Page 35 of 44

Previous Next

First page 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Last page

Section 143

Schedule 18 Public sector equality duty: exceptions

Children

1 (1) 25Section 143, so far as relating to age, does not apply to the exercise of a
function relating to—

(a) the provision of education to pupils in schools;

(b) the provision of benefits, facilities or services to pupils in schools;

(c) the provision of accommodation, benefits, facilities or services in
30community homes pursuant to section 53(1) of the Children Act
1989;

(d) the provision of accommodation, benefits, facilities or services
pursuant to arrangements under section 82(5) of that Act
(arrangements by the Secretary of State relating to the
35accommodation of children).

(2) “Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6
(schools).

Immigration

2 (1) In relation to the exercise of immigration and nationality functions, section
40143 has effect as if subsection (1)(b) did not apply to the protected
characteristics of age, race or religion or belief.

Equality BillPage 216

(2) “Immigration and nationality functions” means functions exercisable by
virtue of—

(a) the Immigration Acts (excluding sections 28A to 28K of the
Immigration Act 1971 so far as they relate to criminal offences),

(b) 5the British Nationality Act 1981,

(c) the British Nationality (Falkland Islands) Act 1983,

(d) the British Nationality (Hong Kong) Act 1990,

(e) the Hong Kong (War Wives and Widows) Act 1996,

(f) the British Nationality (Hong Kong) Act 1997,

(g) 10the Special Immigration Appeals Commission Act 1997,

(h) a provision made under section 2(2) of the European Communities
Act 1972, or of Community law, which relates to the subject matter
of an enactment within paragraphs (a) to (g).

Exceptions that are specific to section 143(2)

3 (1) 15Section 143(2) (application of section 143(1) to persons who are not public
authorities but by whom public functions are exercisable) does not apply
to—

(a) a person listed in sub-paragraph (2);

(b) the exercise of a function listed in sub-paragraph (3).

(2) 20Those persons are—

(a) the House of Commons;

(b) the House of Lords;

(c) the Scottish Parliament;

(d) the National Assembly for Wales;

(e) 25the General Synod of the Church of England;

(f) the Security Service;

(g) the Secret Intelligence Service;

(h) the Government Communications Headquarters;

(i) a part of the armed forces which is, in accordance with a requirement
30of the Secretary of State, assisting the Government Communications
Headquarters.

(3) Those functions are—

(a) a function in connection with proceedings in the House of Commons
or the House of Lords;

(b) 35a function in connection with proceedings in the Scottish Parliament
(other than a function of the Scottish Parliamentary Corporate Body);

(c) a function in connection with proceedings in the National Assembly
for Wales (other than a function of the National Assembly for Wales
Commission);

(d) 40a judicial function;

(e) a function exercised on behalf of, or on the instructions of, a person
exercising a judicial function;

(f) a function of deciding whether or not to institute or continue
criminal proceedings.

(4) 45A reference in sub-paragraph (3) to a judicial function includes a reference
to a judicial function conferred on a person other than a court or tribunal.

Equality BillPage 217

Power to amend Schedule

4 A Minister of the Crown may by order amend this Schedule so as to add,
vary or omit an exception to section 143.

Section 144

Schedule 19 5Public authorities

Part 1 Public authorities: general

Ministers of the Crown and government departments

Armed forces

National Health Service

Local government

35Other educational bodies

Police

Part 2 Public authorities: relevant Welsh authorities

5Welsh Assembly Government, etc.

National Health Service

Local government

Other educational bodies

Part 3 Public authorities: relevant Scottish authorities

Scottish Administration

National Health Service

15Local government

Other educational bodies

Police

Page 35 of 44

Previous Next

First page 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Last page