|
| |
| |
| |
(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. |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
|
| |
| |
| |
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 |
| |
| |
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 |
| |
| |
• preparing, making, approving or considering primary legislation or particular forms of |
| |
secondary legislation, including legislation of the Scottish Parliament and the National |
| |
| |
• exercising judicial functions or deciding not to commence or continue criminal |
| |
| |
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. |
| |
| |
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 |
| |
| |
| |
• 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 |
| |
| |
• 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 |
| |
| |
| |
|
| |
| |
| |
| |
| |
Services and public functions: exceptions |
| |
| |
| |
| |
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. |
| |
| |
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 |
| |
| |
(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. |
| |
| |
|
| |
| |
| |
| |
| |
| |
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. |
| |
| |
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 |
| |
| |
| |
• 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. |
| |
| |
| |
648. Paragraph 7 makes similar provision for Scotland as is made by paragraph 6. |
| |
| |
| |
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 |
| |
| |
| |
650. This provision is designed to replicate the effect of provisions in the Sex |
| |
| |
| |
|
| |
| |
| |
| |
3 (1) | Section 27 does not apply to— |
| |
| |
(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. |
| |
| |
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 |
| |
| |
(2) | “Relevant discrimination” is— |
| |
| |
(b) | disability discrimination; |
| |
(c) | gender reassignment discrimination; |
| |
| |
| |
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 |
| |
| |
| |
| |
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, |
| |
| |
(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 |
| |
| |
(a) | the exercise of the authority’s functions under section 17 of the |
| |
Education (Scotland) Act 1980 (provision of schools); |
| |
| |
|
| |
| |
| |
| |
| |
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. |
| |
| |
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 |
| |
| |
| |
• 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. |
| |
| |
| |
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. |
| |
| |
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 |
| |
| |
655. Education: paragraph 11 |
| |
| |
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. 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. |
| |
| |
|
