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| | discrimination as employees. |
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| Schedule 9, page 180, line 15, leave out ‘an’ and insert ‘genuine’. |
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| | Member’s explanatory statement
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| | This brings the wording into line with the European Community law. |
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| Schedule 9, page 180, line 16, leave out from ‘is’ to ‘and’ and insert ‘objectively |
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| justified by a legitimate aim and the means of achieving that aim are appropiate and |
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| | Member’s explanatory statement
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| | This brings the wording into line with the European Community law. |
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| Schedule 9, page 180, line 36, at end insert— |
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| | ‘(c) | sub-paragraph (3)(a) does not apply to a transsexual person who has a |
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| | gender recognition certificate.’. |
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| | Member’s explanatory statement
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| | An amendment to ensure you cannot have a genuine occupational requirement that a person is or |
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| Schedule 9, page 180, line 37, after ‘sex’, insert ‘or age’. |
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| | Member’s explanatory statement
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| | Makes the exemption for age the same as that for sex, with respect to sub-paragraph(1). |
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| Schedule 9, page 181, line 31, at end insert— |
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| | ‘(g) | a requirement related to religion or belief, where sub-paragraph 4A |
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| | This amendment allows discrimination on grounds of religion or belief under narrower grounds |
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| | than paragraph (3) of Schedule 9, where the employee is performing a public function. |
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| Schedule 9, page 181, line 31, at end insert— |
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| | ‘(4A) | This subsection applies where A is— |
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| | (a) | acting on behalf of a public authority, |
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| | (b) | acting under contract to a public authority, or |
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| | (c) | otherwise acting in the exercise of a public function’. |
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| | Member’s explanatory statement
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| | This amendment allows discrimination on grounds of religion or belief under narrower grounds |
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| | than paragraph (3) of Schedule 9, where the employee is performing a public function. |
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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 38, at end insert— |
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| | ‘(4A) | “Proportionate means” in paragraph 2(5) and 2(6) means “objectively justified by |
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| | a legitimate aim and the means of achieving that aim are appropriate and |
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| | Aligning the definition of proportionate means with that found in Community law. |
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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 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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| | (e) | a requirement not to be married to, or the civil partner of, a person who |
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| | has a living former spouse or civil partner; |
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| | (f) | a requirement relating to circumstances in which a marriage or civil |
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| | partnership came to an end; |
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| | (g) | a requirement related to sexual orientation.’. |
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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 14, at end insert— |
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| | ‘4 | Paragraph 3 does not apply when A is operating— |
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| | (a) | on behalf of a public authority, and |
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| | (b) | under the terms of contract between the organisation and the public |
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| | Member’s explanatory statement
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| | An amendment to ensure that users of public service provided by an organisation with a religious |
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| | ethos are not subject to conditions or requirements of that ethos. |
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| Schedule 9, page 182, line 14, at end insert— |
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| | ‘4 | Paragraph 3 does not apply when A is— |
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| | (a) | acting on behalf of a public authority, |
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| | (b) | acting under a contract with a public authority, or |
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| | (c) | otherwise acting in the exercise of a public function.’. |
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| | Member’s explanatory statement
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| | An amendment to ensure that users of a public service provided by an organisation with a religious |
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| | ethos are not subject to religious requirements under this sub-paragraph. |
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| Schedule 9, page 182, line 22, leave out sub-paragraph (3) and insert— |
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| | ‘(3) | This Part of this Act, so far as relating to age or disability, does not apply to |
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| | anything done which is aimed at ensuring combat effectiveness in the armed |
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| | forces and is an appropriate and necessary means of achieving that aim.’. |
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| Schedule 9, page 182, line 26, leave out ‘52(1)(b) or (c) or (2)(a) or (b)’ and insert |
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| | Member’s explanatory statement
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| | This amendment would expand the scope of the exception in paragraph 5(1) of Schedule 9 |
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| | (permitting discrimination in relation to work for which having a particular protected |
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| | characteristic is an occupational requirement) so that it applies to all circumstances in Clause |
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| | 52(1) or (2) giving rise to liability. |
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| | As an Amendment to The Solicitor General’s proposed Amendment (No. 69):— |
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| Line 2, leave out ‘(2)’ and insert ‘(2)(a), (b) or (c)’. |
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| | Member’s explanatory statement
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| | This would prevent individuals from being subject to ‘any other detriment’ under this exemption. |
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| Schedule 9, page 182, line 30, after ‘52’, insert ‘(1) or (2)’. |
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| | Member’s explanatory statement
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| | This amendment would limit the exception in paragraph 5(2) of Schedule 9 (permitting |
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| | discrimination in relation to training for work for which having a particular protected |
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| | characteristic is an occupational requirement) so that it applies to discrimination only and not |
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| | harassment or victimisation. |
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| Schedule 9, page 182, line 33, leave out ‘52(1)(b) or (c) or (2)(a) or (b)’ and insert |
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| | Member’s explanatory statement
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| | This amendment would expand the scope of the exception in paragraph 5(3) of Schedule 9 |
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| | (permitting discrimination in reliance on a statement that a particular protected characteristic is |
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| | an occupational requirement) so that it applies to all circumstances in Clause 52(1) or (2) giving |
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| Schedule 9, page 183, line 25, leave out paragraph 8. |
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| Schedule 9, page 183, line 35, leave out paragraph 9. |
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| Schedule 9, page 184, line 39, leave out paragraph 11. |
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| | Member’s explanatory statement
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| | An amendment to prevent discrimination in the level of minimum wage based on age.. |
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| Schedule 9, page 188, line 2, leave out paragraph 18. |
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| | Member’s explanatory statement
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| | An amendment to prevent discrimination to civil partners in relation to benefits accrued pre-5 |
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| Schedule 9, page 188, line 17, at end insert— |
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| | ‘( ) | section 38(1) and (3);’. |
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| | Member’s explanatory statement
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| | This amendment would bring Clause 38(1) and (3) within the scope of paragraph 19(1) of |
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| | Schedule 9. A principal would not then be liable under Clause 38 for discrimination or |
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| | victimisation relating to the provision of a benefit, facility or service to the public (as in existing |
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| Schedule 9, page 188, line 26, at end insert— |
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| | ‘( ) | in relation to section 38(1) and (3), the other contract workers supplied |
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| | Member’s explanatory statement
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| | This amendment would provide that “comparable persons” means other contract workers |
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| | supplied to a principal, when determining whether provision of a benefit, facility or service by a |
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| | principal to a contract worker differs in a material respect for the purposes of paragraph 19(3)(a) |
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| Schedule 9, page 188, line 32, at end insert— |
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| | ‘( ) | the terms on which the principal allows B to do the contract work,’. |
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| | Member’s explanatory statement
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| | This amendment would provide that “B’s terms” means the terms on which the principal allows a |
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| | contract worker to work, when determining whether the provision of a benefit, facility or service |
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| | by the principal is regulated by B’s terms for the purposes of paragraph 19(3)(b) of Schedule 9. |
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| Clause 79, page 59, line 37, leave out paragraph (c). |
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| Clause 80, page 16, line 11, leave out subsection (10). |
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| | Member’s explanatory statement
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| | This amendment extends protection against harassment on grounds of sexual orientation, gender |
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| | reassignment and religion or belief in relation to part 6 (education). Harassment is defined in a |
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| Schedule 11, page 198, line 31, leave out paragraph 5 and insert— |
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| | ‘5 (1) | Section 80(1) and (2)(a) to (d), so far as relating to religion or belief, does not |
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| | (a) | a school, other than an academy, registered in the register of |
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| | independent schools for England or for Wales, if the school’s entry in |
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| | the register records that the school has a religious ethos; |
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| | (b) | a school in the register of independent schools for Scotland if the |
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| | school admits only pupils who belong, or whose parents belong, to one |
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| | or more particular denominations; |
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| | (c) | a school registered in that register if the school is conducted in the |
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| | interest of a church or denominational body. |
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| | (2) | Section 80 (2)(a) to (d), so far as relating to religion or belief, does not apply |
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| | (a) | a school designated under section 69(3) of the School Standards and |
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| | Framework Act 1998 (foundation or voluntary school with religious |
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| | (b) | a school transferred to an education authority under section 16 of the |
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| | Education (Scotland) Act 1980 (transfer of certain schools to |
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| | education authorities) which is conducted in the interest of a church or |
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| | (c) | a school provided by an education authority under section 17(2) of that |
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| | Act (denominational schools); |
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| | (d) | a grant-aided school (within the meaning of that Act) which is |
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| | conducted in the interest of a church or denominational body.’. |
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| | Member’s explanatory statement
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| | This amendment would ensure that discrimination in admissions by religion or belief in state |
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| | maintained schools and academies with a religious character is subject to the general prohibition |
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| | on discrimination in education admissions. |
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| Schedule 11, page 199, line 7, leave out paragraph 6. |
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| | Member’s explanatory statement
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| | This amendment would remove the exemption for acts of worship from Clause 80(2)(a) to (d), |
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| | which makes it illegal for schools to discriminate in their treatment of pupils. |
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| Schedule 12, page 202, line 1, after ‘so’, insert ‘only so far as it is necessary’. |
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| Clause 92, page 70, line 6, after ‘a’, insert ‘relevant’. |
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| | Member’s explanatory statement
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| | This amendment and amendments 76 and 77 would make in relation to educational qualifications |
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| | corrections corresponding to the corrections that amendments 62 and 63 would make in relation |
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| Clause 92, page 70, line 7, after ‘a’, insert ‘relevant’. |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 75. |
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| Clause 92, page 70, line 7, at end insert— |
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| | ‘( ) | A reference in section 91(8), (10) or (11) to a qualification is a reference to a |
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| | relevant qualification.’. |
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| | Member’s explanatory statement
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|