|
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Clause 196: The Welsh Ministers |
| |
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615. This clause establishes the Parliamentary procedures that apply to regulations and |
| |
orders under the Bill made by Welsh Ministers. |
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616. Most do not automatically need to be considered by the National Assembly for Wales. |
| 5 |
However, in most cases they can be opposed, in which case they may be considered by the |
| |
Assembly in plenary session. Instruments imposing specific duties on public authorities or |
| |
cross border authorities must be considered before they can come into force. |
| |
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617. In common with any Bill containing powers to make secondary legislation, this clause |
| 10 |
is needed to set out who is to make regulations and orders (usually a Minister), how their effect |
| |
may vary according to particular circumstances and the arrangements for Assembly control |
| |
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Clause 197: The Scottish Ministers |
| |
| 15 |
618. This clause establishes the parliamentary procedures that apply to regulations and |
| |
orders under the Bill made by Scottish Ministers. |
| |
619. Most do not automatically need to be debated by the Scottish Parliament. However, in |
| |
most cases they can be opposed, in which case a debate may be held. Instruments imposing |
| |
| |
|
| |
| |
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(6) | A statutory instrument other than one mentioned in subsection (2) or (4) is |
| |
subject to the negative procedure. |
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(7) | But a statutory instrument is not subject to the negative procedure by virtue of |
| |
subsection (6) merely because it contains— |
| |
(a) | an order under section 176(1) (rail vehicle accessibility: exemptions); |
| 5 |
(b) | an order under section 203 (commencement) that does not amend an |
| |
Act of Parliament, an Act of the Scottish Parliament or an Act or |
| |
Measure of the National Assembly for Wales. |
| |
(8) | If a statutory instrument is subject to the affirmative procedure, the order or |
| |
regulations contained in it must not be made unless a draft of the instrument |
| 10 |
is laid before and approved by a resolution of each House of Parliament. |
| |
(9) | If a statutory instrument is subject to the negative procedure, it is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(10) | If a draft of a statutory instrument mentioned in subsection (2) or (4) would, |
| |
apart from this subsection, be treated for the purposes of the Standing Orders |
| 15 |
of either House of Parliament as a hybrid instrument, it is to proceed in that |
| |
House as if it were not a hybrid instrument. |
| |
| |
(1) | This section applies where the power to make an order or regulations under |
| |
this Act is exercisable by the Welsh Ministers. |
| 20 |
(2) | A statutory instrument containing (whether alone or with other provision) |
| |
regulations mentioned in subsection (3) is subject to the affirmative procedure. |
| |
(3) | The regulations referred to in subsection (2) are— |
| |
(a) | regulations under section 147 or 148(2) (public sector equality duty: |
| |
powers to impose specific duties); |
| 25 |
(b) | regulations under section 149(5) that amend an Act of Parliament or an |
| |
Act or Measure of the National Assembly for Wales (public sector |
| |
equality duty: power to modify or remove specific duties). |
| |
(4) | A statutory instrument other than one mentioned in subsection (2) is subject to |
| |
| 30 |
(5) | If a statutory instrument is subject to the affirmative procedure, the regulations |
| |
contained in it must not be made unless a draft of the instrument is laid before |
| |
and approved by a resolution of the National Assembly for Wales. |
| |
(6) | If a statutory instrument is subject to the negative procedure, it is subject to |
| |
annulment in pursuance of a resolution of the National Assembly for Wales. |
| 35 |
197 | The Scottish Ministers |
| |
(1) | This section applies where the power to make an order, regulations or rules |
| |
under this Act is exercisable by the Scottish Ministers. |
| |
(2) | A statutory instrument containing (whether alone or with other provision) |
| |
regulations mentioned in subsection (3) is subject to the affirmative procedure. |
| 40 |
| |
|
| |
| |
| |
specific duties on public authorities or cross border authorities must be debated before they |
| |
| |
| |
620. In common with any Bill containing powers to make secondary legislation, this clause |
| |
is needed to set out who is to make regulations and orders (usually a Minister), how their effect |
| 5 |
may vary according to particular circumstances and the arrangements for Parliamentary |
| |
control over their exercise. |
| |
Clause 198: Amendments, repeals and revocations |
| |
| |
621. This clause gives effect to Schedules 26 and 27. Schedule 26 contains amendments to |
| 10 |
other Acts which are necessary as a consequence of the Bill’s provisions. Schedule 27 lists the |
| |
provisions in current legislation which will cease to have effect when the relevant provisions |
| |
of the Bill are brought into force. |
| |
Clause 199: General interpretation |
| |
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622. This clause explains what is meant by various words and phrases which appear in |
| |
more than one Part of the Bill. |
| |
| |
623. While a key objective of the Bill is to present discrimination law in plain language and |
| |
most words used in the Bill have an ordinarily obvious meaning, it is sometimes necessary to |
| 20 |
make clear the specific legal meaning of some words and phrases that are used several times in |
| |
| |
624. Other important words and phrases appear in only one Part or Chapter of the Bill. |
| |
Where necessary these are defined in the Part or Chapter where they appear. Others are not |
| |
defined at all, either because they are clear, or because they are to be interpreted in accordance |
| 25 |
with the Interpretation Act 1978. |
| |
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• It is necessary to clarify in this clause that “detriment” excludes harassment, to |
| |
prevent an overlap with victimisation, which uses “detriment” to describe bad or |
| |
unfavourable conduct in retaliation for a person doing some action under the Bill. |
| 30 |
| |
|
| |
| |
| |
(3) | The regulations referred to in subsection (2) are— |
| |
(a) | regulations under section 147 or 148(2) (public sector equality duty: |
| |
powers to impose specific duties); |
| |
(b) | regulations under section 149(5) that amend an Act of Parliament or an |
| |
Act of the Scottish Parliament (public sector equality duty: power to |
| 5 |
modify or remove specific duties). |
| |
(4) | A statutory instrument other than one mentioned in subsection (2) is subject to |
| |
| |
(5) | If a statutory instrument is subject to the affirmative procedure, the regulations |
| |
contained in it must not be made unless a draft of the instrument is laid before |
| 10 |
and approved by a resolution of the Scottish Parliament. |
| |
(6) | If a statutory instrument is subject to the negative procedure, it is subject to |
| |
annulment in pursuance of a resolution of the Scottish Parliament. |
| |
| |
198 | Amendments, repeals and revocations |
| 15 |
(1) | Schedule 26 (which contains amendments) has effect. |
| |
(2) | Schedule 27 (which contains repeals and revocations) has effect. |
| |
| |
199 | General interpretation |
| |
| 20 |
“armed forces” means any of the naval, military or air forces of the Crown; |
| |
“the Commission” means the Commission for Equality and Human |
| |
| |
“detriment” does not include conduct which amounts to harassment; |
| |
“the Education Acts” has the meaning given in section 578 of the |
| 25 |
| |
“employment” and related expressions are (subject to subsection (10)) to |
| |
| |
“enactment” means an enactment contained in— |
| |
(a) | an Act of Parliament, |
| 30 |
(b) | an Act of the Scottish Parliament, |
| |
(c) | an Act or Measure of the National Assembly for Wales, or |
| |
(d) | subordinate legislation; |
| |
“equality clause” means a sex equality clause or maternity equality clause; |
| |
“equality rule” means a sex equality rule or maternity equality rule; |
| 35 |
“man” means a male of any age; |
| |
“maternity equality clause” has the meaning given in section 68; |
| |
“maternity equality rule” has the meaning given in section 70; |
| |
| |
|
| |
| |
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“non-discrimination rule” has the meaning given in section 57; |
| |
“occupational pension scheme” has the meaning given in section 1 of the |
| |
Pension Schemes Act 1993; |
| |
“parent” has the same meaning as in— |
| |
(a) | the Education Act 1996 (in relation to England and Wales); |
| 5 |
(b) | the Education (Scotland) Act 1980 (in relation to Scotland); |
| |
“prescribed” means prescribed by regulations; |
| |
“profession” includes a vocation or occupation; |
| |
“sex equality clause” has the meaning given in section 61; |
| |
“sex equality rule” has the meaning given in section 62; |
| 10 |
“subordinate legislation” means— |
| |
(a) | subordinate legislation within the meaning of the Interpretation |
| |
| |
(b) | an instrument made under an Act of the Scottish Parliament or |
| |
an Act or Measure of the National Assembly for Wales; |
| 15 |
“trade” includes any business; |
| |
“woman” means a female of any age. |
| |
(2) | A reference (however expressed) to an act includes a reference to an omission. |
| |
(3) | A reference (however expressed) to an omission includes (unless there is |
| |
express provision to the contrary) a reference to— |
| 20 |
(a) | deliberate omission to do a thing; |
| |
| |
| |
(4) | A reference (however expressed) to providing or affording access to a benefit, |
| |
facility or service includes a reference to facilitating access to the benefit, |
| 25 |
| |
(5) | A reference to occupation, in relation to premises, is a reference to lawful |
| |
| |
(6) | The following are members of the executive— |
| |
(a) | a Minister of the Crown; |
| 30 |
(b) | a government department; |
| |
(c) | the Welsh Ministers, the First Minister for Wales or the Counsel |
| |
General to the Welsh Assembly Government; |
| |
(d) | any part of the Scottish Administration. |
| |
(7) | A reference to a breach of an equality clause or rule is a reference to a breach of |
| 35 |
a term modified by, or included by virtue of, an equality clause or rule. |
| |
(8) | A reference to a contravention of this Act does not include a reference to a |
| |
breach of an equality clause or rule, unless there is express provision to the |
| |
| |
(9) | “Member”, in relation to an occupational pension scheme, means an active |
| 40 |
member, a deferred member or a pensioner member (within the meaning, in |
| |
each case, given by section 124 of the Pensions Act 1995). |
| |
(10) | “Employer”, “pension credit member”, “pensionable service”, “pensioner |
| |
member” and “trustees or managers” each have, in relation to an occupational |
| |
pension scheme, the meaning given by section 124 of the Pensions Act 1995. |
| 45 |
| |
|
| |
| |
| |
Clause 200: References to maternity leave, etc. |
| |
| |
625. This clause explains what is meant by the different periods of maternity leave which |
| |
are referred to in the Bill. |
| |
| 5 |
626. The rights of female employees to statutory maternity leave are provided for in the |
| |
Employment Rights Act 1996. Compulsory maternity leave, ordinary maternity leave and |
| |
additional maternity leave are the three types of maternity leave provided for in sections 72(1), |
| |
71(1) and 73(1) of that Act respectively. |
| |
Clause 201: Index of defined expressions |
| 10 |
| |
627. This clause gives effect to, and introduces Schedule 28, which provides an index of |
| |
the expressions that are defined in the Bill. |
| |
| |
| 15 |
628. This clause is included to comply with rules of procedure on financial matters. It does |
| |
not, of itself, authorise expenditure that is not covered elsewhere in the Bill. |
| |
| |
|
