Page 19 of 44

Previous Next

First page 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Last page

Part 15 25General and miscellaneous

Community obligations

Equality BillPage 136

191 Harmonisation

(1) This section applies if—

(a) there is a Community obligation of the United Kingdom which a
Minister of the Crown thinks relates to the subject matter of the
5Equality Acts,

(b) the obligation is to be implemented by the exercise of the power under
section 2(2) of the European Communities Act 1972 (the implementing
power), and

(c) the Minister thinks that it is appropriate to make harmonising
10provision in the Equality Acts.

(2) The Minister may by order make the harmonising provision.

(3) Before making the order, the Minister must consult persons and organisations
the Minister thinks are likely to be affected by the harmonising provision.

(4) The consultation must be in such form or manner as the Minister thinks
15appropriate.

(5) Unless the Minister thinks that the making of the order is a matter of urgency,
the Minister must not make the order before the end of the period of 12 weeks
after the consultation starts.

(6) The Equality Acts are the Equality Act 2006 and this Act.

(7) 20Harmonising provision is provision made in relation to relevant subject matter
of the Equality Acts—

(a) which corresponds to the implementing provision, or

(b) which the Minister thinks is necessary or expedient in consequence of
or related to provision made in pursuance of paragraph (a) or the
25implementing provision.

(8) The implementing provision is provision made or to be made in exercise of the
implementing power in relation to so much of the subject matter of the
Equality Acts as implements a Community obligation.

(9) Relevant subject matter of the Equality Acts is so much of the subject matter of
30those Acts as does not implement a Community obligation.

(10) A harmonising provision may amend a provision of the Equality Acts.

(11) The reference to this Act does not include a reference to this section or Schedule
24 or to a provision specified in that Schedule.

(12) A Minister of the Crown must report to Parliament on the exercise of the power
35under subsection (2)—

(a) at the end of the period of 5 years starting on the day this section comes
into force;

(b) at the end of each succeeding period of 5 years.

Application

192 40Crown application

(1) The following provisions of this Act bind the Crown—

(a) Part 1 (public sector duty regarding socio-economic inequalities);

Equality BillPage 137

(b) Part 3 (services and public functions), so far as relating to the exercise
of public functions;

(c) Chapter 1 of Part 11 (public sector equality duty).

(2) Part 5 (work) binds the Crown as provided for by that Part.

(3) 5The remainder of this Act applies to Crown acts as it applies to acts done by a
private person.

(4) For the purposes of subsection (3), an act is a Crown act if (and only if) it is
done—

(a) by or on behalf of a member of the executive;

(b) 10by a statutory body acting on behalf of the Crown;

(c) by or on behalf of the holder of a statutory office acting on behalf of the
Crown.

(5) A statutory body or office is a body or office established by an enactment.

(6) The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to
15proceedings against the Crown under this Act as they apply to proceedings in
England and Wales which, as a result of section 23 of that Act, are treated for
the purposes of Part 2 of that Act as civil proceedings by or against the Crown.

(7) The provisions of Part 5 of that Act apply to proceedings against the Crown
under this Act as they apply to proceedings in Scotland which, as a result of
20that Part, are treated as civil proceedings by or against the Crown.

(8) But the proviso to section 44 of that Act (removal of proceedings from the
sheriff to the Court of Session) does not apply to proceedings under this Act.

193 Information society services

Schedule 25 (information society services) has effect.

25Subordinate legislation

194 Exercise of power

(1) A power to make an order or regulations under this Act is exercisable by a
Minister of the Crown, unless expressly provided to the contrary.

(2) Orders, regulations or rules under this Act must be made by statutory
30instrument.

Equality BillPage 138

(3) Subsection (2) does not apply to—

(a) a transitional exemption order under Part 1 of Schedule 11,

(b) a transitional exemption order under Part 1 of Schedule 12, or

(c) an order under paragraph 1(3) of Schedule 14 that does not modify an
5enactment.

(4) Orders or regulations under this Act—

(a) may make different provision for different purposes;

(b) may include consequential, incidental, supplementary, transitional,
transitory or saving provision.

(5) 10Nothing in section 156(4), 167(4) or 175(3) affects the generality of the power
under subsection (4)(a).

(6) The power under subsection (4)(b), in its application to section 147, 148(2),
149(5), 190 or 203 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3)
of Schedule 14, includes power to amend an enactment (including, in the case
15of section 190, this Act).

195 Ministers of the Crown

(1) This section applies where the power to make an order or regulations under
this Act is exercisable by a Minister of the Crown.

(2) A statutory instrument containing (whether alone or with other provision) an
20order or regulations that amend this Act or another Act of Parliament, or an
Act of the Scottish Parliament or an Act or Measure of the National Assembly
for Wales, is subject to the affirmative procedure.

(3) But a statutory instrument is not subject to the affirmative procedure by virtue
of subsection (2) merely because it contains—

(a) 25an order under section 2 (socio-economic inequalities);

(b) an order under section 56 (local authority functions);

(c) an order under section 145 (power to specify public authorities for the
purposes of the public sector equality duty);

(d) an order under paragraph 1(3) of Schedule 14 that modifies an
30enactment (educational charities and endowments).

(4) A statutory instrument containing (whether alone or with other provision) an
order or regulations mentioned in subsection (5) is subject to the affirmative
procedure.

(5) The orders and regulations referred to in subsection (4) are—

(a) 35regulations under section 28 (services: ships and hovercraft);

(b) regulations under section 73 (gender pay gap information);

(c) regulations under section 76 (work: ships and hovercraft);

(d) an order under section 100 (election candidates: expiry of provision);

(e) regulations under section 147 or 148(2) (public sector equality duty);

(f) 40regulations under section 177(4) (rail vehicle accessibility: procedure
for exemption orders);

(g) an order under section 191 (Community obligations: harmonisation);

(h) regulations under paragraph 9(3) of Schedule 20 (rail vehicle
accessibility: determination of turnover for purposes of penalties).

Equality BillPage 139

(6) A statutory instrument other than one mentioned in subsection (2) or (4) is
subject to the negative procedure.

(7) But a statutory instrument is not subject to the negative procedure by virtue of
subsection (6) merely because it contains—

(a) 5an order under section 176(1) (rail vehicle accessibility: exemptions);

(b) an order under section 203 (commencement) that does not amend an
Act of Parliament, an Act of the Scottish Parliament or an Act or
Measure of the National Assembly for Wales.

(8) If a statutory instrument is subject to the affirmative procedure, the order or
10regulations contained in it must not be made unless a draft of the instrument
is laid before and approved by a resolution of each House of Parliament.

(9) If a statutory instrument is subject to the negative procedure, it is subject to
annulment in pursuance of a resolution of either House of Parliament.

(10) If a draft of a statutory instrument mentioned in subsection (2) or (4) would,
15apart from this subsection, be treated for the purposes of the Standing Orders
of either House of Parliament as a hybrid instrument, it is to proceed in that
House as if it were not a hybrid instrument.

196 The Welsh Ministers

(1) This section applies where the power to make an order or regulations under
20this Act is exercisable by the Welsh Ministers.

(2) A statutory instrument containing (whether alone or with other provision)
regulations mentioned in subsection (3) is subject to the affirmative procedure.

(3) The regulations referred to in subsection (2) are—

(a) regulations under section 147 or 148(2) (public sector equality duty:
25powers to impose specific duties);

(b) regulations under section 149(5) that amend an Act of Parliament or an
Act or Measure of the National Assembly for Wales (public sector
equality duty: power to modify or remove specific duties).

(4) A statutory instrument other than one mentioned in subsection (2) is subject to
30the negative procedure.

(5) If a statutory instrument is subject to the affirmative procedure, the regulations
contained in it must not be made unless a draft of the instrument is laid before
and approved by a resolution of the National Assembly for Wales.

(6) If a statutory instrument is subject to the negative procedure, it is subject to
35annulment in pursuance of a resolution of the National Assembly for Wales.

197 The Scottish Ministers

(1) This section applies where the power to make an order, regulations or rules
under this Act is exercisable by the Scottish Ministers.

(2) A statutory instrument containing (whether alone or with other provision)
40regulations mentioned in subsection (3) is subject to the affirmative procedure.

Equality BillPage 140

(3) The regulations referred to in subsection (2) are—

(a) regulations under section 147 or 148(2) (public sector equality duty:
powers to impose specific duties);

(b) regulations under section 149(5) that amend an Act of Parliament or an
5Act of the Scottish Parliament (public sector equality duty: power to
modify or remove specific duties).

(4) A statutory instrument other than one mentioned in subsection (2) is subject to
the negative procedure.

(5) If a statutory instrument is subject to the affirmative procedure, the regulations
10contained in it must not be made unless a draft of the instrument is laid before
and approved by a resolution of the Scottish Parliament.

(6) If a statutory instrument is subject to the negative procedure, it is subject to
annulment in pursuance of a resolution of the Scottish Parliament.

Amendments, etc.

198 15Amendments, repeals and revocations

(1) Schedule 26 (which contains amendments) has effect.

(2) Schedule 27 (which contains repeals and revocations) has effect.

Interpretation

199 General interpretation

(1) 20In this Act—

(2) A reference (however expressed) to an act includes a reference to an omission.

(3) A reference (however expressed) to an omission includes (unless there is
20express provision to the contrary) a reference to—

(a) deliberate omission to do a thing;

(b) refusal to do it;

(c) failure to do it.

(4) A reference (however expressed) to providing or affording access to a benefit,
25facility or service includes a reference to facilitating access to the benefit,
facility or service.

(5) A reference to occupation, in relation to premises, is a reference to lawful
occupation.

(6) The following are members of the executive—

(a) 30a Minister of the Crown;

(b) a government department;

(c) the Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Assembly Government;

(d) any part of the Scottish Administration.

(7) 35A reference to a breach of an equality clause or rule is a reference to a breach of
a term modified by, or included by virtue of, an equality clause or rule.

(8) A reference to a contravention of this Act does not include a reference to a
breach of an equality clause or rule, unless there is express provision to the
contrary.

(9) 40“Member”, in relation to an occupational pension scheme, means an active
member, a deferred member or a pensioner member (within the meaning, in
each case, given by section 124 of the Pensions Act 1995).

(10) “Employer”, “pension credit member”, “pensionable service”, “pensioner
member” and “trustees or managers” each have, in relation to an occupational
45pension scheme, the meaning given by section 124 of the Pensions Act 1995.

Equality BillPage 142

(11) A reference to the accrual of rights under an occupational pension scheme is to
be construed in accordance with that section.

200 References to maternity leave, etc.

(1) This section applies for the purpose of this Act.

(2) 5A reference to a woman on maternity leave is a reference to a woman on—

(a) compulsory maternity leave,

(b) ordinary maternity leave, or

(c) additional maternity leave.

(3) A reference to a woman on compulsory maternity leave is a reference to a
10woman absent from work because she satisfies the conditions prescribed for
the purposes of section 72(1) of the Employment Rights Act 1996.

(4) A reference to a woman on ordinary maternity leave is a reference to a woman
absent from work because she is exercising the right to ordinary maternity
leave.

(5) 15A reference to the right to ordinary maternity leave is a reference to the right
conferred by section 71(1) of the Employment Rights Act 1996.

(6) A reference to a woman on additional maternity leave is a reference to a
woman absent from work because she is exercising the right to additional
maternity leave.

(7) 20A reference to the right to additional maternity leave is a reference to the right
conferred by section 73(1) of the Employment Rights Act 1996.

(8) “Additional maternity leave period” has the meaning given in section 73(2) of
that Act.

201 Index of defined expressions

25Schedule 28 lists the places where expressions used in this Act are defined or
otherwise explained.

Final provisions

202 Money

There is to be paid out of money provided by Parliament any increase attributable to
30this Act in the expenses of a Minister of the Crown.

Equality BillPage 143

203 Commencement

(1) The following provisions come into force on the day on which this Act is
passed—

(a) section 179(2);

(b) 5this Part (except sections 193 and 198).

(2) The other provisions of this Act come into force on such day as a Minister of
the Crown may by order appoint.

204 Extent

(1) This Act forms part of the law of England and Wales.

(2) 10This Act, apart from section 183 (improvements to let dwelling houses), forms
part of the law of Scotland.

(3) Each of the following also forms part of the law of Northern Ireland—

(a) section 77 (offshore work);

(b) section 100(3) and (4) (expiry of Sex Discrimination (Election
15Candidates) Act 2002).

205 Short title

This Act may be cited as the Equality Act 2009.

Page 19 of 44

Previous Next

First page 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Last page