Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 14 — General exceptions
117

(b)
the Scottish Charity Regulator.
(6)
“Supported employment” means facilities provided, or in respect of which
payments are made, under section 15 of the Disabled Persons (Employment)
Act 1944 (c. 10).
190
Sport
5
(1)
A person does not contravene this Act, so far as relating to sex, only by doing
anything in relation to the participation of another as a competitor in a gender-
affected activity.
(2)
A person does not contravene section 28, 32, 33 or 34, so far as relating to
gender reassignment, only by doing anything in relation to the participation of
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a transsexual person as a competitor in a gender-affected activity if it is
necessary to do so to secure in relation to the activity—
(a)
fair competition, or
(b)
the safety of competitors.
(3)
A gender-affected activity is a sport, game or other activity of a competitive
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nature in circumstances in which the physical strength, stamina or physique of
average persons of one sex would put them at a disadvantage compared to
average persons of the other sex as competitors in events involving the activity.
(4)
In considering whether a sport, game or other activity is gender-affected in
relation to children, it is appropriate to take account of the age and stage of
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development of children who are likely to be competitors.
(5)
A person who does anything to which subsection (6) applies does not
contravene this Act only because of the nationality or place of birth of another
or because of the length of time the other has been resident in a particular area
or place.
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(6)
This subsection applies to—
(a)
selecting one or more persons to represent a country, place or area or a
related association, in a sport or game or other activity of a competitive
nature;
(b)
doing anything in pursuance of the rules of a competition so far as
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relating to eligibility to compete in a sport or game or other such
activity.
191
General
Schedule 23 (general exceptions) has effect.
192
Age
35
(1)
A Minister of the Crown may by order amend this Act to provide that any of
the following does not contravene this Act so far as relating to age—
(a)
specified conduct;
(b)
anything done for a specified purpose;
(c)
anything done in pursuance of arrangements of a specified description.
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(2)
Specified conduct is conduct—
(a)
of a specified description,

Equality Bill
Part 15 — General and miscellaneous
118

(b)
carried out in specified circumstances, or
(c)
by or in relation to a person of a specified description.
(3)
This section is not affected by any provision of this Act which makes special
provision in relation to age.
(4)
The references to this Act in subsection (1) do not include references to—
5
(a)
Part 5 (work);
(b)
Chapter 2 of Part 6 (further and higher education).
Part 15
General and miscellaneous
Community obligations
10
193
Harmonisation
(1)
This section applies if—
(a)
there is a Community obligation of the United Kingdom which a
Minister of the Crown thinks relates to the subject matter of the
Equality Acts,
15
(b)
the obligation is to be implemented by the exercise of the power under
section 2(2) of the European Communities Act 1972 (the implementing
power), and
(c)
the Minister thinks that it is appropriate to make harmonising
provision in the Equality Acts.
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(2)
The Minister may by order make the harmonising provision.
(3)
Before making the order, the Minister must consult persons and organisations
the Minister thinks are likely to be affected by the harmonising provision.
(4)
The consultation must be in such form or manner as the Minister thinks
appropriate.
25
(5)
Unless the Minister thinks that the making of the order is a matter of urgency,
the Minister must not make the order before the end of the period of 12 weeks
after the consultation starts.
(6)
The Equality Acts are the Equality Act 2006 and this Act.
(7)
Harmonising provision is provision made in relation to relevant subject matter
30
of the Equality Acts—
(a)
which corresponds to the implementing provision, or
(b)
which the Minister thinks is necessary or expedient in consequence of
or related to provision made in pursuance of paragraph (a) or the
implementing provision.
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(8)
The implementing provision is provision made or to be made in exercise of the
implementing power in relation to so much of the subject matter of the
Equality Acts as implements a Community obligation.
(9)
Relevant subject matter of the Equality Acts is so much of the subject matter of
those Acts as does not implement a Community obligation.
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(10)
A harmonising provision may amend a provision of the Equality Acts.

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Part 15 — General and miscellaneous
119

(11)
The reference to this Act does not include a reference to this section or Schedule
24 or to a provision specified in that Schedule.
(12)
A Minister of the Crown must report to Parliament on the exercise of the power
under subsection (2)—
(a)
at the end of the period of 5 years starting on the day this section comes
5
into force;
(b)
at the end of each succeeding period of 5 years.
Application
194
Crown application
(1)
The following provisions of this Act bind the Crown—
10
(a)
Part 1 (public sector duty regarding socio-economic inequalities);
(b)
Part 3 (services and public functions), so far as relating to the exercise
of public functions;
(c)
Chapter 1 of Part 11 (public sector equality duty).
(2)
Part 5 (work) binds the Crown as provided for by that Part.
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(3)
The remainder of this Act applies to Crown acts as it applies to acts done by a
private person.
(4)
For the purposes of subsection (3), an act is a Crown act if (and only if) it is
done—
(a)
by or on behalf of a member of the executive;
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(b)
by a statutory body acting on behalf of the Crown;
(c)
by or on behalf of the holder of a statutory office acting on behalf of the
Crown.
(5)
A statutory body or office is a body or office established by an enactment.
(6)
The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to
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proceedings against the Crown under this Act as they apply to proceedings in
England and Wales which, as a result of section 23 of that Act, are treated for
the purposes of Part 2 of that Act as civil proceedings by or against the Crown.
(7)
The provisions of Part 5 of that Act apply to proceedings against the Crown
under this Act as they apply to proceedings in Scotland which, as a result of
30
that Part, are treated as civil proceedings by or against the Crown.
(8)
But the proviso to section 44 of that Act (removal of proceedings from the
sheriff to the Court of Session) does not apply to proceedings under this Act.
195
Information society services
Schedule 25 (information society services) has effect.
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Subordinate legislation
196
Exercise of power
(1)
A power to make an order or regulations under this Act is exercisable by a
Minister of the Crown, unless expressly provided to the contrary.

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Part 15 — General and miscellaneous
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(2)
Orders, regulations or rules under this Act must be made by statutory
instrument.
(3)
Subsection (2) does not apply to—
(a)
a transitional exemption order under Part 1 of Schedule 11,
(b)
a transitional exemption order under Part 1 of Schedule 12, or
5
(c)
an order under paragraph 1(3) of Schedule 14 that does not modify an
enactment.
(4)
Orders or regulations under this Act—
(a)
may make different provision for different purposes;
(b)
may include consequential, incidental, supplementary, transitional,
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transitory or saving provision.
(5)
Nothing in section 158(4), 169(4) or 177(3) affects the generality of the power
under subsection (4)(a).
(6)
The power under subsection (4)(b), in its application to section 149, 150(2),
151(5), 192 or 205 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3)
15
of Schedule 14, includes power to amend an enactment (including, in the case
of section 192, this Act).
197
Ministers of the Crown
(1)
This section applies where the power to make an order or regulations under
this Act is exercisable by a Minister of the Crown.
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(2)
A statutory instrument containing (whether alone or with other provision) an
order or regulations that amend this Act or another Act of Parliament, or an Act
of the Scottish Parliament or an Act or Measure of the National Assembly for
Wales, is subject to the affirmative procedure.
(3)
But a statutory instrument is not subject to the affirmative procedure by virtue
25
of subsection (2) merely because it contains—
(a)
an order under section 2 (socio-economic inequalities);
(b)
an order under section 57 (local authority functions);
(c)
an order under section 147 (power to specify public authorities for the
purposes of the public sector equality duty);
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(d)
an order under paragraph 1(3) of Schedule 14 that modifies an
enactment (educational charities and endowments).
(4)
A statutory instrument containing (whether alone or with other provision) an
order or regulations mentioned in subsection (5) is subject to the affirmative
procedure.
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(5)
The orders and regulations referred to in subsection (4) are—
(a)
an order under section 14(8) (combined discrimination: circumstances
where proceedings may not be brought);
(b)
regulations under section 29 (services: ships and hovercraft);
(c)
regulations under section 75 (gender pay gap information);
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(d)
regulations under section 78 (work: ships and hovercraft);
(e)
an order under section 102 (election candidates: expiry of provision);
(f)
regulations under section 149 or 150(2) (public sector equality duty);
(g)
regulations under section 179(4) (rail vehicle accessibility: procedure
for exemption orders);
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Part 15 — General and miscellaneous
121

(h)
an order under section 193 (Community obligations: harmonisation);
(i)
regulations under paragraph 9(3) of Schedule 20 (rail vehicle
accessibility: determination of turnover for purposes of penalties).
(6)
A statutory instrument other than one mentioned in subsection (2) or (4) is
subject to the negative procedure.
5
(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 178(1) (rail vehicle accessibility: exemptions);
(b)
an order under section 205 (commencement) that does not amend an
Act of Parliament, an Act of the Scottish Parliament or an Act or
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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 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
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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
of either House of Parliament as a hybrid instrument, it is to proceed in that
House as if it were not a hybrid instrument.
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198
The Welsh Ministers
(1)
This section applies where the power to make an order or regulations under
this Act is exercisable by the Welsh Ministers.
(2)
A statutory instrument containing (whether alone or with other provision)
regulations mentioned in subsection (3) is subject to the affirmative procedure.
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(3)
The regulations referred to in subsection (2) are—
(a)
regulations under section 149 or 150(2) (public sector equality duty:
powers to impose specific duties);
(b)
regulations under section 151(5) that amend an Act of Parliament or an
Act or Measure of the National Assembly for Wales (public sector
30
equality duty: power to modify or remove specific duties).
(4)
A statutory instrument other than one mentioned in subsection (2) is subject to
the negative procedure.
(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
35
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.
199
The Scottish Ministers
(1)
This section applies where the power to make an order, regulations or rules
40
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.

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Part 15 — General and miscellaneous
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(3)
The regulations referred to in subsection (2) are—
(a)
regulations under section 149 or 150(2) (public sector equality duty:
powers to impose specific duties);
(b)
regulations under section 151(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
the negative procedure.
(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.
Amendments, etc.
200
Amendments, repeals and revocations
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(1)
Schedule 26 (amendments) has effect.
(2)
Schedule 27 (repeals and revocations) has effect.
Interpretation
201
General interpretation
(1)
In this Act—
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“armed forces” means any of the naval, military or air forces of the Crown;
“the Commission” means the Commission for Equality and Human
Rights;
“detriment” does not include conduct which amounts to harassment;
“the Education Acts” has the meaning given in section 578 of the
25
Education Act 1996;
“employment” and related expressions are (subject to subsection (10)) to
be read with section 80;
“enactment” means an enactment contained in—
(a)
an Act of Parliament,
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(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;
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“man” means a male of any age;
“maternity equality clause” has the meaning given in section 70;
“maternity equality rule” has the meaning given in section 72;
“non-discrimination rule” has the meaning given in section 58;
“occupational pension scheme” has the meaning given in section 1 of the
40
Pension Schemes Act 1993;
“parent” has the same meaning as in—

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(a)
the Education Act 1996 (in relation to England and Wales);
(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 63;
5
“sex equality rule” has the meaning given in section 64;
“subordinate legislation” means—
(a)
subordinate legislation within the meaning of the Interpretation
Act 1978 (c. 30), or
(b)
an instrument made under an Act of the Scottish Parliament or
10
an Act or Measure of the National Assembly for Wales;
“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
15
express provision to the contrary) a reference to—
(a)
deliberate omission to do a thing;
(b)
refusal to do it;
(c)
failure to do it.
(4)
A reference (however expressed) to providing or affording access to a benefit,
20
facility or service includes a reference to facilitating access to the benefit,
facility or service.
(5)
A reference to occupation, in relation to premises, is a reference to lawful
occupation.
(6)
The following are members of the executive—
25
(a)
a Minister of the Crown;
(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.
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(7)
A reference to a breach of an equality clause or rule is a reference to a breach of
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
contrary.
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(9)
“Member”, in relation to an occupational pension scheme, means an active
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”, “deferred member”, “pension credit member”, “pensionable
service”, “pensioner member” and “trustees or managers” each have, in
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relation to an occupational pension scheme, the meaning given by section 124
of the Pensions Act 1995.
(11)
A reference to the accrual of rights under an occupational pension scheme is to
be construed in accordance with that section.