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| | Declaration of incompatibility |
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| To move the following Clause:— |
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| | ‘(1) | Subsection (2) applies in any proceedings in which a court determines whether a |
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| | provision of primary legislation is compatible with the right to equality. |
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| | (2) | If the court is satisfied that the provision is incompatible with the right to equality, |
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| | it may make a declaration of that incompatibility. |
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| | (3) | Subsection (4) applies in any proceedings in which a court determines whether a |
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| | provision of subordinate legislation, made in the exercise of a power conferred by |
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| | primary legislation, is compatible with the right to equality. |
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| | (4) | If the court is satisfied— |
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| | (a) | that the provision is incompatible with the right to equality, and |
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| | (b) | that (disregarding any possibility of revocation) the primary legislation |
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| | concerned prevents removal of the incompatibility, |
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| | | it may make a declaration of that incompatibility. |
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| | (5) | In this section “court” shall have the same meaning as the meaning given in |
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| | section 4 of the Human Rights Act 1998. |
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| | (6) | A declaration under this section (“a declaration of incompatibility”)— |
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| | (a) | does not affect the validity, continuing operation or enforcement of the |
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| | provision in respect of which it is given; and |
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| | (b) | is not binding on the parties to the proceedings in which it is made.’. |
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| To move the following Clause:— |
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| | ‘(1) | It is unlawful for a public authority to act in a way which is incompatible with the |
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| | (2) | Subsection (1) does not apply to an act if— |
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| | (a) | as the result of one or more provisions of primary legislation, the |
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| | authority could not have acted differently; or |
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| | (b) | in the case of one or more provisions of, or made under, primary |
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| | legislation which cannot be read or given effect in a way which is |
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| | compatible with the right to equality, the authority was acting so as to |
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| | give effect to or enforce those provisions. |
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| | (3) | In this section “public authority” includes— |
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| | (a) | a court or tribunal, and |
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| | (b) | any person certain of whose functions are functions of a public nature, |
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| | | but does not include either House of Parliament or a person exercising functions |
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| | in connection with proceedings in Parliament. |
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| | (4) | In this Act the factors which may be taken into account in determining whether a |
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| | function is a public function include— |
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| | (a) | the extent to which the state has assumed responsibility for the function |
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| | (b) | the role and responsibility of the state in relation to the subject matter in |
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| | (c) | the nature and extent of the public interest in the function in question; |
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| | (d) | the nature and extent of any statutory power or duty in relation to the |
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| | (e) | the extent to which the state, directly or indirectly, regulates, supervises |
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| | and inspects the performance of the function in question; |
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| | (f) | the extent to which the state make payment for the function in question; |
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| | (g) | whether the function involves or may involve the use of statutory |
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| | (h) | the extent of the risk that improper performance of the function might |
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| | violate the right to equality. |
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| | (5) | In subsection (3) “Parliament” does not include the House of Lords in its judicial |
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| | (6) | In relation to a particular act, a person is not a public authority by virtue only of |
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| | subsection (3)(b) if the nature of the act is private. |
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| | (7) | “An act” includes a failure to act but does not include a failure to— |
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| | (a) | introduce in, or lay before, Parliament a proposal for legislation; or |
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| | (b) | make any primary legislation or remedial order.’. |
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| | Statements of compatibility |
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| To move the following Clause:— |
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| | ‘(1) | A Minister of the Crown in charge of a Bill in either House of Parliament must, |
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| | before the second reading of the Bill— |
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| | (a) | make a written statement to the effect that in his or her view the |
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| | provisions of the Bill are compatible with the right to equality (“a |
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| | statement of compatibility”); or |
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| | (b) | make a statement to the effect that although he or she is unable to make |
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| | a statement of compatibility the Government nevertheless wishes the |
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| | House to proceed with the Bill. |
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| | (2) | The statement must be published.’. |
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| To move the following Clause:— |
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| | ‘Sections 7, 8 and 9 of the Human Rights Act 1998 shall have effect in relation to |
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| | acts made unlawful by section [Public authorities] (1) of this Act as if the act |
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| | complained of were made unlawful by section 6(1) of the Human Rights Act |
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| | Power to take remedial action |
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| To move the following Clause:— |
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| | ‘Sections 10 of the Human Rights Act 1998 shall have effect in relation |
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| | provisions of legislation declared under section [Declaration of incompatibility] |
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| | of this Act to be incompatible with the right to equality as if the provisions had |
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| | been declared incompatible with a Convention right under section 4 of the Human |
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| | Member’s explanatory statement
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| | Clauses to establish an equality guarantee. |
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| | Order of the House [11 MAY 2009] |
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| | That the following provisions shall apply to the Equality Bill: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on 7 July 2009. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of Lords Amendments or on any further messages from the |
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| | Lords) may be programmed. |
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| | Orders of the Committee [2 and 9 June 2009] |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | (a) | at 4.00 pm on Tuesday 2 June; |
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| | (b) | at 10.30 am and 4.00 pm on Tuesday 9 June; |
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| | (c) | at 9.00 am and 1.00 pm on Thursday 11 June; |
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| | (d) | at 10.30 am and 4.00 pm on Tuesday 16 June; |
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| | (e) | at 9.00 am and 1.00 pm on Thursday 18 June; |
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| | (f) | at 10.30 am and 4.00 pm on Tuesday 23 June; |
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| | (g) | at 9.00 am and 1.00 pm on Thursday 25 June; |
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| | (h) | at 10.30 am and 4.00 pm on Tuesday 30 June; |
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| | (i) | at 9.00 am and 1.00 pm on Thursday 2 July; |
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| | (j) | at 10.30 am and 4.00 pm on Tuesday 7 July; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | | | Equality and Diversity Forum
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| | | | | | Equality and Human Rights |
| | | | | | | | | | | | | | | | | | | Help the Aged and Age Concern
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| | | | | | Children’s Rights Alliance
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| | | | | | Disability Charities Consortium
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| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Women’s National Commission
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| | | | | | | | | | | | British Humanist Association
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| | | | | | General Synod of the Church of |
| | | | | | | | | | | | Catholic Bishops’ Conference, |
| | | | | | | | | | | | Board of Deputies of British Jews |
| | | | | | Confederation of British Industry
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| | | | | | Association of British Insurers
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| | | | | | Federation of Small Businesses
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| | | | | | Chartered Institute of Personnel |
| | | | | | | | | | | | | | | | | | | Government Equalities Office |
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| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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| | following order: Clauses 1 to 6; Schedule 1; Clauses 7 to 29; Schedules 2 and |
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| | 3; Clauses 30 to 35; Schedules 4 and 5; Clauses 36 to 49; Schedule 6; Clauses |
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| | 50 to 75; Schedule 7; Clauses 76 to 78; Schedules 8 and 9; Clauses 79 to 83; |
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| | Schedule 10; Clause 84; Schedule 11; Clauses 85 to 89; Schedule 12; Clauses |
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| | 90 to 93; Schedule 13; Clause 94; Schedule 14; Clauses 95 to 101; Schedules |
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| | 15 and 16; Clauses 102 to 110; Schedule 17; Clauses 111 to 143; Schedule |
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| | 18; Clause 144; Schedule 19; Clauses 145 to 179; Schedule 20; Clauses 180 |
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| | to 182; Schedule 21; Clauses 183 and 184; Schedule 22; Clauses 185 to 189; |
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| | Schedule 23; Clauses 190 and 191; Schedule 24; Clauses 192 and 193; |
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| | Schedule 25; Clauses 194 to 198; Schedules 26 and 27; Clauses 199 to 201; |
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| | Schedule 28; Clauses 202 to 205; new Clauses; new Schedules; remaining |
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| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 7.00 p.m. on Tuesday 7 July. |
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| | The following Notices have been withdrawn: |
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| Clause 28, page 20, line 27, after ‘ship’, insert ‘, aircraft’. |
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| Clause 28, page 20, line 23, after ‘ship’, insert ‘, aircraft’. |
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| | Member’s explanatory statement
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| | This amendment extends protection against discrimination in goods and services to aircraft. |
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| Clause 28, page 20, line 24, after ‘ship’, insert ‘, aircraft’. |
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| | Member’s explanatory statement
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| | This amendment extends protection against discrimination in goods and services to aircraft. |
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