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(23-29)


 

EXPLANATORY NOTES

 
 

E149


 


Schedule 2 — Services and public functions: reasonable adjustments

 
 

(h)   

a vehicle deployed to transport the driver and passengers of a

vehicle that has broken down or is involved in an accident, or

(i)   

a vehicle deployed on a system using a mode of guided transport

(within the meaning of the Transport and Works Act 1992).

      (4)  

In so far as the second requirement requires A to adopt a reasonable

alternative method of providing the service to disabled persons, A may not,

for the purpose of complying with the requirement, rely on sub-paragraph

(2)(b)(c) or (d) if the vehicle is within sub-paragraph (3)(h).

      (5)  

A may not, for the purpose of complying with the first, second or third

requirement rely on sub-paragraph (2) of this paragraph if A provides the

service by way of a hire-vehicle built to carry no more than eight passengers.

      (6)  

For the purposes of sub-paragraph (5) in its application to the second

requirement, a part of a vehicle is to be regarded as a physical feature if it

requires alteration in order to facilitate the provision of—

(a)   

hand controls to enable a disabled person to operate braking and

accelerator systems in the vehicle;

(b)   

facilities for the stowage of a wheelchair.

      (7)  

For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical

systems are not physical features; and for the purposes of sub-paragraph

(6)(b), fixed seating is not a physical feature.

      (8)  

In the case of a vehicle within sub-paragraph (3), a relevant device is not an

auxiliary aid for the purposes of the third requirement.

      (9)  

A relevant device is a device or structure, or equipment, the installation,

operation or maintenance of which would necessitate making a permanent

alteration to, or which would have a permanent effect on, the internal or

external fabric of the vehicle.

     (10)  

Regulations may amend this paragraph so as to provide for sub-paragraph

(2) not to apply, or to apply only so far as is prescribed, in relation to vehicles

of a prescribed description.

Interpretation

4     (1)  

This paragraph applies for the purposes of paragraph 3.

      (2)  

A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring

agreement to which section 66 of the Road Traffic Offenders Act 1988

applies.

      (3)  

A “taxi”, in England and Wales, is a vehicle—

(a)   

licensed under section 37 of the Town Police Clauses Act 1847,

(b)   

licensed under section 6 of the Metropolitan Public Carriage Act

1869, or

(c)   

drawn by one or more persons or animals.

      (4)  

A “taxi”, in Scotland, is—

(a)   

a hire car engaged, by arrangements made in a public place between

the person to be transported (or a person acting on that person’s

behalf) and the driver, for a journey starting there and then, or

(b)   

a vehicle drawn by one or more persons or animals.

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Schedule 2 — Services and public functions: reasonable adjustments

 
 

Schedule 3: services and public functions: exceptions

640. This Schedule sets out exceptions from the prohibitions on discriminating against,

harassing or victimising a person when providing services or exercising a public function set

out in clause 27 of the Bill.

Part 1: Constitutional matters: paragraphs 1-5

Effect

641. Part 1 of this Schedule provides that the prohibitions do not apply to:

• the exercise of parliamentary functions and functions linked to the undertaking of

parliamentary business;

• preparing, making, approving or considering primary legislation or particular forms of

secondary legislation, including legislation of the Scottish Parliament and the National

Assembly for Wales;

• exercising judicial functions or deciding not to commence or continue criminal

proceedings

642. Part 1 also provides that the prohibition on discriminating against a person when

exercising a public function does not apply to the armed forces in respect of the protected

characteristics of age, disability, gender reassignment and sex when the reason for such acts is

to ensure combat effectiveness.

643. It also provides that the prohibitions on discriminating against, harassing or

victimising a person when providing a service or exercising a public function do not apply to

the Security Service, the Security Intelligence Service, the Government Communication

Headquarters (GCHQ) or any part of the armed forces assisting GCHQ.

Background

644. Part 1 of this Schedule is designed to replicate the effect of exceptions contained in

current legislation where discrimination, harassment and victimisation in the exercise of a

public function is already prohibited, and apply the exception to relevant protected

characteristics.

Examples

• Activity related to the preparation and making of primary legislation, such as this Bill,

would be excepted from the prohibition on discrimination. However, activity related to

the making of a bye-law by a local authority would not be within the exceptions in this

Schedule.

• A decision of a judge on the merits of a case would be within the exceptions in this

Schedule. An administrative decision of court staff, about which contractor to use to

carry out maintenance jobs or which supplier to use when ordering stationery would

not be.

E150


 


Schedule 3 — Services and public functions: exceptions
Part 1 — Constitutional matters

 
 

Schedule 3

Section 29

 

Services and public functions: exceptions

Part 1

Constitutional matters

Parliament

1     (1)  

Section 27 does not apply to the exercise of—

(a)   

a function of Parliament;

(b)   

a function exercisable in connection with proceedings in Parliament.

      (2)  

Sub-paragraph (1) does not permit anything to be done in contravention of

that section to or in relation to an individual unless it is done by or in

pursuance of a resolution or other deliberation of either House or of a

Committee of either House.

Legislation

2     (1)  

Section 27 does not apply to preparing, making or considering—

(a)   

an Act of Parliament;

(b)   

a Bill for an Act of Parliament;

(c)   

an Act of the Scottish Parliament;

(d)   

a Bill for an Act of the Scottish Parliament;

(e)   

an Act of the National Assembly for Wales;

(f)   

a Bill for an Act of the National Assembly for Wales.

      (2)  

Section 27 does not apply to preparing, making, approving or considering—

(a)   

a Measure of the National Assembly for Wales;

(b)   

a proposed Measure of the National Assembly for Wales.

      (3)  

Section 27 does not apply to preparing, making, confirming, approving or

considering an instrument which is made under an enactment by—

(a)   

a Minister of the Crown;

(b)   

the Scottish Ministers or a member of the Scottish Executive;

(c)   

the Welsh Ministers, the First Minister for Wales or the Counsel

General to the Welsh Assembly Government.

      (4)  

Section 27 does not apply to preparing, making, confirming, approving or

considering an instrument to which paragraph 6(a) of Schedule 2 to the

Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts

of Synod, orders, etc.) applies.

      (5)  

Section 27 does not apply to anything done in connection with the

preparation, making, consideration, approval or confirmation of an

instrument made—

(a)   

by Her Majesty in Council;

(b)   

by the Privy Council.

      (6)  

Section 27 does not apply to anything done in connection with the

imposition of a requirement or condition which comes within Schedule 22.

150


 


Schedule 3 — Services and public functions: exceptions
Part 1 — Constitutional matters

 
 

Part 2: Education

Education: paragraph 6

Effect

645. Paragraph 6 provides that the prohibitions on discrimination in Part 3 do not, so far as

they relate to age, or religion or belief, apply to a local authority performing its function under

sections 13 and 14 of the Education Act 1996 which relate to providing primary and secondary

schools for children in a given catchment area.

Background

646. Similar exceptions for religion or belief were in the Equality Act 2006. The age

exceptions are new because of the extension of age discrimination law in this Bill.

647. The reason for the provision in paragraph 6 is to prevent a local authority being bound

to provide schools for pupils of different faiths, or no faith, or for particular age groups, in

every catchment area.

Examples

• Catholic parents will not be able to claim that their local authority is discriminating

unlawfully if there is no Catholic school in their catchment area, or if there are fewer

places in Catholic schools than in Church of England schools.

• Parents of secondary age children will not be able to claim that it is age discrimination

if their children have to travel further than younger ones to reach their school.

Education: paragraph 7

Effect

648. Paragraph 7 makes similar provision for Scotland as is made by paragraph 6.

Education: paragraph 8

Effect

649. This paragraph provides an exception from the prohibition on sex discrimination in

Part 3 in relation only to the establishment of a school. A local authority will not be prevented

from establishing single sex schools, but must provide similar numbers of places for boys and

girls.

Background

650. This provision is designed to replicate the effect of provisions in the Sex

Discrimination Act 1975.

E151


 


Schedule 3 — Services and public functions: exceptions
Part 2 — Education

 
 

Judicial functions

3     (1)  

Section 27 does not apply to—

(a)   

a judicial function;

(b)   

anything done on behalf of, or on the instructions of, a person

exercising a judicial function;

(c)   

a decision not to commence or continue criminal proceedings;

(d)   

anything done for the purpose of reaching, or in pursuance of, a

decision not to commence or continue criminal proceedings.

      (2)  

A reference in sub-paragraph (1) to a judicial function includes a reference

to a judicial function conferred on a person other than a court or tribunal.

Armed forces

4     (1)  

Section 27(6), so far as relating to relevant discrimination, does not apply to

anything done for the purpose of ensuring the combat effectiveness of the

armed forces.

      (2)  

“Relevant discrimination” is—

(a)   

age discrimination;

(b)   

disability discrimination;

(c)   

gender reassignment discrimination;

(d)   

sex discrimination.

Security services, etc.

5          

Section 27 does not apply to—

(a)   

the Security Service;

(b)   

the Secret Intelligence Service;

(c)   

the Government Communications Headquarters;

(d)   

a part of the armed forces which is, in accordance with a requirement

of the Secretary of State, assisting the Government Communications

Headquarters.

Part 2

Education

6          

In its application to a local authority in England and Wales, section 27, so far

as relating to age discrimination or religious or belief-related discrimination,

does not apply to—

(a)   

the exercise of the authority’s functions under section 14 of the

Education Act 1996 (provision of schools);

(b)   

the exercise of its function under section 13 of that Act in so far as it

relates to a function of its under section 14 of that Act.

7          

In its application to an education authority, section 27, so far as relating to

age discrimination or religious or belief-related discrimination, does not

apply to—

(a)   

the exercise of the authority’s functions under section 17 of the

Education (Scotland) Act 1980 (provision of schools);

151


 


Schedule 3 — Services and public functions: exceptions
Part 2 — Education

 
 

Education: paragraph 9

Effect

651. Paragraph 9 excepts from the prohibition on age discrimination in Part 3 (to the extent

that it is not excepted elsewhere), the exercise by any public authority of functions in a number

of areas that relate to schools.

Background

652. These exceptions ensure that policies and practices which relate to things which

schools are allowed to do under the Bill do not become unlawful when carried out by public

authorities.

Examples

• School admissions policies can continue to be based on the ages of prospective pupils.

• School transport can be provided for children of a particular age only.

Education: paragraph 10

Effect

653. Paragraph 10 provides an exception for local authorities, from the provisions requiring

reasonable adjustments in Part 3, in respect of their activities in relation to school education,

from the requirement to alter physical features of premises or provide auxiliary aids and

services when making reasonable adjustments for disabled people.

Background

654. These exceptions are designed to replicate the effect of provisions in the Disability

Discrimination Act 1995 and ensure that local authorities, when carrying out their education

functions, do not have to take account of altering physical features or providing auxiliary aids

and services since such things will fall within the requirements on them to produce

accessibility strategies as set out in Schedule 12. This mirrors the requirements placed on

schools themselves

655. Education: paragraph 11

656. Effect

655. Paragraph 11 provides an exception from the prohibition on religious or belief-related

discrimination in Part 3 (to the extent that it is not excepted elsewhere), in relation to the

exercise by any public authority of functions in a number of areas that relate to faith and non-

faith educational institutions. In relation to all schools those areas are the curriculum,

collective worship, school transport and the establishment, alteration and closure of schools;

and in relation to schools which have a religious ethos the exception also applies to admission

of pupils and the responsible body of such a school.

656. Background

656. This provision is designed to replicate the effect of provisions in Part 2 of the Equality

Act 2006. It ensures that policies and practices which relate to things which schools are

allowed to do under the Bill do not become unlawful when carried out by public authorities.

E152


 
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