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| Clause 34, page 25, line 27, leave out subsection (8). |
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| | Member’s explanatory statement
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| | This amendment removes the powers of Government to remove specific types of premises from the |
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| | application of this protection. |
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| Schedule 4, page 166, line 14, leave out ‘5(4)(b)’ and insert ‘5(4)(c)’. |
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| | Member’s explanatory statement
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| | This amendment would correct a minor drafting error. |
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| Clause 36, page 26, line 22, at end insert— |
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| | ‘(1A) | An employer (A) discriminates against a person (B) in the arrangements in |
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| | subsection (1)(a) if A fails to take reasonable steps to ensure that— |
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| | (a) | the selection for interview is carried out on an anonymous basis, or |
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| | (b) | the person selecting for interview does not know the gender, race, sexual |
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| | orientation, age or marital status of B or whether B has a disability.’. |
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| | Member’s explanatory statement
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| | This amendment protects job applicants from subliminal discrimination arising from information |
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| | assumed from an applicant’s name. It also prevents information being made available to people |
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| | short-listing that reveals whether an applicant has protected characteristic. |
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| Clause 36, page 26, line 22, at end insert— |
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| | ‘(1A) | An employer must not ask for details of an applicant’s health or disabilities before |
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| | an offer of employment to which subsection (1) applies has been made except in |
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| | so far as necessary to make reasonable adjustments to the recruitment process.’. |
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| Clause 36, page 26, line 34, at end insert— |
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| | ‘(3A) | An employer must not ask for details of an applicant’s health or disabilities before |
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| | an offer to which subsection (3) applies has been made except in so far as |
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| | necessary to make reasonable adjustments to the selection process.’. |
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| Clause 38, page 28, line 2, after ‘worker’, insert ‘with a protected characteristic |
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| compared to a contract worker without a protected characteristic’. |
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| Clause 38, page 28, line 10, after ‘worker’, insert ‘with a protected characteristic |
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| compared to a contract worker without a protected characteristic’. |
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| Schedule 6, page 169, line 15, leave out paragraphs 2 and 3. |
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| | Member’s explanatory statement
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| | Political appointments, honours and peerages are exempt from the ban on discriminating against |
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| | office-holders. this amendment would remove those exemptions. |
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| Schedule 6, page 170, line 9, at end insert ‘or other authorities of the GLA family’. |
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| | Member’s explanatory statement
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| | An amendment to clarify that elected members of GLA authorities (MPA, LFEPA etc.) are to be |
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| | treated in the same way as members of the GLA. |
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| Clause 51, page 40, line 14, after second ‘a’, insert ‘relevant’. |
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| | Member’s explanatory statement
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| | This amendment and amendment 63 would correct a minor drafting error to clarify that the |
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| | interpretation of a reference to conferring a relevant qualification applies in relation to all |
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| | relevant qualifications. A reference to conferring a relevant qualification would then include a |
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| | reference to renewing or extending its conferment. |
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| Clause 51, page 40, line 15, after ‘a’, insert ‘relevant’. |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 62. |
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| Clause 52, page 40, line 27, at end insert— |
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| | ‘(1A) | An employment service-provider must not ask for details of an applicant’s health |
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| | or disabilities before an offer to which subsection (1) applies has been made |
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| | except in so far as necessary to make reasonable adjustments to the selection |
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| Clause 52, page 41, line 5, at end insert— |
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| | ‘(4A) | An employment service-provider must not ask for details of an applicant’s health |
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| | or disabilities before an offer to which subsection (4) applies has been made |
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| | except in so far as necessary to make reasonable adjustments to the selection |
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| Clause 52, page 41, line 12, leave out from ‘service-provider’ to end of line 14 and |
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| insert ‘, except in relation to the provision of a vocational service.’. |
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| | Member’s explanatory statement
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| | This amendment and amendments 227 to 229 would maintain the effect of the existing law by |
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| | providing for persons who provide certain employment services to be subject to the anticipatory |
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| | duty to make reasonable adjustments that is imposed by Part 3 in relation to services generally. |
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| Clause 52, page 41, line 14, at end insert— |
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| | ‘( ) | The duty imposed by section 27(7)(a) applies to a person concerned with the |
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| | provision of a vocational service; but a failure to comply with that duty in relation |
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| | to the provision of a vocational service is a contravention of this Part for the |
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| | purposes of Part 9 (enforcement).’. |
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| | Member’s explanatory statement
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| | See explanatory statement for amendment 226. |
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| Clause 53, page 41, line 37, leave out subsection (3). |
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| | Member’s explanatory statement
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| | This amendment would omit Clause 53(3) which excludes from the scope of Clause 52 services the |
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| | provision of which is otherwise than by way of a trade or profession, reinstating the effect of |
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| | existing law, whereby the manner in which employment services are provided is irrelevant. |
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| Clause 53, page 42, line 4, leave out subsection (7). |
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| | Member’s explanatory statement
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| | See explanatory statement for amendment 226. |
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| Clause 53, page 42, line 12, at end insert— |
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| | ‘( ) | A reference to the provision of a vocational service is a reference to the provision |
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| | of an employment service within subsection (2)(a) to (d) (or an employment |
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| | service within subsection (2)(f) or (g) in so far as it is also an employment service |
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| | within subsection (2)(a) to (d)); and for that purpose— |
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| | (a) | the references to an employment service within subsection (2)(a) do not |
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| | include a reference to vocational training within the meaning given by |
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| | (b) | the references to an employment service within subsection (2)(d) also |
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| | include a reference to a service for assisting persons to retain |
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| | Member’s explanatory statement
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| | See explanatory statement for amendment 226. |
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| Clause 54, page 42, line 20, at end insert— |
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| | ‘(1A) | A trade organisation must not ask for details of an applicant’s health or |
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| | disabilities before an offer of membership to which subsection (1) applies has |
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| | been made except in so far as necessary to make reasonable adjustments to the |
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| Clause 54, page 42, line 34, at end insert— |
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| | ‘(4A) | A trade organisation must not ask for details of an applicant’s health or |
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| | disabilities before an offer of membership to which subsection (4) applies has |
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| | been made except in so far as necessary to make reasonable adjustments to the |
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| Clause 58, page 45, line 19, leave out from ‘person’ to ‘scheme’ in line 20 and |
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| insert ‘who is a pension credit member of an occupational pension scheme as they apply |
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| in relation to a disabled person who is a deferred member or pensioner member of the’. |
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| | Member’s explanatory statement
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| | A non-discrimination rule does not apply in relation to pension credit members of an occupational |
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| | pension scheme. This amendment and amendments 66 and 89 would ensure that disabled pension |
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| | credit members are protected from discrimination in so far as communications in relation to the |
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| Clause 58, page 45, line 26, leave out subsection (2). |
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| | Member’s explanatory statement
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| | See explanatory statement for amendment 65. |
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| Clause 64, page 49, line 23, at end add ‘Any difference on the grounds of sex or age |
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| in the provision of goods or services shall not be discriminatory if the difference is |
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| because of a material factor which is a proportionate means of achieving a legitimate |
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| Clause 73, page 55, line 14, leave out ‘by regulations’ and insert ‘not’. |
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| Clause 73, page 55, line 17, at end insert ‘and |
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| | (b) | employees who have a disability and employees who do not have a |
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| Clause 73, page 55, line 19, at end insert— |
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| | ( ) | the Security Service, the Secret Intelligence Service or the Government |
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| | Communications Headquarters;’. |
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| Clause 73, page 55, line 20, leave out paragraph (b). |
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| Clause 73, page 55, line 20, at end insert— |
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| | ‘( ) | a government department or part of the armed forces not specified in that |
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| | Member’s explanatory statement
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| | This amendment would exclude the security and intelligence agencies and GCHQ’s military |
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| | helpers from the scope of Clause 73. As a result, that clause would not apply to any government |
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| | department or any part of the armed forces. |
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| Page 55, line 13, leave out Clause 73. |
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| Clause 77, page 58, line 4, leave out ‘with or’. |
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| Clause 77, page 58, line 6, leave out ‘with or’. |
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| Schedule 9, page 181, line 33, leave out ‘proportionate’. |
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| | Member’s explanatory statement
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| | The addition of a new proportionality test narrows the scope of existing exceptions for religious |
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| | employment. This amendment, in conjunction with the amendment to leave out sub-paragraph (8), |
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| Schedule 9, page 181, line 36, leave out ‘work’ and insert ‘employment’. |
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| | Member’s explanatory statement
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| | This amendment would ensure that paragraph 2 of Schedule 9 refers consistently to |
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| Schedule 9, page 181, line 37, leave out ‘proportionate’. |
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| | Member’s explanatory statement
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| | The addition of a new proportionality test narrows the scope of existing exceptions for religious |
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| | employment. This amendment, in conjunction with the Amendment to leave out sub-paragraph (8), |
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| Schedule 9, page 181, line 41, leave out sub-paragraph (8) and insert— |
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| | ‘(8) | Employment is for the purposes of an organised religion if— |
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| | (a) | A has an ethos based on religion or belief, or |
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| | (b) | the employment wholly or mainly involves— |
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| | (i) | leading or assisting in the observation of liturgical or ritualistic |
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| | practices of the religion, or |
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| | (ii) | promoting or explaining the doctrine of the religion (whether to |
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| | followers of the religion or to others).’. |
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| | Member’s explanatory statement
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| | Sub-paragraph (8) narrows the scope of existing exceptions for religious employment. This |
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| | amendment would instead broaden the scope of the exceptions to benefit all religious |
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| Schedule 9, page 181, line 41, leave out sub-paragraph (8). |
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| | Member’s explanatory statement
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| | Sub-paragraph (8) narrows the scope of existing exceptions for religious employment. This |
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| | amendment, in conjunction with the amendments to lines 33 and 37, retains the status quo. |
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| Schedule 9, page 181, line 42, leave out ‘wholly or’. |
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| Schedule 9, page 182, line 6, leave out from ‘requirement’ to ‘if’ and insert ‘to |
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| which sub-paragraph (2) applies’. |
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| | Member’s explanatory statement
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| | Place the exceptions from paragraph 2 of Schedule 9 into paragraph 3, which has a broader |
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| | framework. This would provide wider protection for the freedom of association of religious bodies. |
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| Schedule 9, page 182, line 13, at end insert— |
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| | ‘(2) | This sub-paragraph applies to— |
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| | (a) | a requirement to be of a particular religion or belief; |
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| | (b) | a requirement to be of a particular sex; |
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| | (c) | a requirement not to be a transsexual person; |
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| | (d) | a requirement not be married or a civil partner; |
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