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Notices of Amendments: 18 June 2009                     

236

 

Equality Bill, continued

 
 

(2)    

A factor is within this subsection if—

 

(a)    

as a result of the factor, A and persons of the same sex as A are or would

 

be put at a particular disadvantage when compared with persons of the

 

opposite sex, but

 

(b)    

the responsible person shows that relying on the factor is objectively

 

justified by a legitimate aim and the means of achieving that aim are

 

appropriate and necessary.

 

(3)    

A sex equality rule has no effect in relation to a difference between A and B in

 

the effect of a relevant matter if the trustees or managers of the scheme in question

 

show that the difference is because of a material factor which—

 

(a)    

does not constitute discrimination because of sex within the meaning of

 

section 13 and

 

(b)    

which is within subsection (2).

 

(4)    

“Relevant matter” has the meaning given in section 62.

 

(5)    

For the purposes of this section, a factor is not material unless it is a material

 

difference between A’s case and B’s.’.

 

Dr Evan Harris

 

Lynne Featherstone

 

263

 

Page  50,  line  20,  leave out Clause 66.

 


 
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