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| | [Seventh and Eighth Sittings]
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| | Clause 6, page 5, line 4, leave out ‘and long-term’. |
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| | Clause 6, page 5, line 19, at end insert— |
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| | | ‘(4A) | Where reference is made in this Act to a person (B) who is perceived to have a |
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| | | disability, the reference is taken to apply to this person whether or not the |
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| | | perceived impairment has a substantial and long-term adverse effect on B’s |
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| | | ability to carry out normal day-to-day activities.’. |
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| | Schedule 1, page 144, line 10, at end insert ‘the effect’. |
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| | Schedule 1, page 144, line 11, leave out ‘it’. |
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| | Schedule 1, page 144, line 12, leave out ‘it’. |
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| | Schedule 1, page 144, line 13, leave out ‘it’. |
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| | Schedule 1, page 144, line 16, leave out ‘effect is likely to recur’ and insert |
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| | ‘impairment is of a nature where it, or its effects, is liable to recur’. |
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| | Schedule 1, page 144, line 16, at end insert— |
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| | | ‘(2A) | Without prejudice to the operation of sub-paragraph (2), the mental impairment |
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| | | consisting of or resulting from depression that has ceased to have a substantial |
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| | | adverse effect on a person’s ability to carry out normal day to day activities shall |
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| | | always be treated as if that effect is likely to recur if the person has had within the |
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| | | last 5 years a previous episode of such impairment which had a substantial |
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| | | adverse effect on the person’s ability to carry out normal day to day activities for |
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| | | a period of 6 months or more.’. |
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| | Clause 7, page 5, line 25, leave out ‘proposing to undergo’ and insert ‘considering |
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| | Page 5, line 23, leave out Clause 7. |
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| | Clause 8, page 6, line 7, leave out ‘or a civil partner’ and insert ‘, a civil partner, co- |
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| | Clause 8, page 6, line 10, leave out ‘or is a civil partner’ and insert ‘, a civil partner, |
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| | Clause 8, page 6, line 12, leave out ‘or are civil partners’ and insert ‘, civil partners, |
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| | Clause 10, page 7, line 23, at end insert— |
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| | | ‘(4) | The meaning of religion or belief does not include whether, or the degree to |
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| | | which, a person has one or more of another protected characteristic.’. |
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| | Clause 10, page 7, line 23, at end insert— |
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| | | ‘(4) | The meaning of religion or belief does not include the degree of support for |
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| | | matters of public policy or for the policies of a political party.’. |
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| Clause 10, page 7, line 23, at end insert ‘In relation to the protected characteristic |
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| | of religion or belief, a reference to a person’s religion or belief does not include reference |
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| | to that person’s other protected characteristics.’. |
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| | | Clause 10, page 7, line 23, at end insert— |
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| | | ‘(4) | The meaning of religion or belief does not include the degree of support for |
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| | | matters of public policy or for the policies of a political party.’. |
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| | Clause 12, page 8, line 16, at end add— |
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| | | ‘(3) | Sexual orientation includes manifestations of that sexual orientation.’. |
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| | | Clause 12, page 8, line 16, at end add— |
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| | | | ‘and includes manifestations of any such sexual orientation.’. |
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| | Clause 13, page 9, line 5, leave out ‘because of’ and insert ‘on grounds of’. |
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| | Clause 13, page 9, line 5, leave out ‘because of’ and insert ‘on the grounds of’. |
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| | Clause 13, page 9, line 5, leave out ‘a’ and insert ‘one or more than one’. |
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| | Clause 13, page 9, line 6, at end insert— |
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| | | ‘(1A) | Discrimination does not include marketing or promoting activities targeted at a |
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| | | particular group of people whether or not they share a protected characteristic.’. |
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| | Clause 13, page 9, line 6, at end insert— |
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| | | ‘(1A) | This section applies to a person (B) who is perceived by A to have a protected |
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| | | characteristic, regardless of whether B does in fact have that characteristic. |
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| | | (1B) | This section applies to a person (B) who has an association with a person who has |
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| | | a protected characteristic.’. |
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| | Clause 13, page 9, line 10, leave out subsection (3) and insert— |
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| | | ‘(3) | If the protected characteristic is disability, nothing in this section shall be taken |
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| | | to prohibit more favourable treatment of a disabled person on the grounds of a |
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| | | disabled person’s disability.’. |
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| | Clause 13, page 9, line 15, at end insert— |
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| | | ‘(3A) | If the protected characteristic is disability, this section applies to a person who is |
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| | | perceived to have a disability.’. |
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| | Clause 13, page 9, line 20, at end insert— |
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| | | ‘(5A) | If the protected characteristic is religion or belief, for the purposes of this section, |
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| | | a claim for direct discrimination on that protected ground can not solely rely on |
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| | | A treating B less favourably on the basis of a manifestation of B’s religion or |
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| | | Clause 13, page 9, line 20, at end insert— |
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| | | ‘(5A) | A person (A) does not discriminate against another (B) because of religion or |
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| | | belief within the meaning of subsection (1) if A treats B less favourably than A |
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| | | treats or would treat others on grounds only of a manifestation of or behaviour |
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| | | connected with B’s religion or belief.’. |
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| | Clause 13, page 9, leave out lines 21 and 22 and insert— |
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| | | ‘(6) | It does not matter if the protected characteristic that B has is also shared by A.’. |
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| | Clause 13, page 9, line 22, at end insert— |
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| | | ‘(b) | less favourable treatment includes placing tighter restrictions on |
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| | | expression related to religion or belief than on expression not related to |
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| | Clause 13, page 9, line 22, at end insert— |
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| | | ‘(6A) | If the protected characteristic is sexual orientation it does not matter whether the |
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| | | sexual orientation is also A’s.’. |
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| | Clause 13, page 9, line 27, at end insert— |
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| | | ‘(7A) | If the protected characteristic is sexual orientation, A discriminates against B if A |
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| | | treats B less favourably than A treats or would treat others on the basis of a |
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| | | manifestation of B’s sexual orientation.’. |
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| | Clause 14, page 10, leave out lines 3 to 6 and insert— |
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| | | ‘(a) | A treats B in a particular way for a reason arising from B’s disability, |
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| | | (b) | the treatment amounts to a detriment, and |
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| | | (c) | A cannot show that the treatment is a proportionate means of achieving a |
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| | | (1A) | For the purposes of this section, A treats B in a particular way for a reason arising |
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| | | (a) | A treats B in that way for a reason arising from B’s disability (but not by |
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| | | reason of B’s disability itself); or |
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| | | (b) | A treats B in that way for a reason arising from a manifestation of or |
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| | | behaviour connected with B’s disability (but not by reason of B’s |
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| | | (1B) | For the purposes of subsection (1), A treats B in a particular way for a reason |
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| | | arising from B’s disability even if A treats or would treat another person without |
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| | | a disability in the same way as B where that other person’s circumstances are |
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| | | otherwise the same as those of A. |
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| | | (1C) | For the purposes of this section, the circumstances in which A shall be taken to |
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| | | be reasonably expected to know about B’s disability include where A has failed |
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| | | to ask B if he has a disability.’. |
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| | Clause 14, page 10, line 5, leave out paragraph (c). |
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| | Clause 15, page 11, line 1, leave out ‘reassignment’ and insert ‘identity’. |
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| | Clause 15, page 11, line 3, leave out ‘reassignment’ and insert ‘identity’. |
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| | Clause 15, page 11, line 12, leave out ‘7(1)’, and insert ‘[Gender identity] (1)(a)’. |
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| | Clause 16, page 11, line 15, leave out ‘maternity’ and insert ‘parenthood’. |
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| | Clause 16, page 11, line 20, leave out ‘less favourably’ and insert ‘unfavourably’. |
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| | Clause 16, page 11, line 22, leave out ‘26’ and insert ‘52’. |
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| | Clause 16, page 11, line 22, leave out from ‘if’ to ‘A’ in line 23. |
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| | Clause 16, page 11, line 23, leave out ‘less favourably’ and insert ‘unfavourably’. |
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| | Clause 16, page 11, line 24, at end add— |
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| | | ‘(4) | A person (A) discriminates against a man if, in the period of 52 weeks beginning |
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| | | with the day on which his child was born, A treats him unfavourably because he |
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