Equality Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
28

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
(b)
if he reasonably considers it impracticable to exercise the skill in that
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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)—
(a)
does not apply in relation to the provision of goods, facilities or services
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by a person exercising a public function, and
(b)
does not apply to discrimination in relation to the provision of goods,
facilities or services if discrimination in relation to that provision—
(i)
is unlawful by virtue of another provision of this Part or by
virtue of a provision of the Employment Equality (Religion or
15
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
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
(c)
in connection with a list of persons requiring premises.
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(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,
(c)
by evicting him, or
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(d)
by subjecting him to another detriment.
(3)
It is unlawful for a person to discriminate against another by refusing
permission for the disposal of premises to him.
(4)
This section applies only to premises in Great Britain.
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Section 46: exceptions
35
(1)
Section 46(1), (2) and (5) shall not apply to anything done in relation to the
disposal or management of part of 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
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access) shared by residents of the premises, and
(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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Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
29

(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 46(1) and (5) 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
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disposal, and
(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
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in the Table to discriminate against a person—
(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
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or service,
(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)
In the application of this section to England and Wales—
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(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
meaning as in that Act, and
(b)
“pupil” in relation to an establishment includes any person who
receives education at the establishment.
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(3)
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.

Establishment
Responsible body

                               ENGLAND AND WALES

School maintained by a local
Local education authority or

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education authority.
governing body.

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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Establishment
Responsible body

Independent school (other than
Proprietor.

a special school).

Special school (not maintained
Proprietor.

by local education authority).

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                                             SCOTLAND

Public school.
Education authority.

Grant-aided school.
Manager.

Independent school.
Proprietor.

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Section 48: exceptions
10
(1)
Section 48(1) 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
religious character),
(b)
a school listed in the register of independent schools for England or for
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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
Education (Scotland) Act 1980 (c. 44) (transfer of certain schools to
education authorities) which is conducted in the interest of a church or
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denominational body,
(d)
a school provided by an education authority under section 17(2) of that
Act (denominational schools),
(e)
a grant-aided school (within the meaning of that Act) which is
conducted in the interest of a church or denominational body, or
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(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
or more particular denominations, or
(ii)
is conducted in the interest of a church or denominational body.
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(2)
Section 48(1)(c)(i), (ii) or (iv) shall not apply in relation to anything done in
connection with—
(a)
the content of the curriculum, or
(b)
acts of worship or other religious observance organised by or on behalf
of an educational establishment (whether or not forming part of the
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curriculum).
(3)
The Secretary of State may by order—
(a)
amend or repeal an exception in subsection (1) or (2);
(b)
provide for an additional exception to section 48;
(c)
make provision about the construction or application of section 44(3)(d)
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in relation to section 48.
(4)
An order under subsection (3)—

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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(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)
may make provision generally or only in respect of specified cases or
circumstances (which may, in particular, be defined by reference to
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location),
(c)
may make different provision in respect of different cases or
circumstances (which may, in particular, be defined by reference to
location),
(d)
shall be made by statutory instrument,
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(e)
may not be made unless the Secretary of State has consulted the
Scottish Ministers, the National Assembly for Wales and such other
persons as he thinks appropriate, and
(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
discriminate against a person.
(2)
In its application to local education authorities the prohibition in subsection (1)
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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),
(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
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(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
listed in the Table in section 48.
(3)
In its application to education authorities the prohibition in subsection (1) shall
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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),
(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,
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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)
in so far as they relate to a matter specified in paragraph (a) or (b)
above,
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(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
kind referred to in subsection (2) of that section, or
(e)
the exercise of functions as the responsible body for an establishment
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listed in the Table in section 48.