PART 5 continued CHAPTER 1 continued
(1) This section and section 48 apply in relation to public offices.
(2) A public office is—
(a)
an office or post, appointment to which is made by a member of the
executive;
Equality BillPage 36
(b)
an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, a member of the
executive;
(c)
an office or post, appointment to which is made on the
5recommendation of, or subject to the approval of, the House of
Commons, the House of Lords, the National Assembly for Wales or the
Scottish Parliament.
(3)
A person (A) who has the power to make an appointment to a public office
within subsection (2)(a) or (b) must not discriminate against a person (B)—
(a)
10in the arrangements A makes for deciding to whom to offer the
appointment;
(b) as to the terms on which A offers B the appointment;
(c) by not offering B the appointment.
(4)
A person who has the power to make an appointment to a public office within
15subsection (2)(a) or (b) must not, in relation to the office, harass a person
seeking, or being considered for, the appointment.
(5)
A person (A) who has the power to make an appointment to a public office
within subsection (2)(a) or (b) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
20appointment;
(b) as to the terms on which A offers B the appointment;
(c) by not offering B the appointment.
(6)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(a) or (b) must not discriminate against a person (B) appointed to
25the office—
(a) as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c) 30by terminating the appointment;
(d) by subjecting B to any other detriment.
(7)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not discriminate against a person (B) appointed to the
office—
(a) 35as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by subjecting B to any other detriment (other than by terminating the
40appointment).
(8)
A relevant person in relation to a public office must not, in relation to that
office, harass a person appointed to it.
(9)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(a) or (b) must not victimise a person (B) appointed to the office—
(a) 45as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
Equality BillPage 37
(c) by terminating the appointment;
(d) by subjecting B to any other detriment.
(10)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not victimise a person (B) appointed to the office—
(a) 5as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by subjecting B to any other detriment (other than by terminating the
10appointment).
(11) A duty to make reasonable adjustments applies to—
(a) a relevant person in relation to a public office;
(b)
a person who has the power to make an appointment to a public office
within subsection (2)(a) or (b).
(12)
15Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not
apply to a term that relates to pay—
(a)
unless, were B to accept the offer, an equality clause or rule would have
effect in relation to the term, or
(b)
if paragraph (a) does not apply, except in so far as making an offer on
20terms including that term amounts to a contravention of subsection
(3)(b) by virtue of section 13 or 17.
(1)
A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 47(2)(a) or (b),
25must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to recommend for
appointment or to whose appointment to give approval;
(b) by not recommending B for appointment to the office;
(c)
by making a negative recommendation of B for appointment to the
30office;
(d) by not giving approval to the appointment of B to the office.
(2)
A person who has the power to make a recommendation for or give approval
to an appointment to a public office within section 47(2)(a) or (b) must not, in
relation to the office, harass a person seeking or being considered for the
35recommendation or approval.
(3)
A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 47(2)(a) or (b),
must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to recommend for
40appointment or to whose appointment to give approval;
(b) by not recommending B for appointment to the office;
(c)
by making a negative recommendation of B for appointment to the
office;
(d) by not giving approval to the appointment of B to the office.
Equality BillPage 38
(4)
A duty to make reasonable adjustments applies to a person who has the power
to make a recommendation for or give approval to an appointment to a public
office within section 47(2)(a) or (b).
(5)
A reference in this section to a person who has the power to make a
5recommendation for or give approval to an appointment to a public office
within section 47(2)(a) is a reference only to a relevant body which has that
power; and for that purpose “relevant body” means a body established—
(a) by or in pursuance of an enactment, or
(b) by a member of the executive.
(1) This section applies for the purposes of sections 46 to 48.
(2) “Personal office” has the meaning given in section 46.
(3) “Public office” has the meaning given in section 47.
(4)
An office or post which is both a personal office and a public office is to be
15treated as being a public office only.
(5) Appointment to an office or post does not include election to it.
(6)
“Relevant person”, in relation to an office, means the person who, in relation to
a matter specified in the first column of the table, is specified in the second
column (but a reference to a relevant person does not in any case include the
20House of Commons, the House of Lords, the National Assembly for Wales or
the Scottish Parliament).
| Matter | Relevant person |
|---|---|
| A term of appointment | The person who has the power to set the term. |
| Access to an opportunity | 25The person who has the power to afford access to the opportunity (or, if there is no such person, the person who has the power to make the appointment). |
| Terminating an appointment | 30The person who has the power to terminate the appointment. |
| Subjecting an appointee to any other detriment |
The person who has the power in relation to the matter to which the conduct in question relates (or, if there 35is no such person, the person who has the power to make the appointment). |
| Harassing an appointee | The person who has the power in relation to the matter to which the conduct in question relates. |
(7)
40A reference to termination of a person’s appointment includes a reference to
termination—
Equality BillPage 39
(a)
by the expiry of a period (including a period expiring by reference to an
event or circumstance);
(b)
by an act of the person (including giving notice) in circumstances such
that the person is entitled, because of the relevant person’s conduct, to
5terminate the appointment without notice.
(8)
Subsection (7)(a) does not apply if, immediately after the termination, the
appointment is renewed on the same terms.
(9) Schedule 6 (excluded offices) has effect.
(1) A qualifications body (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
(b)
as to the terms on which it is prepared to confer a relevant qualification
15on B;
(c) by not conferring a relevant qualification on B.
(2)
A qualifications body (A) must not discriminate against a person (B) upon
whom A has conferred a relevant qualification—
(a) by withdrawing the qualification from B;
(b) 20by varying the terms on which B holds the qualification;
(c) by subjecting B to any other detriment.
(3)
A qualifications body must not, in relation to conferment by it of a relevant
qualification, harass—
(a) a person who holds the qualification, or
(b) 25a person who applies for it.
(4) A qualifications body (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
(b)
as to the terms on which it is prepared to confer a relevant qualification
30on B;
(c) by not conferring a relevant qualification on B.
(5)
A qualifications body (A) must not victimise a person (B) upon whom A has
conferred a relevant qualification—
(a) by withdrawing the qualification from B;
(b) 35by varying the terms on which B holds the qualification;
(c) by subjecting B to any other detriment.
(6) A duty to make reasonable adjustments applies to a qualifications body.
(7)
The application by a qualifications body of a competence standard to a
disabled person is not disability discrimination unless it is discrimination by
40virtue of section 18.
Equality BillPage 40
(1) This section applies for the purposes of section 50.
(2)
A qualifications body is an authority or body which can confer a relevant
qualification.
(3)
5A relevant qualification is an authorisation, qualification, recognition,
registration, enrolment, approval or certification which is needed for, or
facilitates engagement in, a particular trade or profession.
(4) An authority or body is not a qualifications body in so far as—
(a) it can confer a qualification to which section 91 applies,
(b) 10it is the responsible body of a school to which section 80 applies,
(c) it is the governing body of an institution to which section 86 applies,
(d) it exercises functions under the Education Acts, or
(e) it exercises functions under the Education (Scotland) Act 1980.
(5)
A reference to conferring a qualification includes a reference to renewing or
15extending the conferment of a qualification.
(6)
A competence standard is an academic, medical or other standard applied for
the purpose of determining whether or not a person has a particular level of
competence or ability.
(1)
A person (an “employment service-provider”) concerned with the provision of
an employment service must not discriminate against a person—
(a)
in the arrangements the service-provider makes for selecting persons to
whom to provide, or to whom to offer to provide, the service;
(b)
25as to the terms on which the service-provider offers to provide the
service to the person;
(c) by not offering to provide the service to the person.
(2)
An employment service-provider (A) must not, in relation to the provision of
an employment service, discriminate against a person (B)—
(a) 30as to the terms on which A provides the service to B;
(b) by not providing the service to B;
(c) by terminating the provision of the service to B;
(d) by subjecting B to any other detriment.
(3)
An employment service-provider must not, in relation to the provision of an
35employment service, harass—
(a) a person who asks the service-provider to provide the service, or
(b) a person for whom the service-provider provides the service.
Equality BillPage 41
(4) An employment service-provider (A) must not victimise a person (B)—
(a)
in the arrangements A makes for selecting persons to whom to provide,
or to whom to offer to provide, the service;
(b) as to the terms on which A offers to provide the service to B;
(c) 5by not offering to provide the service to B.
(5)
An employment service-provider (A) must not, in relation to the provision of
an employment service, victimise a person (B)—
(a) as to the terms on which A provides the service to B;
(b) by not providing the service to B;
(c) 10by terminating the provision of the service to B;
(d) by subjecting B to any other detriment.
(6)
A duty to make reasonable adjustments applies to an employment service-
provider (except in relation to the provision of an employment service within
subsection 53(2)(a), (b) or (c)).
(1) This section applies for the purposes of section 52.
(2) The provision of an employment service includes—
(a) the provision of vocational training;
(b) the provision of vocational guidance;
(c)
20making arrangements for the provision of vocational training or
vocational guidance;
(d) the provision of a service for finding employment for persons;
(e)
the provision of a service for supplying employers with persons to do
work;
(f)
25the provision of a service in pursuance of arrangements made under
section 2 of the Employment and Training Act 1973 (functions of the
Secretary of State relating to employment);
(g)
the provision of a service in pursuance of arrangements made or a
direction given under section 10 of that Act (careers services);
(h)
30the exercise of a function in pursuance of arrangements made under
section 2(3) of the Enterprise and New Towns (Scotland) Act 1990
(functions of Scottish Enterprise, etc. relating to employment);
(i)
an assessment related to the conferment of a relevant qualification
within the meaning of section 50 above (except in so far as the
35assessment is by the qualifications body which confers the
qualification).
(3)
An employment service does not include a service the provision of which is
otherwise than by way of a trade or profession.
(4)
This section does not apply in relation to training or guidance in so far as it is
40training or guidance in relation to which another provision of this Part applies.
(5)
This section does not apply in relation to training or guidance for pupils of a
school to which section 80 applies in so far as it is training or guidance to which
the responsible body of the school has power to afford access (whether as the
responsible body of that school or as the responsible body of any other school
45at which the training or guidance is provided).
Equality BillPage 42
(6)
This section does not apply in relation to training or guidance for students of
an institution to which section 86 applies in so far as it is training or guidance
to which the governing body of the institution has power to afford access.
(7) In so far as a service is an employment service—
(a)
5its provision is not the provision of a service, or the exercise of a public
function, for the purposes of Part 3 (services and public functions);
(b)
it is not a benefit, facility or service for the purposes of Part 7
(associations).
(8) “Vocational training” means—
(a) 10training for employment, or
(b)
work experience (including work experience the duration of which is
not agreed until after it begins).
(9) A reference to training includes a reference to facilities for training.
(1) A trade organisation (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer
membership of the organisation;
(b) as to the terms on which it is prepared to admit B as a member;
(c) 20by not accepting B’s application for membership.
(2) A trade organisation (A) must not discriminate against a member (B)—
(a)
in the way it affords B access, or by not affording B access, to
opportunities for receiving a benefit, facility or service;
(b) by depriving B of membership;
(c) 25by varying the terms on which B is a member;
(d) by subjecting B to any other detriment.
(3) A trade organisation must not, in relation to membership of it, harass—
(a) a member, or
(b) an applicant for membership.
(4) 30A trade organisation (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer
membership of the organisation;
(b) as to the terms on which it is prepared to admit B as a member;
(c) by not accepting B’s application for membership.
(5) 35A trade organisation (A) must not victimise a member (B)—
(a)
in the way it affords B access, or by not affording B access, to
opportunities for receiving a benefit, facility or service;
(b) by depriving B of membership;
(c) by varying the terms on which B is a member;
(d) 40by subjecting B to any other detriment.
(6) A duty to make reasonable adjustments applies to a trade organisation.
(7) A trade organisation is—
Equality BillPage 43
(a) an organisation of workers,
(b) an organisation of employers, or
(c)
any other organisation whose members carry on a particular trade or
profession for the purposes of which the organisation exists.
(1)
A local authority must not discriminate against a member of the authority in
relation to the member’s carrying out of official business—
(a)
in the way the authority affords the member access, or by not affording
10the member access, to opportunities for training or for receiving any
other facility;
(b) by subjecting the member to any other detriment.
(2)
A local authority must not, in relation to a member’s carrying-out of official
business, harass the member.
(3)
15A local authority must not victimise a member of the authority in relation to
the member’s carrying out of official business—
(a)
in the way the authority affords the member access, or by not affording
the member access, to opportunities for training or for receiving any
other facility;
(b) 20by subjecting the member to any other detriment.
(4)
A member of a local authority is not subjected to a detriment for the purposes
of subsection (1)(b) or (3)(b) only because the member is—
(a) not appointed or elected to an office of the authority,
(b)
not appointed or elected to, or to an office of, a committee or sub-
25committee of the authority, or
(c)
not appointed or nominated in exercise of an appointment power of the
authority.
(5)
In subsection (4)(c), an appointment power of a local authority is a power of the
authority, or of a group of bodies including the authority, to make—
(a) 30appointments to a body;
(b) nominations for appointment to a body.
(6) A duty to make reasonable adjustments applies to a local authority.
(1) This section applies for the purposes of section 55.
(2) 35“Local authority” means—
(a) a county council in England;
(b) a district council in England;
(c) the Greater London Authority;
(d) a London borough council;
(e) 40the Common Council of the City of London;
(f) the Council of the Isles of Scilly;
(g) a parish council in England;
Equality BillPage 44
(h) a county council in Wales;
(i) a community council in Wales;
(j) a county borough council in Wales;
(k)
a council constituted under section 2 of the Local Government etc.
5(Scotland) Act 1994;
(l) a community council in Scotland.
(3)
A Minister of the Crown may by order amend subsection (2) so as to add, vary
or omit a reference to a body which exercises functions that have been
conferred on a local authority within paragraph (a) to (l).
(4)
10A reference to the carrying-out of official business by a person who is a
member of a local authority is a reference to the doing of anything by the
person—
(a) as a member of the authority,
(b)
as a member of a body to which the person is appointed by, or
15appointed following nomination by, the authority or a group of bodies
including the authority, or
(c) as a member of any other public body.
(5) “Member”, in relation to the Greater London Authority, means—
(a) the Mayor of London;
(b) 20a member of the London Assembly.
(1)
An occupational pension scheme must be taken to include a non-
25discrimination rule.
(2)
A non-discrimination rule is a provision by virtue of which a responsible
person (A)—
(a)
must not discriminate against another person (B) in carrying out any of
A’s functions in relation to the scheme;
(b) 30must not, in relation to the scheme, harass B;
(c) must not, in relation to the scheme, victimise B.
(3)
The provisions of an occupational pension scheme have effect subject to the
non-discrimination rule.
(4) The following are responsible persons—
(a) 35the trustees or managers of the scheme;
(b) an employer whose employees are, or may be, members of the scheme;
(c)
a person exercising an appointing function in relation to an office the
holder of which is, or may be, a member of the scheme.
(5)
A non-discrimination rule does not apply in relation to a person who is a
40pension credit member of a scheme.
(6) An appointing function is any of the following—
(a) the function of appointing a person;
Equality BillPage 45
(b) the function of terminating a person’s appointment;
(c) the function of recommending a person for appointment;
(d) the function of approving an appointment.
(7)
The breach of a non-discrimination rule is a contravention of this Part for the
5purposes of Part 9 (enforcement).
(8)
It is not a breach of a non-discrimination rule for the employer or the trustees
or managers of a scheme to maintain or use in relation to the scheme rules,
practices, actions or decisions relating to age which are of a description
specified by order by a Minister of the Crown.
(9)
10An order authorising the use of rules, practices, actions or decisions which are
not in use before the order comes into force must not be made unless the
Minister consults such persons as the Minister thinks appropriate.
(10)
A non-discrimination rule does not have effect in relation to an occupational
pension scheme in so far as an equality rule has effect in relation to it (or would
15have effect in relation to it but for Part 2 of Schedule 7).
(11) A duty to make reasonable adjustments applies to a responsible person.