (1)—
(a)
“public authority” includes any person who has functions of a
public nature (subject to subsections (3) and (4)),
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(b)
“functions” means functions of a public nature, and

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Part 3 — Public Functions: Sex Discrimination
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(c)
the reference to unlawful discrimination shall be treated as
including a reference to contravention of terms of contracts
having effect in accordance with an equality clause within the
meaning of section 1 of the Equal Pay Act 1970 (c. 41).
(3)
The duty in subsection (1) shall not apply to—
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(a)
the House of Commons,
(b)
the House of Lords,
(c)
the Scottish Parliament,
(d)
the General Synod of the Church of England,
(e)
the Security Service,
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(f)
the Secret Intelligence Service,
(g)
the Government Communications Headquarters,
(h)
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, or
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(i)
a person specified for the purpose of this paragraph by order of
the Secretary of State (and a person may be specified generally
or only in respect of specified functions).
(4)
The duty in subsection (1) shall not apply to the exercise of—
(a)
a function in connection with proceedings in the House of
20
Commons or the House of Lords,
(b)
a function in connection with proceedings in the Scottish
Parliament (other than a function of the Scottish Parliamentary
Corporate Body),
(c)
a judicial function (whether in connection with a court or a
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tribunal),
(d)
a function exercised on behalf of or on the instructions of a
person exercising a judicial function (whether in connection
with a court or a tribunal), or
(e)
a function specified for the purpose of this paragraph by order
30
of the Secretary of State.
(5)
Subsection (1)(b) is without prejudice to the effect of any exception to
or limitation of the law about sex discrimination.
(6)
A failure in respect of performance of the duty under subsection (1)
does not confer a cause of action at private law.”
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(2)
In section 81 of the Sex Discrimination Act 1975 (c. 65) (orders) after subsection
(2A) (inserted by section 81 above) insert—
“(2B)
An order under section 76A(3)(i) or (4)(e) may not be made unless the
Secretary of State has consulted the Commission.”
(3)
In section 85 of that Act (Crown application) after subsection (3A) (inserted by
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section 81 above) insert—
“(3B)
Section 76A binds the Crown.”
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Specific duties
(1)
In the Sex Discrimination Act 1975 the following shall be inserted after section