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
31

48
Section 47: exceptions
(1)
Section 47 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,
5
(b)
the premises include parts (other than storage areas and means of
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
10
relative, or
(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,
15
(b)
parent or grandparent,
(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
20
through marriage, civil partnership or adoption.
(3)
Section 47(1) and (3) 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,
25
(c)
does not use the services of an estate agent for the purposes of the
disposal, and
(d)
does not arrange for the publication of an advertisement for the
purposes of the disposal.
49
Educational establishments
30
(1)
It is unlawful for the responsible body of an educational establishment listed
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—
35
(i)
in the way in which it affords him access to any benefit, facility
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.
40
(2)
In the application of this section to England and Wales—
(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
45
receives education at the establishment.

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

(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

5

education authority.
governing body.

Independent school (other than
Proprietor.

a special school).

Special school (not maintained
Proprietor.

by local education authority).

10

                                             SCOTLAND

Public school.
Education authority.

Grant-aided school.
Manager.

Independent school.
Proprietor.

50
Section 49: exceptions
15
(1)
Section 49(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
20
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 (transfer of certain schools to education
authorities) which is conducted in the interest of a church or
25
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
30
(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.
35
(2)
Section 49(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
40
curriculum).

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
33

(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 49;
(c)
make provision about the construction or application of section 45(3)(d)
in relation to section 49.
5
(4)
An order under subsection (3)—
(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
10
circumstances (which may, in particular, be defined by reference to
location),
(c)
may make different provision in respect of different cases or
circumstances (which may, in particular, be defined by reference to
location),
15
(d)
shall be made by statutory instrument,
(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
20
resolution of each House of Parliament.
51
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.
25
(2)
In its application to local education authorities the prohibition in subsection (1)
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,
30
(c)
the exercise of an authority’s functions under section 13 of that Act
(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 49.
35
(3)
In its application to education authorities the prohibition in subsection (1) shall
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,
40
(c)
the exercise of an authority’s functions under section 1 of that Act,
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)
45
above,
(d)
the exercise of an authority’s functions under section 50(1) of the
Education (Scotland) Act 1980 (education of pupils in exceptional

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
34

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
listed in the Table in section 49.
52
Public authorities: general
5
(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
nature (subject to subsections (3) and (4)), and
10
(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,
(c)
the authorities of either House of Parliament,
15
(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
requirement of the Secretary of State, assisting the Government
20
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),
(b)
anything done on behalf of or on the instructions of a person exercising
25
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),
(d)
the making of an instrument by a Minister of the Crown under an
30
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
under section 3(2) of the Immigration Act 1971 (c. 77) (“immigration
35
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
the United Kingdom is conducive to the public good,
40
(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
remain in the United Kingdom on the grounds that it is
45
undesirable to permit the person to remain in the United
Kingdom,

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
35

(iv)
a decision to vary leave to enter or remain in the United
Kingdom on the grounds that it is undesirable to permit the
person to remain in the United Kingdom,
(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
5
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
10
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,
15
(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),
(i)
a decision taken in accordance with guidance given by the Secretary of
State in connection with a decision of a kind specified in paragraph (f)
or (g),
20
(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),
(k)
action in relation to—
(i)
the curriculum of an educational institution,
25
(ii)
admission to an educational institution which has a religious
ethos,
(iii)
acts of worship or other religious observance organised by or on
behalf of an educational institution (whether or not forming
part of the curriculum),
30
(iv)
the governing body of an educational institution which has a
religious ethos,
(v)
transport to or from an educational institution, or
(vi)
the establishment, alteration or closure of educational
institutions,
35
(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—
(i)
is unlawful by virtue of another provision of this Part or by
virtue of a provision of the Employment Equality (Religion or
40
Belief) Regulations 2003 (S.I. 2003/1660), or
(ii)
would be unlawful by virtue of another provision of this Part
other than section 46, or by virtue of a provision of those
regulations, but for an express exception.
(5)
In an action under section 66 in respect of a contravention of this section—
45
(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 66 proceedings
on the grounds of prejudice to criminal proceedings or to a criminal
investigation, unless satisfied that the proceedings or investigation will
50
not be prejudiced.

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
36

(6)
Section 70(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—
(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,
5
(b)
if the respondent or potential 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 paragraph
by order of the Secretary of State,
10
(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.
(7)
In this section—
15
“criminal investigation” means—
(a)
an investigation into the commission of an alleged offence, and
(b)
a decision whether to institute criminal proceedings, and
“enactment” includes an enactment in or under an Act of the Scottish
Parliament.
20
(8)
An order under subsection (6)(c) to (e)—
(a)
may include transitional or incidental provision,
(b)
may make provision generally or only for specified cases or
circumstances,
(c)
may make different provision for different cases or circumstances,
25
(d)
shall be made by statutory instrument, and
(e)
shall be subject to annulment in pursuance of a resolution of either
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,
30
(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
sisting proceedings, and
(d)
a reference to the respondent or potential respondent shall be taken as
a reference to the defender or potential defender.
35
Other unlawful acts
53
Discriminatory practices
(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
40
accordance with which in certain circumstances a practice would be operated
in contravention of subsection (1).
(3)
In this section “unlawful discrimination” means discrimination which is
unlawful by virtue of any of sections 46 to 52.

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
37

(4)
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 sections 20 to 24.
54
Discriminatory advertisements
(1)
It is unlawful to publish an advertisement, or to cause an advertisement to be
5
published, if it indicates (expressly or impliedly) an intention by any person to
discriminate unlawfully.
(2)
In subsection (1) the reference to unlawful discrimination is a reference to
discrimination which is unlawful by virtue of any of sections 46 to 52.
(3)
Proceedings in respect of a contravention of subsection (1) may be brought
10
only—
(a)
by the Commission for Equality and Human Rights, and
(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
15
proves that—
(a)
he published in reliance on a statement, made by a person causing the
advertisement to be published, that subsection (1) would not apply,
and
(b)
that it was reasonable to rely on that statement.
20
(5)
A person commits an offence if he knowingly or recklessly makes a false
statement of the kind mentioned in subsection (4)(a).
(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.
55
Instructing or causing discrimination
25
(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
discriminate.
(3)
It is unlawful for a person to induce or attempt to induce another to unlawfully
discriminate.
30
(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
discrimination which is unlawful by virtue of any of sections 46 to 52.
(6)
Proceedings in respect of a contravention of this section may be brought only—
(a)
by the Commission for Equality and Human Rights, and
35
(b)
in accordance with section 25.