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| [Nineteenth and Twentieth Sittings]
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| | Non-discrimination alterations |
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| To move the following Clause:— |
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| | ‘(1) | This section applies if the trustees or managers of an occupational pension |
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| | scheme do not have power to make non-discrimination alterations to the scheme. |
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| | (2) | This section also applies if the trustees or managers of an occupational pension |
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| | scheme have power to make non-discrimination alterations to the scheme but the |
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| | (a) | is liable to be unduly complex or protracted, or |
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| | (b) | involves obtaining consents which cannot be obtained or which can be |
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| | obtained only with undue delay or difficulty. |
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| | (3) | The trustees or managers may by resolution make non-discrimination alterations |
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| | (4) | Non-discrimination alterations may have effect in relation to a period before the |
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| | date on which they are made. |
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| | (5) | Non-discrimination alterations to an occupational pension scheme are such |
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| | alterations to the scheme as may be required for the provisions of the scheme to |
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| | have the effect that they have in consequence of section 57(3).’. |
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| | Combined discrimination: dual characteristics |
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| To move the following Clause:— |
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| | ‘(1) | A person (A) also discriminates against another (B) if, because of a combination |
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| | of two relevant protected characteristics, A treats B less favourably than A treats |
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| | or would treat a person who does not share either of those characteristics. |
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| | (2) | The relevant protected characteristics are— |
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| | (3) | A does not discriminate against B by virtue of subsection (1) if, in consequence |
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| | of another provision of this Act, A’s treatment of B is not a relevant |
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| | (4) | A relevant contravention is a contravention of this Act by virtue of section 13 |
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| | because of one of the characteristics in the combination. |
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| | (5) | For the purpose of establishing a contravention of this Act by virtue of subsection |
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| | (1), it does not matter whether, in relation to either of the characteristics in the |
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| | combination, there is sufficient evidence to justify a finding that there has been a |
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| | (6) | Proceedings relating to a contravention of this Act by virtue of subsection (1) may |
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| | not be brought if subsection (7) applies. |
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| | (7) | This subsection applies if— |
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| | (a) | a provision of an enactment (including this Act) requires, in |
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| | circumstances to which the provision applies, proceedings relating to a |
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| | relevant contravention to be brought in a specified court, and |
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| | (b) | in those circumstances, the court does not have jurisdiction to determine |
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| | a claim relating to a relevant contravention involving the other |
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| | characteristic in the combination. |
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| | (8) | A Minister of the Crown may by order specify other circumstances in which |
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| | proceedings relating to a contravention of this Act by virtue of subsection (1) may |
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| | not be brought; and an order under this subsection may amend this section. |
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| | (9) | The reference to a court includes a reference to a tribunal and the reference to a |
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| | claim includes a reference to a complaint.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Dean Forest (Mines) Act 1838 is amended as follows. |
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| | (2) | In section XIV (Who shall be deemed Free Miners), line 1, leave out “male”. |
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| | (3) | In section XV (Quarrymen to be deemed Free Miners for certain purposes), line |
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| | Mental Health Act 1983: Members of Parliament |
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| To move the following Clause:— |
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| | ‘(1) | The Mental Health Act 1983 is amended as follows. |
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| | (2) | Subsections (2) to (7) of section 141 of the Mental Health Act 1983 are deleted.’. |
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| | Freedom of religious speech |
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| To move the following Clause:— |
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| | ‘A public authority shall permit personal religious expression by those working |
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| | for the authority to the greatest extent possible, consistent with requirements of |
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| | law and the interests of workplace efficiency.’. |
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| | Power for the Commission to conduct joint inquiries |
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| To move the following Clause:— |
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| | ‘(1) | The Equality Act 2006 is amended as follows. |
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| | (2) | In section 16, after subsection (4), insert— |
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| | “(4A) | The Commission may conduct an inquiry under subsection (1) jointly |
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| | with one or more other public authorities when— |
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| | (a) | the other authority or authorities have comparable inquiry |
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| | (b) | the matter which is the subject of the inquiry is also a matter |
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| | within the responsibilities of the other authority or authorities.”’. |
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| | Reasonable adjustments for babies and infants |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by regulations make provision as to a duty on |
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| | providers of public services, where a physical feature puts a baby or infant aged |
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| | under 5 at a substantial disadvantage in relation to a relevant matter in comparison |
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| | with persons of other ages, to take such steps as it is reasonable to have to take to |
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| | (2) | A reference in this section to a physical feature is a reference to— |
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| | (a) | a feature arising from the design or construction of a building; |
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| | (b) | a feature of an approach to, exit from or access to a building; |
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| | (c) | a fixture or fitting, or furniture, furnishings, materials, equipment or other |
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| | chattels, in or on premises or a vehicle; |
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| | (d) | a feature arising from the design of a vehicle; |
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| | (e) | a feature of an exit from or access to a vehicle; |
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| | (f) | any other physical element or quality. |
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| | (3) | Any reference in this section to chattels is to be read, in relation to Scotland, as a |
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| | reference to moveable property.’. |
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| To move the following Clause:— |
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| | ‘(1) | A person has the protected characteristic of gender identity if the person is or is |
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| | (a) | a person intending to undergo, undergoing, or having undergone gender |
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| | reassignment, where gender reassignment means a process which is |
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| | undertaken under medical supervision for the purpose of reassigning the |
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| | person’s sex by changing physiological or other characteristics of sex, |
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| | and includes any part of such a process; |
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| | (b) | a person living permanently in the gender role different from that |
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| | expected of a person of their recorded natal sex; |
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| | (c) | a person who has, by virtue of the Gender Recognition Act 2004 (c.7), |
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| | received recognition of their acquired gender for all legal purposes; or |
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| | (d) | a person who has a gender identity that is different from that expected of |
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| | a person of their recorded natal sex, provided that behaviour is not |
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| | (2) | A reference to a transgender person is a reference to a person who has the |
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| | protected characteristic of gender identity. |
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| | (3) | In relation to the protected characteristic of gender identity— |
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| | (a) | a reference to a person who has a particular protected characteristic is a |
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| | reference to a transgender person; |
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| | (b) | a reference to persons who share a protected characteristic is a reference |
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| | to transgender persons.’. |
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| | Disability pay gap information |
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| To move the following Clause:— |
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| | ‘(1) | A Minister of the Crown may by regulations require employers to publish |
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| | information relating to the pay of employees for the purpose of showing whether, |
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| | by reference to factors of such description as is prescribed, there are differences |
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| | in the pay of employees who have a disability and employees who do not have a |
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| | (2) | This section does not apply to— |
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| | (a) | an employer who has fewer than 250 employees; |
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| | (b) | a person specified in Schedule 19. |
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| | (3) | The regulations may prescribe— |
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| | (a) | descriptions of employer; |
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| | (b) | descriptions of employee; |
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| | (c) | how to calculate the number of employees that an employer has; |
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| | (d) | descriptions of information; |
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| | (e) | the time at which information is to be published; |
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| | (f) | the form and manner in which it is to be published. |
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| | (4) | Regulations under subsection (3)(e) may not require an employer, after the first |
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| | publication of information, to publish information more frequently than at |
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| | (5) | The regulations may make provision for a failure to comply with the |
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| | (a) | to be an offence punishable on summary conviction by a fine not |
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| | exceeding level 5 on the standard scale; |
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| | (b) | to be enforced otherwise than as an offence, by such means as is |
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| | (6) | The reference to a failure to comply with the regulations includes a reference to |
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| | a failure by a person acting on behalf of an employer.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Minister shall make regulations to permit the Equality and Human Rights |
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| | Commission or a registered trade union to apply to a court or tribunal as |
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| | appropriate for a representative action order in relation to a defined class of |
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| | persons (“the class”) who would benefit from the litigation of rights, or common |
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| | issues in relation to rights that members of the class may have as a result of the |
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| | (2) | The regulations shall make rules in relation to the making and termination of a |
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| | representative action order and its conduct. |
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| | (3) | Such rules shall provide for hearings to be conducted in private when it is |
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| | necessary for the issues between the members of the class and the Equality and |
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| | Human Rights Commission or a registered trade union to be resolved and those |
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| | issues are subject to legal professional privilege shared by members of the class. |
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| | (4) | Such rules shall make provision for the hearing of any issue as defined in |
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| | subsection (3) to be undertaken and managed by a different judge or tribunal from |
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| | the judge and tribunal that have the responsibility for determining the rights or |
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| | common issue in relation to rights, of the member class.’. |
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| To move the following Clause:— |
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| | ‘(1) | In this act “the right to equality” means the fundamental rights and freedoms set |
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| | out in subsections (2) to (4). |
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| | (2) | Everyone is equal before the law and has the right to the equal protection and |
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| | (3) | A public authority may not discriminate against anyone on any ground or |
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| | combination of grounds such as colour, race, nationality, ethnic or national origin, |
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| | language, gender identity, sex, sexual orientation, disability, religion or belief, |
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| | (4) | Subsections (2) and (3) do not preclude any law, programme or activity that has |
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| | as its object and outcome the amelioration of conditions of disadvantaged persons |
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| | or groups including those that are disadvantaged because of colour, race, |
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| | nationality, ethnic or national origin, language, gender identity, sex, sexual |
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| | orientation, disability, religion or belief, and age.’. |
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| | Interpretation of legislation |
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| To move the following Clause:— |
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| | ‘(1) | So far as it is possible to do so, primary legislation and subordinate legislation |
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| | must be read and given effect in a way which is compatible with the right to |
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| | (a) | applies to primary legislation and subordinate legislation whenever |
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| | (b) | does not affect the validity, continuing operation or enforcement of any |
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| | incompatible primary legislation; and |
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| | (c) | does not affect the validity, continuing operation or enforcement of any |
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| | incompatible subordinate legislation if (disregarding any possibility of |
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| | revocation) primary legislation prevents removal of the incompatibility.’. |
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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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