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Prohibit
the use of affirmative and positive action in recruitment and
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appointment processes; to
repeal the Sex Discrimination Act (Election |
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Candidates) Act 2002; and
for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Prohibition
of affirmative or positive action by public authorities |
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(1) |
It is unlawful for a public
authority to promote or engage in any form of |
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affirmative or positive action,
as defined in section 2, when recruiting |
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employees and making appointments.
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(2) |
Any act by a public authority
which contravenes the provisions of this Act is |
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actionable as a breach of
public duty. |
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(3) |
For the purposes of this
section “public authority” has the same meaning as
in |
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section 6 of the Human Rights
Act 1998 (c 42). |
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2 |
Definition
of “affirmative or positive action” |
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(1) |
For the purpose of this
Act, “affirmative or positive action” means any action
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that is intended to give
a benefit or encouragement to a particular group or |
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groups of people, on the
basis of the— |
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(h) |
socio-economic status |
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of
members of that group. |
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(2) |
Such
actions include, but are not restricted to, the setting and pursuit
of targets |
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in respect of any of the
characteristics specified in subsection (1) for the |
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(b) |
appointment of persons to
any scheme, programme, post or other |
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3 |
Repeal
of Sex Discrimination (Election Candidates) Act 2002 |
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(1) |
The Sex Discrimination (Election
Candidates) Act 2002 (c. 2) is repealed. |
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(2) |
The Schedule has effect.
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4 |
Short
title and commencement |
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(1) |
This Act may be cited as
the Equality and Diversity (Reform) Act 2009. |
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(2) |
This Act comes into force
six months after the date on which it is passed. |
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