|
| |
| |
| |
(b) | a government department other than the Security Service, the Secret |
| |
Intelligence Service or the Government Communications Head- |
| |
| |
(c) | a county council or district council in England; |
| |
(d) | the Greater London Authority; |
| 5 |
(e) | a London borough council; |
| |
(f) | the Common Council of the City of London in its capacity as a local |
| |
| |
(g) | the Council of the Isles of Scilly; |
| |
(h) | a Strategic Health Authority established under section 13 of the |
| 10 |
National Health Service Act 2006, or continued in existence by virtue of |
| |
| |
(i) | a Primary Care Trust established under section 18 of that Act, or |
| |
continued in existence by virtue of that section; |
| |
(j) | a regional development agency established by the Regional |
| 15 |
Development Agencies Act 1998; |
| |
(k) | a police authority established for an area in England. |
| |
(4) | This section also applies to an authority that— |
| |
(a) | is a partner authority in relation to a responsible local authority, and |
| |
(b) | does not fall within subsection (3), |
| 20 |
| but only in relation to its participation in the preparation or modification of a |
| |
sustainable community strategy. |
| |
| |
“partner authority” has the meaning given by section 104 of the Local |
| |
Government and Public Involvement in Health Act 2007; |
| 25 |
“responsible local authority” has the meaning given by section 103 of that |
| |
| |
“sustainable community strategy” means a strategy prepared under |
| |
section 4 of the Local Government Act 2000. |
| |
(6) | The reference to functions in subsection (1) does not include any functions |
| 30 |
| |
(a) | are exercisable in or as regards Scotland, and |
| |
(b) | do not relate to reserved matters (within the meaning of the Scotland |
| |
| |
(7) | The reference to inequalities in subsection (1) does not include any inequalities |
| 35 |
experienced by a person as a result of being a person subject to immigration |
| |
control within the meaning given by section 115(9) of the Immigration and |
| |
| |
2 | Power to amend section 1 |
| |
(1) | A Minister of the Crown may by regulations amend section 1— |
| 40 |
(a) | to add a public authority to the authorities that are subject to the duty |
| |
under subsection (1) of that section; |
| |
(b) | to remove an authority from those that are subject to the duty; |
| |
(c) | to make the duty apply, in the case of a particular authority, only in |
| |
relation to certain functions that it has; |
| 45 |
(d) | in the case of an authority to which the application of the duty is |
| |
already restricted to certain functions, to remove or alter the restriction. |
| |
| |
|
| |
| |
| |
| |
45. This is a new provision. |
| |
| |
• A new public body is created in England to deal with regeneration. The Minister |
| |
decides that it should give consideration to reducing socio-economic inequalities when |
| 5 |
making strategic decisions. The Minister makes regulations to add the body to the list |
| |
| |
• Welsh Ministers decide they would like the duty to apply to local authorities in Wales, |
| |
starting a year after the duty starts to apply in England. They secure agreement to this |
| |
from the relevant Minister of the Crown, and make regulations to apply the duty to |
| 10 |
those bodies from their proposed commencement date. |
| |
| |
| |
46. This clause ensures that individuals have no recourse to private law because of a |
| |
failure by a public authority to comply with the duty imposed by clause 1. This means that |
| 15 |
individuals will not be able to claim damages for breach of statutory duty for a breach of this |
| |
duty. However, this clause does not prevent an individual from bringing judicial review |
| |
proceedings against a public authority which is covered by the duty, if he or she believes the |
| |
public authority has not considered socio-economic disadvantage when taking decisions of a |
| |
| 20 |
| |
|
| |
| |
| |
(2) | In subsection (1) “public authority” means an authority that has functions of a |
| |
| |
(3) | Provision made under subsection (1) may not impose a duty on an authority in |
| |
relation to any devolved Scottish functions or devolved Welsh functions. |
| |
(4) | The Welsh Ministers may by regulations amend section 1— |
| 5 |
(a) | to add a relevant Welsh authority to the authorities that are subject to |
| |
the duty under subsection (1) of that section; |
| |
(b) | to remove a relevant Welsh authority from those that are subject to the |
| |
| |
(c) | to make the duty apply, in the case of a particular relevant Welsh |
| 10 |
authority, only in relation to certain functions that it has; |
| |
(d) | in the case of a relevant Welsh authority to which the application of the |
| |
duty is already restricted to certain functions, to remove or alter the |
| |
| |
(5) | In subsection (4) “relevant Welsh authority” means an authority whose |
| 15 |
| |
(a) | are exercisable only in or as regards Wales, |
| |
(b) | are wholly or mainly devolved Welsh functions, and |
| |
(c) | correspond or are similar to those of an authority for the time being |
| |
specified in subsection (3) of section 1 or referred to in subsection (4) of |
| 20 |
| |
(6) | The Welsh Ministers may not make regulations under subsection (4) without |
| |
the consent of a Minister of the Crown. |
| |
(7) | Regulations under this section may make any amendments of section 1 that |
| |
appear to the Minister or Ministers to be necessary or expedient in |
| 25 |
consequence of provision made under subsection (1) or (as the case may be) |
| |
| |
(8) | For the purposes of this section— |
| |
(a) | a function is a devolved Scottish function if it is exercisable in or as |
| |
regards Scotland and it does not relate to reserved matters (within the |
| 30 |
meaning of the Scotland Act 1998); |
| |
(b) | a function is a devolved Welsh function if it relates to a matter in respect |
| |
of which functions are exercisable by the Welsh Ministers, the First |
| |
Minister for Wales or the Counsel General to the Welsh Assembly |
| |
Government, or to a matter within the legislative competence of the |
| 35 |
National Assembly for Wales. |
| |
| |
A failure in respect of a performance of a duty under section 1 does not confer |
| |
a cause of action at private law. |
| |
| |
|
| |
| |
| |
| |
47. This is a new provision. |
| |
| |
• An individual feels that the socio-economic disadvantages he faces should entitle him |
| |
to a flat in a new social housing development, ahead of those whom he judges to be |
| 5 |
less disadvantaged. However, there is no provision in this Bill for him to bring a case |
| |
against the local council or other public authority in such circumstances. |
| |
| |
Chapter 1: Protected characteristics |
| |
Clause 4: The protected characteristics |
| 10 |
| |
48. This clause lists the characteristics that are protected by subsequent provisions in the |
| |
| |
| |
49. The protected characteristics listed are the same as those currently protected by |
| 15 |
discrimination legislation in Great Britain. |
| |
| |
| |
50. This clause establishes that where the Bill refers to the protected characteristic of age, |
| |
it means a person belonging to a particular age group. An age group includes people of the |
| 20 |
same age and people of a range of ages. Where people fall in the same age group they share |
| |
the protected characteristic of age. |
| |
| |
51. This clause replaces a provision in the Employment Equality (Age) Regulations 2006. |
| |
| 25 |
| |
• An age group would include “over fifties” or twenty-one year olds. |
| |
| |
|
| |
| |
| |
| |
| |
| |
Protected characteristics |
| |
4 | The protected characteristics |
| 5 |
The following characteristics are protected characteristics— |
| |
| |
| |
| |
marriage and civil partnership; |
| 10 |
| |
| |
| |
| |
| 15 |
| |
(1) | In relation to the protected characteristic of age— |
| |
(a) | a reference to a person who has a particular protected characteristic is |
| |
a reference to a person of a particular age group; |
| |
(b) | a reference to persons who share a protected characteristic is a |
| 20 |
reference to persons of the same age group. |
| |
(2) | A reference to an age group is a reference to a group of persons defined by |
| |
reference to age, whether by reference to a particular age or to a range of ages. |
| |
| |
|
| |
| |
| |
• A person aged twenty-one does not share the same characteristic of age with “people |
| |
in their forties”. However, a person aged twenty-one and people in their forties can |
| |
share the characteristic of being “under fifty”. |
| |
| |
| 5 |
52. This clause establishes who is to be considered as having the protected characteristic |
| |
of disability and is a disabled person for the purposes of the Bill. With Schedule 1 and |
| |
regulations to be made under that Schedule, it will also establish what constitutes a disability. |
| |
Where people have the same disability, they share the protected characteristic of disability. |
| |
53. It provides for Ministers to issue statutory guidance to help those who need to decide |
| 10 |
whether a person has a disability for the purposes of the Bill. |
| |
| |
54. This clause, Schedule 1, and regulations to be made under Schedule 1 replaces similar |
| |
provisions in the Disability Discrimination Act 1995 and provisions in secondary legislation |
| |
| 15 |
| |
• A man works in a warehouse, loading and unloading heavy stock. He develops a long- |
| |
term heart condition and no longer has the ability to lift or move heavy items of stock |
| |
at work. Lifting and moving such heavy items is not a normal day-to-day activity. |
| |
However, he is also unable to lift, carry or move moderately heavy everyday objects |
| 20 |
such as chairs, at work or around the home. This is an adverse effect on a normal day- |
| |
to-day activity. He is likely to be considered a disabled person for the purposes of the |
| |
| |
• A young woman has developed colitis, an inflammatory bowel disease. The condition |
| |
is a chronic one which is subject to periods of remissions and flare-ups. During a |
| 25 |
flare-up she experiences severe abdominal pain and bouts of diarrhoea. This makes it |
| |
very difficult for her to travel or go to work. This has a substantial adverse effect on |
| |
her ability to carry out normal day-to-day activities. She is likely to be considered a |
| |
disabled person for the purposes of the Bill. |
| |
Clause 7: Gender reassignment |
| 30 |
| |
55. This clause defines the protected characteristic of gender reassignment for the |
| |
purposes of the Bill as where a person has proposed, started or completed a process to change |
| |
his or her sex. A transsexual person has the protected characteristic of gender reassignment. |
| |
56. The clause also explains that a reference to people who have or share the common |
| 35 |
characteristic of gender reassignment is a reference to all transsexual people. A woman |
| |
transitioning to being a man and a man transitioning to being a woman both share the |
| |
characteristic of gender reassignment, as does a person who has only just started out on the |
| |
process of changing his or her sex and a person who has completed the process. |
| |
| |
|
| |
| |
| |
| |
| |
(1) | A person (P) has a disability if— |
| |
(a) | P has a physical or mental impairment, and |
| |
(b) | the impairment has a substantial and long-term adverse effect on P’s |
| 5 |
ability to carry out normal day-to-day activities. |
| |
(2) | A reference to a disabled person is a reference to a person who has a disability. |
| |
(3) | In relation to the protected characteristic of disability— |
| |
(a) | a reference to a person who has a protected characteristic is a reference |
| |
to a person who has a particular disability; |
| 10 |
(b) | a reference to persons who share a protected characteristic is a |
| |
reference to persons who have the same disability. |
| |
(4) | This Act (except Part 12 and section 183) applies in relation to a person who has |
| |
had a disability as it applies in relation to a person who has the disability; |
| |
accordingly, except in that Part and that section— |
| 15 |
(a) | a reference (however expressed) to a person who has a disability |
| |
includes a reference to a person who has had the disability; |
| |
(b) | a reference (however expressed) to a person who does not have a |
| |
disability includes a reference to a person who has not had the |
| |
| 20 |
(5) | A Minister of the Crown may issue guidance about matters to be taken into |
| |
account in deciding any question for the purposes of subsection (1). |
| |
(6) | Schedule 1 (disability: supplementary provision) has effect. |
| |
| |
(1) | A person has the protected characteristic of gender reassignment if the person |
| 25 |
is proposing to undergo, is undergoing or has undergone a process (or part of |
| |
a process) for the purpose of reassigning the person’s sex by changing |
| |
physiological or other attributes of sex. |
| |
(2) | A reference to a transsexual person is a reference to a person who has the |
| |
protected characteristic of gender reassignment. |
| 30 |
(3) | In relation to the protected characteristic of gender reassignment— |
| |
| |
|
