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41 | Consequential amendments |
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Schedule 3 (consequential amendments) shall have effect. |
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42 | Transitional: the Commission |
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(1) | If an order under section 93 provides for any of sections 1 to 3 and Schedule 1 |
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to come into force (to any extent) at a time before any of sections 8 to 33 come |
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into force (to any extent)— |
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(a) | the period between that time and the commencement of any of sections |
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8 to 33 (to any extent) is the “transitional period” for the purposes of this |
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(b) | the following provisions of this section shall have effect. |
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(2) | During the transitional period the minimum number of Commissioners shall |
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be five (and not as provided by paragraph 1 of Schedule 1). |
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(3) | The Secretary of State shall, as soon as is reasonably practicable after making |
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the first appointments under that paragraph, appoint as additional members |
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of the Commission (to be known as Transition Commissioners)— |
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(a) | a commissioner of the Equal Opportunities Commission nominated by |
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(b) | a commissioner of the Commission for Racial Equality nominated by its |
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(c) | a commissioner of the Disability Rights Commission nominated by its |
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(4) | A person may nominate himself as a Transition Commissioner. |
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(5) | If a Transition Commissioner ceases to be a commissioner of the Commission |
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whose chairman nominated him— |
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(a) | he shall cease to be a Transition Commissioner, |
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(b) | the chairman of that Commission shall nominate a replacement, and |
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(c) | the Secretary of State shall appoint the nominated replacement. |
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(6) | A person shall hold appointment as a Transition Commissioner until a time |
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specified by order of the Secretary of State (subject to subsection (5)); and the |
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Secretary of State shall specify a time which in his opinion is not more than two |
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years after the time when, by virtue of section 37, the Commission whose |
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chairman nominated the Transition Commissioner— |
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(b) | loses its principal functions. |
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(7) | In all other respects the provisions of this Part apply in relation to a Transition |
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Commissioner as in relation to another Commissioner. |
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43 | Transitional: functions of the dissolved Commissions |
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(1) | An order under section 37(1)(a) or (b) may— |
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(a) | provide for a former Commission to continue to exercise a function in |
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respect of a transitional case of a kind specified; |
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(b) | provide for the Commission for Equality and Human Rights to exercise |
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a function of a former Commission in respect of a transitional case of a |
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(2) | An order under section 93 commencing a provision of Schedule 3 or 4 may |
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include a saving or a consequential or incidental provision for the purpose of |
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the operation of provision made by virtue of subsection (1) above; and the |
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saving, consequential or incidental provision may, in particular, include |
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provision applying, disapplying or modifying the application of a provision of |
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this Act or of another enactment (including an enactment in or under an Act of |
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the Scottish Parliament). |
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(3) | A code of practice issued by a Commission dissolved by virtue of section 37, or |
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which relates to a function of a Commission removed by virtue of section |
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(a) | shall continue to have effect until revoked by the Secretary of State, at |
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the request of the Commission for Equality and Human Rights, by |
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order made by statutory instrument, and |
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(b) | may be revised by the Commission for Equality and Human Rights as |
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if it had been issued under section 14. |
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(4) | Consultation undertaken by a former Commission in relation to the issue or |
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revision of a code of practice may be relied upon by the Commission for |
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Equality and Human Rights for a purpose of section 14. |
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(5) | An order under subsection (3)(a) shall be subject to annulment in pursuance of |
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a resolution of either House of Parliament. |
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Discrimination on grounds of religion or belief |
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(a) | “religion” means any religion, |
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(b) | “belief” means any religious or philosophical belief, |
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(c) | a reference to religion includes a reference to lack of religion, and |
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(d) | a reference to belief includes a reference to lack of belief. |
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(1) | A person (“A”) discriminates against another (“B”) for the purposes of this Part |
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if on grounds of the religion or belief of B or of any other person except A |
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(whether or not it is also A’s religion or belief) A treats B less favourably than |
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he treats or would treat others (in cases where there is no material difference in |
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the relevant circumstances). |
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(2) | In subsection (1) a reference to a person’s religion or belief includes a reference |
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to a religion or belief to which he is thought to belong or subscribe. |
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(3) | A person (“A”) discriminates against another (“B”) for the purposes of this Part |
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if A applies to B a provision, criterion or practice— |
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(a) | which he applies or would apply equally to persons not of B’s religion |
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(b) | which puts persons of B’s religion or belief at a disadvantage compared |
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to some or all others (where there is no material difference in the |
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(c) | which puts B at a disadvantage compared to some or all persons who |
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are not of his religion or belief (where there is no material difference in |
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the relevant circumstances), and |
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(d) | which A cannot reasonably justify by reference to matters other than |
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(4) | A person (“A”) discriminates against another (“B”) if A treats B less favourably |
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than he treats or would treat another and does so by reason of the fact that, or |
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by reason of A’s knowledge or suspicion that, B— |
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(a) | has brought or intended to bring, or intends to bring, proceedings |
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(b) | has given or intended to give, or intends to give, evidence in |
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proceedings under this Part, |
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(c) | has provided or intended to provide, or intends to provide, information |
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in connection with proceedings under this Part, |
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(d) | has done or intended to do, or intends to do, any other thing under or |
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in connection with this Part, or |
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(e) | has alleged or intended to allege, or intends to allege, that a person |
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(5) | Subsection (4) does not apply where A’s treatment of B relates to B’s making |
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or intending to make, not in good faith, a false allegation. |
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Prohibited discrimination |
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46 | Goods, facilities and services |
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(1) | It is unlawful for a person (“A”) concerned with the provision to the public or |
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a section of the public of goods, facilities or services to discriminate against a |
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person (“B”) who seeks to obtain or use those goods, facilities or services— |
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(a) | by refusing to provide B with goods, facilities or services, |
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(b) | by refusing to provide B with goods, facilities or services of a quality |
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which is the same as or similar to the quality of goods, facilities or |
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services that A normally provides to— |
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(ii) | a section of the public to which B belongs, |
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(c) | by refusing to provide B with goods, facilities or services in a manner |
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which is the same as or similar to that in which A normally provides |
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goods, facilities or services to— |
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(ii) | a section of the public to which B belongs, or |
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(d) | by refusing to provide B with goods, facilities or services on terms |
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which are the same as or similar to the terms on which A normally |
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provides goods, facilities or services to— |
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(ii) | a section of the public to which B belongs. |
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(2) | Subsection (1) applies, in particular, to— |
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(a) | access to and use of a place which the public are permitted to enter, |
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|
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(b) | accommodation in a hotel, boarding house or similar establishment, |
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(c) | facilities by way of banking or insurance or for grants, loans, credit or |
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(d) | facilities for entertainment, recreation or refreshment, |
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(e) | facilities for transport or travel, and |
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(f) | the services of a profession or trade. |
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(3) | Where a skill is commonly exercised in different ways in relation to or for the |
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purposes of different religions or beliefs, a person who normally exercises it in |
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relation to or for the purpose of a religion or belief does not contravene |
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(a) | insisting on exercising the skill in the way in which he exercises it in |
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relation to or for the purposes of that religion or belief, or |
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(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 |
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refuse to exercise it in relation to or for the purposes of that other |
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(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 |
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(b) | does not apply to discrimination in relation to the provision of goods, |
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facilities or services if discrimination in relation to that provision— |
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(i) | is unlawful by virtue of another provision of this Part or by |
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virtue of a provision of the Employment Equality (Religion or |
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Belief) Regulations 2003 (S.I. 2003/1660), or |
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(ii) | would be unlawful by virtue of another provision of this Part or |
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of those regulations but for an express exception. |
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(5) | For the purposes of subsection (1) it is immaterial whether or not a person |
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charges for the provision of goods, facilities or services. |
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| |
(1) | It is unlawful for a person to discriminate against another— |
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(a) | in the terms on which he offers to dispose of premises to him, |
| |
(b) | by refusing to dispose of premises to him, or |
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(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 |
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| 35 |
(a) | in the manner in which he provides access to a benefit or facility, |
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(b) | by refusing access to a benefit or facility, |
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(d) | by subjecting him to another detriment. |
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(3) | It is unlawful for a person to discriminate against another by refusing |
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permission for the disposal of premises to him. |
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(4) | This section applies only to premises in Great Britain. |
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