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
45

General
73
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 54.
75
Police, &c.
25
(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
30
(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;

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
46

(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.
(5)
In section 56(4) of the Serious Organised Crime and Police Act 2005 (c. 15)
10
(application of discrimination legislation to seconded staff) after paragraph (f)
insert—

“; and
(g)
section 74 of the Equality Act 2005.”
76
Indirect provision of benefit, &c.
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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”)
20
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,
25
and
(d)
a reference to belief includes a reference to lack of belief.”
78
Crown application
(1)
Section 52 binds the Crown.
(2)
The remainder of this Part applies to an act done on behalf of the Crown as it
30
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)).

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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(4)
The provisions of Parts II to IV of the Crown Proceedings Act 1947 shall apply
to proceedings against the Crown under this Part as they apply to proceedings
in England and Wales which by virtue of section 23 of that Act are treated for
the purposes of Part II of that Act as civil proceedings by or against the Crown;
but section 20 of that Act (removal of proceedings from county court to High
5
Court) shall not apply to proceedings under this Part.
(5)
The provisions of Part V of the Crown Proceedings Act 1947 shall apply to
proceedings against the Crown under this Part as they apply to proceedings in
Scotland which by virtue of the said Part are treated as civil proceedings by or
against the Crown; but the proviso to section 44 of that Act (removal of
10
proceedings from the sheriff court to the Court of Session) shall not apply to
proceedings under this Part.
79
Interpretation
(1)
In this Part “charity”—
(a)
in relation to England and Wales, has the meaning given by the
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Charities Act 2005, and
(b)
in relation to Scotland, means a body entered in the Scottish Charity
Register.
(2)
In this Part—
(a)
a reference to action includes a reference to deliberate omission, and
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(b)
a reference to refusal includes a reference to deliberate omission.
80
Territorial application
(1)
This Part applies in relation to anything done in Great Britain.
(2)
This Part also applies to the provision of—
(a)
facilities for travel on a British ship, a British hovercraft or a British
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aircraft, and
(b)
benefits, facilities or services provided on a British ship, a British
hovercraft or a British aircraft.
(3)
Section 52, 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
30
the United Kingdom.
(4)
In this section—
“British aircraft” means an aircraft registered in Great Britain,
“British hovercraft” means a hovercraft registered in Great Britain, and
“British ship” means a ship which is—
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(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
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
40
country.

Equality Bill [HL]
Part 3 — Discrimination on grounds of sexual orientation
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Part 3
Discrimination on grounds of sexual orientation
81
Regulations
(1)
The Secretary of State may by regulations make provision about discrimination
or harassment on grounds of sexual orientation.
5
(2)
In subsection (1) “sexual orientation” has the meaning given by section 36.
(3)
The regulations may, in particular—
(a)
make provision of a kind similar to Part 2 of this Act;
(b)
define discrimination;
(c)
define harassment;
10
(d)
make provision for enforcement (which may, in particular, include
provision—
(i)
creating a criminal offence of a kind similar to, and with the
same maximum penalties as, an offence created by an
enactment relating to discrimination or equality;
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(ii)
about validity and revision of contracts;
(iii)
about discriminatory advertisements;
(iv)
about instructing or causing discrimination or harassment);
(e)
provide for exceptions (whether or not of a kind similar to those
provided for by Part 2 of this Act or any other enactment relating to
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discrimination or equality);
(f)
make provision which applies generally or only in specified cases or
circumstances;
(g)
make different provision for different cases or circumstances;
(h)
include incidental or consequential provision (which may include
25
provision amending an enactment);
(i)
include transitional provision.
(4)
The regulations—
(a)
shall be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and approved by
30
resolution of each House of Parliament.
(5)
In subsection (3)(h) “enactment” includes an enactment in or under an Act of
the Scottish Parliament.
82
Regulations for Northern Ireland
(1)
The Office of the First Minister and deputy First Minister may by regulations
35
make provision about discrimination or harassment on grounds of sexual
orientation.
(2)
In subsection (1) “sexual orientation” has the same meaning as in the
Employment Equality (Sexual Orientation) Regulations (Northern Ireland)
2003 (SR 2003 No. 497).
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(3)
The regulations may, in particular—

Equality Bill [HL]
Part 4 — Public Functions
49

(a)
make provision of a kind similar to Part 3 of the Race Relations Order
(discrimination on grounds of race, etc. other than in employment field)
and Part 4 of that Order so far as it applies for the purposes of Part 3;
(b)
define discrimination;
(c)
define harassment;
5
(d)
make provision for enforcement (which may, in particular, include
provision—
(i)
creating a criminal offence of a kind similar to, and with the
same maximum penalties as, an offence created by the Race
Relations Order;
10
(ii)
about validity and revision of contracts;
(iii)
about discriminatory advertisements;
(iv)
about instructing or causing discrimination or harassment);
(e)
provide for exceptions (whether or not of a kind similar to those
provided for by Part 6 of the Race Relations Order or any other
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enactment relating to discrimination);
(f)
confer powers or impose duties or restrictions on the Equality
Commission for Northern Ireland of a kind similar to those conferred
or imposed on the Commission by Part 7 of the Race Relations Order;
(g)
make provision which applies generally or only in specified cases or
20
circumstances;
(h)
make different provision for different cases or circumstances;
(i)
include incidental or consequential provision (which may include
provision amending an enactment);
(j)
include transitional provision.
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(4)
The power to make regulations under this section is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI
1979/ 1573 (NI 12)).
(5)
Regulations may not be made under this section unless a draft has been laid
before and approved by resolution of the Northern Ireland Assembly.
30
(6)
In this section—
“the Race Relations Order” means the Race Relations (Northern Ireland)
Order 1997 (SI 1997/ 869 (NI 6);
“enactment” includes an enactment contained in or made under Northern
Ireland legislation.
35
Part 4
Public Functions
Sex discrimination
83
Prohibition of discrimination
(1)
In the Sex Discrimination Act 1975 (c. 65) the following shall be inserted at the
40
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
which constitutes—

Equality Bill [HL]
Part 4 — Public Functions
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(a)
discrimination, or
(b)
harassment within the meaning of section 4A(1) and (2), (5) and
(6).
(2)
In subsection (1)—
(a)
“public authority” includes any person who has functions of a
5
public 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,
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(c)
the Security Service,
(d)
the Secret Intelligence Service,
(e)
the Government Communications Headquarters, or
(f)
a part of the armed forces of the Crown which is, in accordance
with a requirement of the Secretary of State, assisting the
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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) (but nothing
in that Table permits anything which is prohibited by virtue of any
Community law relating to discrimination).
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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
40
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

Equality Bill [HL]
Part 4 — Public Functions
51

(b)
a decision whether to institute criminal proceedings.
(9)
The following is the Table of Exceptions referred to in subsection (4).

Legislation

1
Preparing, making, or considering—

(a)
an Act of Parliament,

5

(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.

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

made or to be made—

10

(a)
by a Minister of the Crown,

(b)
by Order in Council,

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

Executive,

(d)
by the National Assembly for Wales, or

15

(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

purpose of complying with—

(a)
an Act of Parliament,

20

(b)
an Act of the Scottish Parliament, or

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

The courts, &c.

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

25

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

tribunal).

6
A decision not to institute or continue criminal proceedings.

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

decision not to institute or continue criminal proceedings.

30

Separate services, &c.

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

sex require the service.

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

would or might be less effective.

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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

insufficiently effective.