Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 1 — Socio-economic inequalities
1

A
Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
To
Make provision to require Ministers of the Crown and others when making
strategic decisions about the exercise of their functions to have regard to the
desirability of reducing socio-economic inequalities; to reform and harmonise
equality law and restate the greater part of the enactments relating to
discrimination and harassment related to certain personal characteristics; to
enable certain employers to be required to publish information about the
differences in pay between male and female employees; to prohibit
victimisation in certain circumstances; to require the exercise of certain
functions to be with regard to the need to eliminate discrimination and other
prohibited conduct; to enable duties to be imposed in relation to the exercise
of public procurement functions; to increase equality of opportunity; and for
connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Socio-economic inequalities
1
Public sector duty regarding socio-economic inequalities
(1)
An authority to which this section applies must, when making decisions of a
strategic nature about how to exercise its functions, have due regard to the
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desirability of exercising them in a way that is designed to reduce the
inequalities of outcome which result from socio-economic disadvantage.
(2)
In deciding how to fulfil a duty to which it is subject under subsection (1), an
authority must take into account any guidance issued by a Minister of the
Crown.
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Bill 131
54/4

Equality Bill
Part 1 — Socio-economic inequalities
2

(3)
The authorities to which this section applies are—
(a)
a Minister of the Crown;
(b)
a government department other than the Security Service, the Secret
Intelligence Service or the Government Communications Head-
quarters;
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(c)
a county council or district council in England;
(d)
the Greater London Authority;
(e)
a London borough council;
(f)
the Common Council of the City of London in its capacity as a local
authority;
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(g)
the Council of the Isles of Scilly;
(h)
a Strategic Health Authority established under section 13 of the
National Health Service Act 2006, or continued in existence by virtue of
that section;
(i)
a Primary Care Trust established under section 18 of that Act, or
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continued in existence by virtue of that section;
(j)
a regional development agency established by the Regional
Development Agencies Act 1998;
(k)
a police authority established for an area in England.
(4)
This section also applies to an authority that—
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(a)
is a partner authority in relation to a responsible local authority, and
(b)
does not fall within subsection (3),

but only in relation to its participation in the preparation or modification of a
sustainable community strategy.
(5)
In subsection (4)—
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“partner authority” has the meaning given by section 104 of the Local
Government and Public Involvement in Health Act 2007;
“responsible local authority” has the meaning given by section 103 of that
Act;
“sustainable community strategy” means a strategy prepared under
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section 4 of the Local Government Act 2000.
(6)
The reference to functions in subsection (1) does not include any functions
that—
(a)
are exercisable in or as regards Scotland, and
(b)
do not relate to reserved matters (within the meaning of the Scotland
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Act 1998).
(7)
The reference to inequalities in subsection (1) does not include any inequalities
experienced by a person as a result of being a person subject to immigration
control within the meaning given by section 115(9) of the Immigration and
Asylum Act 1999.
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2
Power to amend section 1
(1)
A Minister of the Crown may by regulations amend section 1—
(a)
to add a public authority to the authorities that are subject to the duty
under subsection (1) of that section;
(b)
to remove an authority from those that are subject to the duty;
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(c)
to make the duty apply, in the case of a particular authority, only in
relation to certain functions that it has;

Equality Bill
Part 1 — Socio-economic inequalities
3

(d)
in the case of an authority to which the application of the duty is
already restricted to certain functions, to remove or alter the restriction.
(2)
In subsection (1) “public authority” means an authority that has functions of a
public nature.
(3)
Provision made under subsection (1) may not impose a duty on an authority in
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relation to any devolved Scottish functions or devolved Welsh functions.
(4)
The Welsh Ministers may by regulations amend section 1—
(a)
to add a relevant Welsh authority to the authorities that are subject to
the duty under subsection (1) of that section;
(b)
to remove a relevant Welsh authority from those that are subject to the
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duty;
(c)
to make the duty apply, in the case of a particular relevant Welsh
authority, only in relation to certain functions that it has;
(d)
in the case of a relevant Welsh authority to which the application of the
duty is already restricted to certain functions, to remove or alter the
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restriction.
(5)
In subsection (4) “relevant Welsh authority” means an authority whose
functions—
(a)
are exercisable only in or as regards Wales,
(b)
are wholly or mainly devolved Welsh functions, and
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(c)
correspond or are similar to those of an authority for the time being
specified in subsection (3) of section 1 or referred to in subsection (4) of
that section.
(6)
The Welsh Ministers may not make regulations under subsection (4) without
the consent of a Minister of the Crown.
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(7)
Regulations under this section may make any amendments of section 1 that
appear to the Minister or Ministers to be necessary or expedient in consequence
of provision made under subsection (1) or (as the case may be) subsection (4).
(8)
For the purposes of this section—
(a)
a function is a devolved Scottish function if it is exercisable in or as
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regards Scotland and it does not relate to reserved matters (within the
meaning of the Scotland Act 1998);
(b)
a function is a devolved Welsh function if it relates to a matter in respect
of which functions are exercisable by the Welsh Ministers, the First
Minister for Wales or the Counsel General to the Welsh Assembly
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Government, or to a matter within the legislative competence of the
National Assembly for Wales.
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Enforcement
A failure in respect of a performance of a duty under section 1 does not confer
a cause of action at private law.
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Equality Bill
Part 2 — Equality: key concepts
Chapter 1 — Protected characteristics
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Part 2
Equality: key concepts
Chapter 1
Protected characteristics
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The protected characteristics
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The following characteristics are protected characteristics—
age;
disability;
gender reassignment;
marriage and civil partnership;
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pregnancy and maternity;
race;
religion or belief;
sex;
sexual orientation.
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Age
(1)
In relation to the protected characteristic of age—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a person of a particular age group;
(b)
a reference to persons who share a protected characteristic is a reference
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to persons of the same age group.
(2)
A reference to an age group is a reference to a group of persons defined by
reference to age, whether by reference to a particular age or to a range of ages.
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Disability
(1)
A person (P) has a disability if—
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(a)
P has a physical or mental impairment, and
(b)
the impairment has a substantial and long-term adverse effect on P’s
ability to carry out normal day-to-day activities.
(2)
A reference to a disabled person is a reference to a person who has a disability.
(3)
In relation to the protected characteristic of disability—
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(a)
a reference to a person who has a protected characteristic is a reference
to a person who has a particular disability;
(b)
a reference to persons who share a protected characteristic is a reference
to persons who have the same disability.
(4)
This Act (except Part 12 and section 185) applies in relation to a person who has
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had a disability as it applies in relation to a person who has the disability;
accordingly, except in that Part and that section—
(a)
a reference (however expressed) to a person who has a disability
includes a reference to a person who has had the disability;

Equality Bill
Part 2 — Equality: key concepts
Chapter 1 — Protected characteristics
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(b)
a reference (however expressed) to a person who does not have a
disability includes a reference to a person who has not had the
disability.
(5)
A Minister of the Crown may issue guidance about matters to be taken into
account in deciding any question for the purposes of subsection (1).
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(6)
Schedule 1 (disability: supplementary provision) has effect.
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Gender reassignment
(1)
A person has the protected characteristic of gender reassignment if the person
is proposing to undergo, is undergoing or has undergone a process (or part of
a process) for the purpose of reassigning the person’s sex by changing
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physiological or other attributes of sex.
(2)
A reference to a transsexual person is a reference to a person who has the
protected characteristic of gender reassignment.
(3)
In relation to the protected characteristic of gender reassignment—
(a)
a reference to a person who has a particular protected characteristic is
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a reference to a transsexual person;
(b)
a reference to persons who share a protected characteristic is a reference
to transsexual persons.
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Marriage and civil partnership
(1)
A person has the protected characteristic of marriage and civil partnership if
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the person is married or a civil partner.
(2)
In relation to the protected characteristic of marriage and civil partnership—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a person who is married or is a civil partner;
(b)
a reference to persons who share a protected characteristic is a reference
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to persons who are married or are civil partners.
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Race
(1)
Race includes—
(a)
colour;
(b)
nationality;
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(c)
ethnic or national origin.
(2)
In relation to the protected characteristic of race—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a person of a particular racial group;
(b)
a reference to persons who share a protected characteristic is a reference
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to persons of the same racial group.
(3)
A racial group is a group of persons defined by reference to race; and a
reference to a person’s racial group is a reference to a racial group into which
the person falls.
(4)
The fact that a racial group comprises two or more distinct racial groups does
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not prevent it from constituting a particular racial group.