|
| |
| |
| |
(a) | selecting one or more persons to represent a country, place or area or a |
| |
related association, in a sport or game or other activity of a competitive |
| |
| |
(b) | doing anything in pursuance of the rules of a competition so far as |
| |
relating to eligibility to compete in a sport or game or other such |
| 5 |
| |
| |
Schedule 23 (general exceptions) has effect. |
| |
| |
(1) | A Minister of the Crown may by order amend this Act to provide that any of |
| 10 |
the following does not contravene this Act so far as relating to age— |
| |
| |
(b) | anything done for a specified purpose; |
| |
(c) | anything done in pursuance of arrangements of a specified description. |
| |
(2) | Specified conduct is conduct— |
| 15 |
(a) | of a specified description, |
| |
(b) | carried out in specified circumstances, or |
| |
(c) | by or in relation to a person of a specified description. |
| |
(3) | This section is not affected by any provision of this Act which makes special |
| |
provision in relation to age. |
| 20 |
(4) | The references to this Act in subsection (1) do not include references to— |
| |
| |
(b) | Chapter 2 of Part 6 (further and higher education). |
| |
| |
General and miscellaneous |
| 25 |
| |
| |
|
| |
| |
| |
| |
| |
| |
605. This clause enables a Minister of the Crown to amend the Act resulting from the Bill |
| |
and the Equality Act 2006, to ensure consistency across the legislation where changes required |
| 5 |
by European law would otherwise result in inconsistent provision. Section 2(2)(a) of the |
| |
European Communities Act 1972 allows a Minister by regulations or order to give effect to a |
| |
right or obligation arising out of a Community law provision. Where provisions of this Bill |
| |
and equality law of the UK more generally deal with a sector on a single basis some of the |
| |
matters covered may not be within the reach of European community law and so outside |
| 10 |
s.2(2)(a). This arises for instance in the case of nationally and colour which are not dealt with |
| |
under the Community law provisions on race discrimination but are covered by the UK |
| |
provisions. Section 2(2)(b) of the European Communities Act 1972 would not allow |
| |
amendment of all relevant parts of the legislation in these circumstances, because the change |
| |
required in respect of, say nationality or colour, would not be consequential on or arising out |
| 15 |
of the Community obligation. In order to retain the unitary approach to discrimination law it is |
| |
necessary to have a power such as this so that in appropriate cases amendments can also be |
| |
made to those areas of the Bill unaffected by new Community law obligations |
| |
606. A Minister may use this power only after consulting interested parties, and any |
| |
regulations must be laid before each House of Parliament for approval. A Minister must report |
| 20 |
to Parliament every five years on use of this power. |
| |
| |
607. This is a new provision designed to ensure that the areas of the Bill that are covered by |
| |
European law and those that are domestic in origin do not get out of step, as was the case with |
| |
| 25 |
| |
• A future European Court of Justice judgment on the Race Directive requires an |
| |
amendment to alter the definition of indirect discrimination. This power could be used |
| |
to ensure that any such amendment applies to the “colour and nationality” elements of |
| |
race in the Bill, as well as those in relation to which EU law applies. |
| 30 |
Clause 192: Crown application |
| |
| |
608. This clause sets out how the Bill applies to Ministers, government departments and |
| |
certain statutory bodies – collectively known as the Crown. The clause does not affect the |
| |
Sovereign in her private capacity. |
| 35 |
| |
|
| |
| |
| |
| |
| |
(1) | This section applies if— |
| |
(a) | there is a Community obligation of the United Kingdom which a |
| |
Minister of the Crown thinks relates to the subject matter of the |
| 5 |
| |
(b) | the obligation is to be implemented by the exercise of the power under |
| |
section 2(2) of the European Communities Act 1972 (the implementing |
| |
| |
(c) | the Minister thinks that it is appropriate to make harmonising |
| 10 |
provision in the Equality Acts. |
| |
(2) | The Minister may by order make the harmonising provision. |
| |
(3) | Before making the order, the Minister must consult persons and organisations |
| |
the Minister thinks are likely to be affected by the harmonising provision. |
| |
(4) | The consultation must be in such form or manner as the Minister thinks |
| 15 |
| |
(5) | Unless the Minister thinks that the making of the order is a matter of urgency, |
| |
the Minister must not make the order before the end of the period of 12 weeks |
| |
after the consultation starts. |
| |
(6) | The Equality Acts are the Equality Act 2006 and this Act. |
| 20 |
(7) | Harmonising provision is provision made in relation to relevant subject matter |
| |
| |
(a) | which corresponds to the implementing provision, or |
| |
(b) | which the Minister thinks is necessary or expedient in consequence of |
| |
or related to provision made in pursuance of paragraph (a) or the |
| 25 |
| |
(8) | The implementing provision is provision made or to be made in exercise of the |
| |
implementing power in relation to so much of the subject matter of the |
| |
Equality Acts as implements a Community obligation. |
| |
(9) | Relevant subject matter of the Equality Acts is so much of the subject matter of |
| 30 |
those Acts as does not implement a Community obligation. |
| |
(10) | A harmonising provision may amend a provision of the Equality Acts. |
| |
(11) | The reference to this Act does not include a reference to this section or Schedule |
| |
24 or to a provision specified in that Schedule. |
| |
(12) | A Minister of the Crown must report to Parliament on the exercise of the power |
| 35 |
| |
(a) | at the end of the period of 5 years starting on the day this section comes |
| |
| |
(b) | at the end of each succeeding period of 5 years. |
| |
| 40 |
| |
(1) | The following provisions of this Act bind the Crown— |
| |
(a) | Part 1 (public sector duty regarding socio-economic inequalities); |
| |
| |
|
| |
| |
| |
| |
609. This clause replicates the effect of similar provisions in current legislation. The |
| |
principle is that the machinery of government, both elected and administrative, should be |
| |
subject to the Bill in the same way as everybody else, unless there are good reasons for it not |
| |
being. The clause also replicates the arrangements in the current discrimination legislation for |
| 5 |
taking proceedings against the Crown. |
| |
| |
• A government department as employer must not discriminate against an employee on |
| |
the grounds of race, just as any other employer is prohibited from doing so under the |
| |
| 10 |
Clause 193: Information society services |
| |
| |
610. This clause gives effect to Schedule 24, which sets out how the clauses which make it |
| |
unlawful to discriminate against, harass or victimise a person because of a protected |
| |
characteristic apply to information society service providers (see the explanatory notes to |
| 15 |
| |
| |
611. The provisions in Schedule 24 are new. |
| |
Clause 194: Exercise of power |
| |
612. This clause makes provision for the powers to make secondary legislation under the |
| 20 |
Bill. Unless it is stated otherwise, they will be exercised by a Minister of the Crown and be |
| |
statutory instruments. It also provides that orders and regulations may deal with different |
| |
situations differently and include consequential and other provisions dealing with transition to |
| |
the new provisions. Under subsection (6), in some cases, such as on commencement of the |
| |
provisions of the Act the consequential provision can be used to amend an enactment and can |
| 25 |
make specific provision to deal with situations that exist at the time the provisions come into |
| |
| |
| |
|
| |
| |
| |
(b) | Part 3 (services and public functions), so far as relating to the exercise |
| |
| |
(c) | Chapter 1 of Part 11 (public sector equality duty). |
| |
(2) | Part 5 (work) binds the Crown as provided for by that Part. |
| |
(3) | The remainder of this Act applies to Crown acts as it applies to acts done by a |
| 5 |
| |
(4) | For the purposes of subsection (3), an act is a Crown act if (and only if) it is |
| |
| |
(a) | by or on behalf of a member of the executive; |
| |
(b) | by a statutory body acting on behalf of the Crown; |
| 10 |
(c) | by or on behalf of the holder of a statutory office acting on behalf of the |
| |
| |
(5) | A statutory body or office is a body or office established by an enactment. |
| |
(6) | The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to |
| |
proceedings against the Crown under this Act as they apply to proceedings in |
| 15 |
England and Wales which, as a result of section 23 of that Act, are treated for |
| |
the purposes of Part 2 of that Act as civil proceedings by or against the Crown. |
| |
(7) | The provisions of Part 5 of that Act apply to proceedings against the Crown |
| |
under this Act as they apply to proceedings in Scotland which, as a result of |
| |
that Part, are treated as civil proceedings by or against the Crown. |
| 20 |
(8) | But the proviso to section 44 of that Act (removal of proceedings from the |
| |
sheriff to the Court of Session) does not apply to proceedings under this Act. |
| |
193 | Information society services |
| |
Schedule 25 (information society services) has effect. |
| |
| 25 |
| |
(1) | A power to make an order or regulations under this Act is exercisable by a |
| |
Minister of the Crown, unless expressly provided to the contrary. |
| |
(2) | Orders, regulations or rules under this Act must be made by statutory |
| |
| 30 |
| |
|
| |
| |
| |
Clause 195: Ministers of the Crown |
| |
| |
613. This clause establishes which Parliamentary procedures apply to the regulations and |
| |
orders which can be made by Ministers of the Crown under the Bill. |
| |
| 5 |
614. In common with any Bill containing powers to make secondary legislation, this clause |
| |
is needed to set out the arrangements for how Parliament is to control the use of powers in the |
| |
Bill. It provides for any instrument amending any Act (including the Act resulting from this |
| |
Bill), any Act of the Scottish Parliament or Act or Measure of the Welsh Assembly to be made |
| |
only using the affirmative procedure. There are some exceptions. In a few other cases – for |
| 10 |
example where regulations under clause 73 are made to introduce a requirement on employers |
| |
to report on their gender pay gap the affirmative procedure must also be used and the relevant |
| |
order or regulations must be approved by both Houses of Parliament before they can come into |
| |
| |
| |
|
| |
| |
| |
(3) | Subsection (2) does not apply to— |
| |
(a) | a transitional exemption order under Part 1 of Schedule 11, |
| |
(b) | a transitional exemption order under Part 1 of Schedule 12, or |
| |
(c) | an order under paragraph 1(3) of Schedule 14 that does not modify an |
| |
| 5 |
(4) | Orders or regulations under this Act— |
| |
(a) | may make different provision for different purposes; |
| |
(b) | may include consequential, incidental, supplementary, transitional, |
| |
transitory or saving provision. |
| |
(5) | Nothing in section 156(4), 167(4) or 175(3) affects the generality of the power |
| 10 |
| |
(6) | The power under subsection (4)(b), in its application to section 147, 148(2), |
| |
149(5), 190 or 203 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3) |
| |
of Schedule 14, includes power to amend an enactment (including, in the case |
| |
of section 190, this Act). |
| 15 |
195 | Ministers of the Crown |
| |
(1) | This section applies where the power to make an order or regulations under |
| |
this Act is exercisable by a Minister of the Crown. |
| |
(2) | A statutory instrument containing (whether alone or with other provision) an |
| |
order or regulations that amend this Act or another Act of Parliament, or an |
| 20 |
Act of the Scottish Parliament or an Act or Measure of the National Assembly |
| |
for Wales, is subject to the affirmative procedure. |
| |
(3) | But a statutory instrument is not subject to the affirmative procedure by virtue |
| |
of subsection (2) merely because it contains— |
| |
(a) | an order under section 2 (socio-economic inequalities); |
| 25 |
(b) | an order under section 56 (local authority functions); |
| |
(c) | an order under section 145 (power to specify public authorities for the |
| |
purposes of the public sector equality duty); |
| |
(d) | an order under paragraph 1(3) of Schedule 14 that modifies an |
| |
enactment (educational charities and endowments). |
| 30 |
(4) | A statutory instrument containing (whether alone or with other provision) an |
| |
order or regulations mentioned in subsection (5) is subject to the affirmative |
| |
| |
(5) | The orders and regulations referred to in subsection (4) are— |
| |
(a) | regulations under section 28 (services: ships and hovercraft); |
| 35 |
(b) | regulations under section 73 (gender pay gap information); |
| |
(c) | regulations under section 76 (work: ships and hovercraft); |
| |
(d) | an order under section 100 (election candidates: expiry of provision); |
| |
(e) | regulations under section 147 or 148(2) (public sector equality duty); |
| |
(f) | regulations under section 177(4) (rail vehicle accessibility: procedure |
| 40 |
| |
(g) | an order under section 191 (Community obligations: harmonisation); |
| |
(h) | regulations under paragraph 9(3) of Schedule 20 (rail vehicle |
| |
accessibility: determination of turnover for purposes of penalties). |
| |
| |
|
