|
| | |
| |
| | |
| |
| | |
| | |
| | Equality Bill [Lords], As Amended
|
|
| | |
| | | Age discrimination: statutory duty of public authorities |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | A public authority shall in carrying out its functions have due regard to the need |
|
| | | |
| | | (a) | eliminate unlawful discrimination and harrassment on grounds of age, |
|
| | | (b) | promote equality of opportunity between persons of different ages, and |
|
| | | (c) | promote good relations between persons of different ages. |
|
| | | |
| | | (a) | “public authority” includes any person who has functions of a public |
|
| | | nature (subject to subsections (3) and (4)), |
|
| | | (b) | “functions” means functions of a public nature, and |
|
| | | (c) | the reference to unlawful discrimination shall be treated as including a |
|
| | | reference to contravention of terms of contracts having effect in |
|
| | | accordance with Schedule 5 to the Employment Equality (Age) |
|
| | | |
| | | (3) | The duty in subsection (1) shall not apply to— |
|
| | | (a) | the House of Commons, |
|
| | | |
| | | (c) | the Scottish Parliament, |
|
| | | (d) | the General Synod of the Church of England, |
|
| | | (e) | the Security Service, |
|
| | | (f) | the Secret Intelligence Service, |
|
| | | (g) | the Government Communications Headquarters, |
|
| | | (h) | a part of the armed forces of the Crown which is, in accordance with a |
|
| | | requirement of the Secretary of State, assisting the Government |
|
| | | Communications Headquarters, or |
|
| | | (i) | a person specified for the purposes of this paragraph by order of the |
|
| | | Secretary of State (and a person may be specified generally or only in |
|
| | | respect of specified functions). |
|
|
| |
| | |
| | |
| |
| | | (4) | The duty in subsection (1) shall not apply to the exercise of— |
|
| | | (a) | a function in connection with proceedings in the House of Commons or |
|
| | | |
| | | (b) | a function in connection with proceedings in the Scottish Parliament |
|
| | | (other than a function of the Scottish Parliamentary Corporate Body), |
|
| | | (c) | a judicial function (whether in connection with a court or a tribunal), |
|
| | | (d) | a function exercised on behalf of or on the instructions of a person |
|
| | | exercising a judicial tribunal (whether in connection with a court or a |
|
| | | |
| | | (e) | a function specified for the purposes of this paragraph by order of the |
|
| | | |
| | | (5) | Subsection (1)(b) is without prejudice to the effect of any exception to or |
|
| | | limitation of the law about age discrimination. |
|
| | | (6) | A failure in respect of performance of the duty under subsection (1) does not |
|
| | | confer a cause of action at private law. |
|
| | | (7) | An order under subsection (3)(i) or subsection (4)(e) may not be made unless the |
|
| | | Secretary of State has consulted the Commission. |
|
| | | (8) | This section binds the Crown.’. |
|
| | |
| | | Age discrimination: specific duties of public authorities |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | The Secretary of State may by order impose on a person to whom the duty in |
|
| | | section [Age discrimination: statutory duty of public authorities] (1) applies, or |
|
| | | insofar as that duty applies to a person, a duty which he thinks will ensure better |
|
| | | perormance of the duty under that section. |
|
| | | (2) | Before making an order under subsection (1) the Secretary of State shall consult |
|
| | | |
| | | (3) | The Secretary of State— |
|
| | | (a) | must consult the National Assembly for Wales before making an order |
|
| | | under subsection (1) in respect of a person exercising functions in |
|
| | | |
| | | (b) | may not, without the consent of the National Assembly for Wales, make |
|
| | | an order under subsection (1) in respect of a person all of whose functions |
|
| | | are public functions in relation to Wales. |
|
| | | (4) | A failure in respect of performance of duty imposed under subsection (1) does not |
|
| | | confer a cause of action at private law.’. |
|
| | |
|
| |
| | |
| | |
| |
| | | Age discrimination: specific duties (Scotland) |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Section [Age discrimination: statutory duty of public authorities] (1) shall not |
|
| | | apply in relation to a person who is a relevant Scottish authority or a cross-border |
|
| | | |
| | | (2) | The Secretary of State may by order impose on a cross-border authority to whom |
|
| | | the duty under section [Age discrimination: statutory duty of public authorities] |
|
| | | (1) applies, or insofar as that duty applies to the cross-border authority, a duty |
|
| | | which the Secretary of State thinks will ensure better performance of the duty |
|
| | | under section [Age discrimination: statutory duty of public authorities] (1) to the |
|
| | | extent that the cross-border authority’s functions are not Scottish functions. |
|
| | | (3) | The Scottish Ministers may by order impose on a relevant Scottish authority to |
|
| | | whom the duty under section [Age discrimination: statutory duty of public |
|
| | | authorities] (1) applies, or insofar as that duty applies to the relevant Scottish |
|
| | | authority, a duty which the Scottish Ministers think will ensure better |
|
| | | performance of the duty under section [Age discrimination: statutory duty of |
|
| | | |
| | | (4) | The Scottish Ministers may by order impose cross-border authority to whom the |
|
| | | duty under section [Age discrimination: statutory duty of public authorities] (1) |
|
| | | applies, or insofar as that duty applies to the cross-border authority, a duty which |
|
| | | the Scottish Ministers think will ensure better performance of the duty under |
|
| | | section [Age discrimination: statutory duty of public authorities] (1), to the extent |
|
| | | that the cross-border authority’s functions are Scottish functions. |
|
| | | (5) | Before making an order under any of subsection (2) to (4) the person making the |
|
| | | order shall consult the Commission. |
|
| | | (6) | Before making an order under subsection (2) the Secretary of State shall consult |
|
| | | |
| | | (7) | Before making an order under subsection (4) the Scottish Ministers shall consult |
|
| | | |
| | | (8) | A failure in respect of performance of a duty imposed under this section does not |
|
| | | confer a cause of action at private law. |
|
| | | (9) | In this section “relevant Scottish authority” has the meaning— |
|
| | | (a) | a member of the Scottish Executive or a junior Scottish Minister, |
|
| | | (b) | the Registrar General of Births, Deaths and Marriages for Scotland, the |
|
| | | Keeper of the Registers of Scotland or the Keeper of the Records of |
|
| | | |
| | | (c) | an office of a description specified in an Order in Council under section |
|
| | | 126(8)(b) of the Scotland Act 1998 (c. 46) (other non-ministerial offices |
|
| | | in the Scottish Administration), or |
|
| | | (d) | a public body, public office or holder of a public office— |
|
| | | (i) | which is not a cross-border authority or the Scottish |
|
| | | Parliamentary Corporate Body, |
|
| | | (ii) | whose functions are exercisable only in or as regards Scotland, |
|
| | | |
| | | (iii) | some at least of whose functions do not relate to reserved matters |
|
| | | (within the meaning of the Scotland Act 1998). |
|
| | | |
| | | “cross-border authority” means a cross-border public authority within the |
|
| | | meaning given by section 88(5) of the Scotland Act 1998.
|
|
|
| |
| | |
| | |
| |
| | | |
| | | “Scottish functions” means functions which are exercisable in or as regards |
|
| | | Scotland and which do not relate to reserved matters (within the meaning of the |
|
| | | |
| | | (11) | An order under subsection (3) or (4) is subject to annulment in pursuance of a |
|
| | | resolution of the Scottish Parliament.’. |
|
| | |
| | | Age discrimination: enforcement |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | This section applies where the Commission thinks that a person has failed to |
|
| | | comply with a duty imposed under section [Age discrimination: duties of public |
|
| | | authorities] or [Age discrimination: specific duties (Scotland)]. |
|
| | | (2) | The Commission may give the person a notice requiring him— |
|
| | | (a) | to comply with the duty, and |
|
| | | (b) | to give the Commission, within the period of 28 days beginning with the |
|
| | | date on which he receives the notice, written information of the steps |
|
| | | being taken for the purpose of complying with the duty. |
|
| | | (3) | A notice under this section may require a person to give the Commission |
|
| | | information required by the Commission for the purposes of assessing |
|
| | | compliance with the duty; in which case the notice shall specify— |
|
| | | (a) | the period within which the information is to be given (which shall begin |
|
| | | with the date on which the notice is received and shall not exceed three |
|
| | | |
| | | (b) | the manner and form in which the information is to be given. |
|
| | | (4) | A person who receives a notice under this section shall comply with it. |
|
| | | (5) | A notice under this section shall not oblige a person to give information that he |
|
| | | could not be compelled to give in proceedings before the High Court or the Court |
|
| | | |
| | | (6) | If the Commission thinks that a person, to whom a notice under this section has |
|
| | | been given, has failed to comply with a requirement of the notice, the |
|
| | | Commission may apply to a county court (in England and Wales) or to the sheriff |
|
| | | (in Scotland) for an order requiring the person to comply.’. |
|
| | |
| | | Age discrimination: codes of practice |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | The Commission may issue a code of practice about the performance of— |
|
|
| |
| | |
| | |
| |
| | | (a) | the duty under section [Age discrimination: statutory duty of public |
|
| | | |
| | | (b) | a duty imposed under section [Age discrimination: statutory duty of |
|
| | | public authorities] or [Age discrimination: specific duties (Scotland)]. |
|
| | | (2) | Sections 14 and 15 shall apply to a code under this section. |
|
| | | (3) | The Secretary of State shall consult the Scottish Ministers and the National |
|
| | | Assembly for Wales before— |
|
| | | (a) | approving a draft under section 14 as applied by subsection (2) above, or |
|
| | | (b) | making an order under section 14 as applied by subsection (2) above.’. |
|
| | |
| | | Public authorities and human rights |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | This section applies to any establishment or agency within the scope of sections |
|
| | | 1 to 4 of the Care Standards Act 2000. |
|
| | | (2) | Any care establishment or agency is deemed to be a public authority in relation |
|
| | | to the provision of care services subject to the Care Standards Act for the purpose |
|
| | | of section 6 of the Human Rights Act 1998.’. |
|
| | |
| | | Provision for left-handed people |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘In the Disability Discrimination Act 1995, after section 1(2) there is inserted— |
|
| | | “(3) | For the purposes of this Act the meaning of “disability” includes |
|
| | | someone who is predominantly left-handed.”’. |
|
| | |
| | | Provision relating to height |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘In the Disability Discrimination Act 1995, after section 1(2) there is inserted— |
|
|
