Equality Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
32

51
Public authorities: general
(1)
It is unlawful for a public authority exercising a function to do any act which
constitutes discrimination.
(2)
In subsection (1)—
(a)
“public authority” includes any person who has functions of a public
5
nature (subject to subsections (3) and (4)), and
(b)
“function” means function of a public nature.
(3)
The prohibition in subsection (1) shall not apply to—
(a)
the House of Commons,
(b)
the House of Lords,
10
(c)
the authorities of either House of Parliament,
(d)
the Security Service,
(e)
the Secret Intelligence Service,
(f)
the Government Communications Headquarters, or
(g)
a part of the armed forces of the Crown which is, in accordance with a
15
requirement of the Secretary of State, assisting the Government
Communications Headquarters.
(4)
The prohibition in subsection (1) shall not apply to—
(a)
the exercise of a judicial function (whether in connection with a court
or a tribunal),
20
(b)
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),
(c)
preparing, passing (or making), confirming, approving or considering
an enactment (including legislation made by or by virtue of a Measure
of the General Synod of the Church of England),
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(d)
the making of an instrument by a Minister of the Crown under an
enactment,
(e)
the making of an instrument by the Scottish Ministers or a member of
the Scottish Executive under an enactment,
(f)
a decision of any of the following kinds taken in accordance with rules
30
under section 3(2) of the Immigration Act 1971 (c. 77) (“immigration
rules”) or anything done for the purposes of or in pursuance of a
decision of any of those kinds—
(i)
a decision to refuse entry clearance or leave to enter the United
Kingdom on the grounds that the exclusion of the person from
35
the United Kingdom is conducive to the public good,
(ii)
a decision to cancel leave to enter or remain in the United
Kingdom on the grounds that the exclusion of the person from
the United Kingdom is conducive to the public good,
(iii)
a decision to refuse an application to vary leave to enter or
40
remain in the United Kingdom on the grounds that it is
undesirable to permit the person to remain in the United
Kingdom,
(iv)
a decision to vary leave to enter or remain in the United
Kingdom on the grounds that it is undesirable to permit the
45
person to remain in the United Kingdom;

(but this exception does not have effect in relation to harassment),
(g)
a decision in connection with an application for entry clearance or for
leave to enter or remain in the United Kingdom or anything done for

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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the purposes of or in pursuance of a decision of that kind (whether or
not the decision is taken in pursuance of a provision of immigration
rules) if the decision is taken on the grounds—
(i)
that a person holds an office or position in connection with a
religion or belief or provides services in connection with a
5
religion or belief,
(ii)
that a religion or belief is not to be treated in the same way as
certain other religions or beliefs, or
(iii)
that the exclusion from the United Kingdom of a person to
whom paragraph (i) applies is conducive to the public good;
10

(but this exception does not have effect in relation to harassment),
(h)
a decision taken, or guidance given, by the Secretary of State in
connection with a decision of a kind specified in paragraph (f) or (g)
(but this exception does not have effect in relation to harassment),
(i)
a decision taken in accordance with guidance given by the Secretary of
15
State in connection with a decision of a kind specified in paragraph (f)
or (g) (but this exception does not have effect in relation to harassment),
(j)
a decision not to institute or continue criminal proceedings (and
anything done for the purpose of reaching, or in pursuance of, such a
decision),
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(k)
action in relation to—
(i)
the curriculum of an educational institution,
(ii)
admission to an educational institution which has a religious
ethos,
(iii)
acts of worship or other religious observance organised by or on
25
behalf of an educational institution (whether or not forming
part of the curriculum),
(iv)
the governing body of an educational institution which has a
religious ethos,
(v)
transport to or from an educational institution, or
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(vi)
the establishment, alteration or closure of educational
institutions,
(l)
the exercise of the power under section 2 of the Local Government Act
2000 (c. 22) (promotion of well-being), or
(m)
action which—
35
(i)
is unlawful by virtue of another provision of this Part or by
virtue of a provision of the Employment Equality (Religion or
Belief) Regulations 2003 (S.I. 2003/1660), or
(ii)
would be unlawful by virtue of another provision of this Part
other than section 45, or by virtue of a provision of those
40
regulations, but for an express exception.
(5)
In an action under section 65 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 65 proceedings
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on the grounds of prejudice to criminal proceedings or to a criminal
investigation, unless satisfied that the proceedings or investigation will
not be prejudiced.
(6)
Section 69(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—
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Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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(a)
if the respondent or potential respondent reasonably asserts that to
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
5
instituting or not continuing criminal proceedings,
(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
10
(e)
where the failure occurs in circumstances specified for the purposes of
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
15
(b)
a decision whether to institute criminal proceedings, and
“enactment” includes an enactment in or under an Act of the Scottish
Parliament.
(8)
An order under subsection (6)(c) to (e)—
(a)
may include transitional or incidental provision,
20
(b)
may make provision generally or only for specified cases or
circumstances,
(c)
may make different provision for different cases or circumstances,
(d)
shall be made by statutory instrument, and
(e)
shall be subject to annulment in pursuance of a resolution of either
25
House of Parliament.
(9)
In the application of this section to proceedings in Scotland—
(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
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sisting proceedings, and
(d)
a reference to the respondent or potential respondent shall be taken as
a reference to the defender or potential defender.
Other unlawful acts
52
Discriminatory practices
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(1)
It is unlawful for a person to operate a practice which 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” means discrimination which is
unlawful by virtue of any of sections 45 to 51.
(4)
Proceedings in respect of a contravention of this section may be brought only—
(a)
by the Commission for Equality and Human Rights, and

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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(b)
in accordance with sections 20 to 24.
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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.
5
(2)
In subsection (1) the reference to unlawful discrimination is a reference to
discrimination which is unlawful by virtue of any of sections 45 to 51.
(3)
Proceedings in respect of a contravention of subsection (1) may be brought
only—
(a)
by the Commission for Equality and Human Rights, and
10
(b)
in accordance with section 25.
(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
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advertisement to be published, that subsection (1) would not apply,
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).
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(6)
A person guilty of an offence under subsection (5) shall be liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
54
Instructing or causing discrimination
(1)
It is unlawful for a person to instruct another to unlawfully discriminate.
(2)
It is unlawful for a person to cause or attempt to cause another to unlawfully
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discriminate.
(3)
It is unlawful for a person to induce or attempt to induce another to unlawfully
discriminate.
(4)
For the purposes of subsection (3) inducement may be direct or indirect.
(5)
In this section a reference to unlawful discrimination is a reference to
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discrimination which is unlawful by virtue of any of sections 45 to 51.
(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 25.
General exceptions
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55
Statutory requirements
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,

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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(b)
an Act of the Scottish Parliament,
(c)
legislation made or to be made—
(i)
by a Minister of the Crown,
(ii)
by Order in Council,
(iii)
by the Scottish Ministers or a member of the Scottish Executive,
5
(iv)
by the National Assembly for Wales, or
(v)
by or by virtue of a Measure of the General Synod of the Church
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).
10
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Organisations relating to religion or belief
(1)
This section applies to an organisation the purpose of which is—
(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,
15
(d)
to enable persons of a religion or belief to receive any benefit, or to
engage in any activity, within the framework of that religion or belief,
or
(e)
to improve relations, or maintain good relations, between persons of
different religions or beliefs.
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(2)
But this section does not apply to an organisation whose sole or main purpose
is commercial.
(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—
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(a)
to restrict membership of the organisation,
(b)
to restrict participation in activities undertaken by the organisation or
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
30
auspices, or
(d)
to restrict the use or disposal of premises owned or controlled by the
organisation.
(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
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functions in connection with or in respect of an organisation to which
this section relates, or
(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.
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(5)
But subsections (3) and (4) permit a restriction only if imposed—
(a)
by reason of or on the grounds of the purpose of the organisation, or
(b)
in order 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
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religion, or other person, who—

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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(a)
performs functions in connection with a religion or belief to which an
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.
5
57
Charities relating to religion or belief
(1)
Nothing in this Part shall make it unlawful for a person to provide benefits
only to persons of a particular religion or belief, if—
(a)
he acts in pursuance of a charitable instrument, and
(b)
the restriction of benefits to persons of that religion or belief is imposed
10
by reason of or on the grounds of the provisions of the charitable
instrument.
(2)
Nothing in this Part shall make it unlawful for the Charity Commissioners for
England and Wales or the holder of the Office of the Scottish Charity Regulator
to exercise a function in relation to a charity in a manner which appears to the
15
Commissioners or to the holder to be expedient in the interests of the charity,
having regard to the provisions of the charitable instrument.
(3)
In this section “charitable instrument”—
(a)
means an instrument establishing or governing a charity, and
(b)
includes a charitable instrument made before the commencement of
20
this section.
58
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
within the framework of, a specified religion or belief—
25
(a)
to restrict the provision of goods, facilities or services, or
(b)
to restrict the use or disposal of premises.
(2)
But subsection (1) permits a restriction only if imposed—
(a)
by reason of or on the grounds of the purpose of the institution, or
(b)
in order to avoid causing offence, on grounds of the religion or belief to
30
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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Membership requirement
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(1)
Nothing in this Part shall make it unlawful for a charity to require members, or
persons wishing to become members, to make a statement which asserts or
implies membership or acceptance of a religion or belief.
(2)
Subsection (1) shall apply to the imposition of a requirement by a charity only
if—
40
(a)
the charity, or an organisation of which the charity is part, first imposed
a requirement of the kind specified in subsection (1) before 18th May
2005, and

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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(b)
the charity or organisation has not ceased since that date to impose a
requirement of that kind.
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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
5
religion or belief, or
(b)
providing ancillary benefits in connection with meeting the needs
mentioned in paragraph (a).
61
Care within family
Nothing in this Part shall make it unlawful for a person to take into his home,
10
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).
62
National security
Nothing in this Part shall make unlawful anything which is done for, and
15
justified by, the purpose of safeguarding national security.
63
Amendment of exceptions
(1)
The Secretary of State may by order amend this Part so as to—
(a)
create an exception to a prohibition under section 51(1), or,
(b)
vary an exception to a prohibition under this Part.
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(2)
Before making an order under subsection (1) the Secretary of State shall consult
the Commission for Equality and Human Rights.
(3)
An order under subsection (1)—
(a)
may include transitional, incidental or consequential provision
(including provision amending an enactment (including an enactment
25
in or under an Act of the Scottish Parliament)),
(b)
may make provision generally or only for specified cases or
circumstances,
(c)
may make different provision for different cases or circumstances,
(d)
shall be made by statutory instrument, and
30
(e)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
Enforcement
64
Restriction of proceedings
(1)
Except as provided by this Act, no proceedings, whether criminal or civil, may
35
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,