|
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| |
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(8) | This paragraph applies to a person exercising a public function in relation to |
| |
the provision of a service as it applies to the person providing the service. |
| |
| |
25 (1) | A person does not contravene section 27, so far as relating to gender |
| |
reassignment discrimination, only because of anything done in relation to a |
| |
matter within sub-paragraph (2) if the conduct in question is a proportionate |
| |
means of achieving a legitimate aim. |
| |
| |
(a) | the provision of separate services for persons of each sex; |
| |
(b) | the provision of separate services differently for persons of each sex; |
| |
(c) | the provision of a service only to persons of one sex. |
| |
Services relating to religion |
| |
26 (1) | A minister does not contravene section 27, so far as relating to sex |
| |
discrimination, by providing a service only to persons of one sex or separate |
| |
services for persons of each sex, if— |
| |
(a) | the service is provided for the purposes of an organised religion, |
| |
(b) | it is provided at a place which is (permanently or for the time being) |
| |
occupied or used for those purposes, and |
| |
(c) | the limited provision of the service is necessary in order to comply |
| |
with the doctrines of the religion or is for the purpose of avoiding |
| |
conflict with the strongly held religious convictions of a significant |
| |
number of the religion’s followers. |
| |
(2) | The reference to a minister is a reference to a minister of religion, or other |
| |
| |
(a) | performs functions in connection with the religion, and |
| |
(b) | holds an office or appointment in, or is accredited, approved or |
| |
recognised for purposes of, a relevant organisation in relation to the |
| |
| |
(3) | An organisation is a relevant organisation in relation to a religion if its |
| |
| |
(a) | to practise the religion, |
| |
(b) | to advance the religion, |
| |
(c) | to teach the practice or principles of the religion, |
| |
(d) | to enable persons of the religion to receive benefits, or to engage in |
| |
activities, within the framework of that religion, or |
| |
(e) | to foster or maintain good relations between persons of different |
| |
| |
(4) | But an organisation is not a relevant organisation in relation to a religion if |
| |
its sole or main purpose is commercial. |
| |
Services generally provided only for persons who share a protected characteristic |
| |
27 | If a service is generally provided only for persons who share a protected |
| |
characteristic, a person (A) who normally provides the service for persons |
| |
who share that characteristic does not contravene section 27(1) or (2)— |
| |
| |
|
| |
| |
| |
made a balance between the rights of the transsexual user and those of other users, |
| |
taking account of all the circumstances, including the wishes of the transsexual user, |
| |
the likely impact on other users and the availability of other facilities. |
| |
Services relating to religion: paragraph 26 |
| |
| |
695. Paragraph 26 contains an exception to the general prohibition of sex discrimination to |
| |
allow ministers of religion to provide separate and single-sex services. |
| |
696. The minister can provide such services so long as this is done for religious purposes, |
| |
at a place occupied or used for those purposes and it is either necessary either to comply with |
| |
the tenets of the religion or for the purpose of avoiding conflict with the strongly held religious |
| |
views of a significant number of the religion’s followers. This does not apply to acts of |
| |
worship (which are not themselves “services” within the meaning of the Bill so no exception is |
| |
required) but to ancillary issues such as separate seating of men and women. |
| |
| |
697. This paragraph replaces a similar provision in the Sex Discrimination Act 1975. The |
| |
requirement regarding avoiding conflict with the religion’s followers has been altered in order |
| |
to give consistency within the Bill and some explanatory provisions have been added for the |
| |
| |
| |
• A synagogue has separate seating for men and women at a reception following a |
| |
| |
Services generally provided only for persons who share a protected characteristic: paragraph |
| |
| |
| |
698. Paragraph 27 provides that a service provider does not breach the requirement in |
| |
clause 27 not to discriminate in the provision of a service if he or she supplies the service in |
| |
such a way that it is commonly only used by people with a particular protected characteristic |
| |
(for example, women or people of Afro-Caribbean descent) and he or she continues to provide |
| |
that service in that way. If it is impracticable to provide the service to someone who does not |
| |
share that particular characteristic, a service provider can refuse to provide the service to that |
| |
| |
| |
699. This is designed to replicate the effect of provisions currently contained in the Sex |
| |
Discrimination Act 1975 and the Equality Act 2006, and extends the clarification they provide |
| |
across all other protected characteristics for the first time. |
| |
| |
• A hairdresser who provides Afro-Caribbean hairdressing services would not be |
| |
required to provide European hair dressing services as well. However, if a white |
| |
English person wanted his hair braided and there was no technical difficulty to prevent |
| |
that, it would be unlawful for the hairdresser to refuse to provide her services to him. |
| |
| |
|
| |
| |
| |
(a) | by insisting on providing the service in the way A normally provides |
| |
| |
(b) | if A reasonably thinks it is impracticable to provide the service to |
| |
persons who do not share that characteristic, by refusing to provide |
| |
| |
| |
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Application to disability |
| |
28 | This Part of this Schedule applies in relation to disability discrimination. |
| |
| |
29 (1) | Section 27 does not apply to— |
| |
(a) | transporting people by air; |
| |
(b) | a service provided on a vehicle for transporting people by air. |
| |
(2) | Section 27 does not apply to anything governed by Regulation (EC) No |
| |
1107/2006 of the European Parliament and of the Council of 5 July 2006 |
| |
concerning the rights of disabled persons and persons with reduced |
| |
mobility when travelling by air. |
| |
| |
30 (1) | Section 27 does not apply to transporting people by land, unless the vehicle |
| |
| |
(a) | a hire-vehicle designed and constructed for the carriage of |
| |
passengers and comprising no more than 8 seats in addition to the |
| |
| |
(b) | a hire-vehicle designed and constructed for the carriage of |
| |
passengers, comprising more than 8 seats in addition to the driver’s |
| |
seat and having a maximum mass not exceeding 5 tonnes, |
| |
(c) | a hire-vehicle designed and constructed for the carriage of goods and |
| |
having a maximum mass not exceeding 3.5 tonnes, |
| |
(d) | a vehicle licensed under section 48 of the Local Government |
| |
(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire |
| |
Vehicles (London) Act 1998 (or under a provision of a local Act |
| |
corresponding to either of those provisions), |
| |
(e) | a private hire car (within the meaning of section 23 of the Civic |
| |
Government (Scotland) Act 1982), |
| |
(f) | a public service vehicle (within the meaning given by section 1 of the |
| |
Public Passenger Vehicles Act 1981), |
| |
(g) | a vehicle built or adapted to carry passengers on a railway or |
| |
tramway (within the meaning, in each case, of the Transport and |
| |
| |
| |
(i) | a vehicle deployed to transport the driver and passengers of a |
| |
vehicle that has broken down or is involved in an accident, or |
| |
(j) | a vehicle deployed on a system using a mode of guided transport |
| |
(within the meaning of the Transport and Works Act 1992). |
| |
| |
|
| |
| |
| |
• A butcher who sells halal meat is not required also to sell non-halal meat or kosher |
| |
meat. However, if a non-Muslim customer wanted to purchase the meat that was on |
| |
offer, he could not refuse to sell it to her. |
| |
| |
Application to disability: paragraph 28 |
| |
| |
700. Paragraph 28 applies the exceptions listed in paragraphs 29 and 30 in relation to |
| |
disability, thereby stipulating the extent to which providers of transport services are bound by |
| |
the disability provisions of the Bill. |
| |
| |
701. These provisions replicate the effect of existing provisions in the Disability |
| |
| |
Transport by air: paragraph 29 |
| |
| |
702. Paragraph 29(1) provides an exception to the prohibition against discrimination, so far |
| |
as it relates to disability, in respect of the provision of services in connection with air transport. |
| |
Clause 28 provides for a power to make regulations in relation to transport by water. |
| |
703. Paragraph 29(2) ensures that there is no duplication where there would otherwise be |
| |
an overlap between the disability provisions of the Bill and Regulation (EC) No1107/2006 of |
| |
the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled |
| |
persons and persons with reduced mobility when travelling by air (“EC Regulation 1107/ |
| |
| |
| |
704. These provisions replicate the effect of existing provisions in the Disability |
| |
| |
| |
• An airline is required to make reasonable adjustments to its booking services to ensure |
| |
that they are accessible to disabled people. It is not required to make adjustments to the |
| |
cabin environment inside an aircraft. |
| |
• An airport owner charges a disabled person for wheelchair assistance to board an |
| |
aircraft. This would be a breach of EC Regulation 1107/2006, so clause 27 of the Bill |
| |
would not apply. However, if the same airport owner fails to make adjustments to |
| |
allow disabled people to access car parks at the airport, this would fall within scope of |
| |
| |
| |
|
| |
| |
| |
(2) | Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it |
| |
applies for the purposes of paragraph 3 of that Schedule. |
| |
| |
| |
| |
31 (1) | A Minister of the Crown may by order amend this Schedule— |
| |
(a) | so as to add, vary or omit an exception to section 27, so far as relating |
| |
to disability, religion or belief or sexual orientation; |
| |
(b) | so as to add, vary or omit an exception to section 27(6), so far as |
| |
relating to gender reassignment, pregnancy and maternity, race or |
| |
| |
(2) | For the purposes of an order under sub-paragraph (1)(a), so far as relating to |
| |
disability, which makes provision in relation to transport by air, it does not |
| |
matter whether the transport is within or outside the United Kingdom. |
| |
(3) | An order must not be made unless the Minister has consulted the |
| |
| |
(4) | Nothing in this paragraph affects the application of any other provision of |
| |
this Act to conduct outside England and Wales or Scotland. |
| |
| |
|
| |
| |
| |
Transport by land: paragraph 30 |
| |
| |
706. Paragraph 30 provides an exception from clause 27 for all services of transporting |
| |
people by land, except those listed. The definitions of the vehicles listed are contained in |
| |
Paragraph 4 of Schedule 2. |
| |
| |
707. This paragraph replicates the effect of existing provisions in the Disability |
| |
| |
| |
• A train operating company is required to provide a reasonable alternative when a |
| |
disabled person is unable to access the buffet car by reason of their disability. |
| |
| |
Power to amend: paragraph 31 |
| |
| |
708. Paragraph 31 contains a power for a Minister of the Crown to vary, remove or add to |
| |
the exceptions in this Schedule relating to public functions in respect of disability, gender |
| |
reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It |
| |
allows a Minister of the Crown also to add, vary or remove the exceptions that relate to the |
| |
provision of services but only in relation to disability, religion or belief and sexual orientation. |
| |
709. In relation to transport by air, a Minister of the Crown can also vary, remove or add |
| |
exceptions in relation to the provision of services and the exercise of public functions for |
| |
disability only. For these purposes, it does not matter where the transport in fact takes place. |
| |
710. The Minister must consult with the Equality and Human Rights Commission before |
| |
exercising the power under this paragraph. |
| |
| |
711. This reflects the substance of powers contained in current legislation. |
| |
Schedule 4: Premises: reasonable adjustments |
| |
| |
712. This Schedule explains how the duty to make reasonable adjustments in clause 19 |
| |
applies to a controller of “let” premises or of premises “to let” and to the commonhold |
| |
association where a disabled tenant (or prospective tenant) or unitholder in commonhold land |
| |
or the disabled person legally occupying the property is placed at a substantial disadvantage, |
| |
so that the disabled person can enjoy the premises or make use of them. It stipulates that the |
| |
duty does not require the removal or alteration of a physical feature, and makes clear what are |
| |
not “physical features” for these purposes. The duty only applies if a request for an adjustment |
| |
is made by or on behalf of a disabled person. |
| |
| |
