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Equality Bill


Equality Bill
Schedule 2 — Services and public functions: reasonable adjustments

131

 

      (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

5

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

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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,

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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

20

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

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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

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(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

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(b)   

a vehicle drawn by one or more persons or animals.

 
 

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

132

 

Schedule 3

Section 30

 

Services and public functions: exceptions

Part 1

Constitutional matters

Parliament

5

1     (1)  

Section 28 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

10

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

Committee of either House.

Legislation

2     (1)  

Section 28 does not apply to preparing, making or considering—

(a)   

an Act of Parliament;

15

(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.

20

      (2)  

Section 28 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 28 does not apply to preparing, making, confirming, approving or

considering an instrument which is made under an enactment by—

25

(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 28 does not apply to preparing, making, confirming, approving or

30

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 28 does not apply to anything done in connection with the

preparation, making, consideration, approval or confirmation of an

35

instrument made—

(a)   

by Her Majesty in Council;

(b)   

by the Privy Council.

      (6)  

Section 28 does not apply to anything done in connection with the

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

40

 
 

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

133

 

Judicial functions

3     (1)  

Section 28 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;

5

(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.

10

Armed forces

4     (1)  

Section 28(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—

15

(a)   

age discrimination;

(b)   

disability discrimination;

(c)   

gender reassignment discrimination;

(d)   

sex discrimination.

Security services, etc.

20

5          

Section 28 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

25

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 28, so far

30

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 (c. 56) (provision of schools);

(b)   

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

35

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

7          

In its application to an education authority, section 28, 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

40

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

 
 

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

134

 

(b)   

the exercise of its functions under section 1 of that Act, section 2 of

the Standards in Scotland’s Schools etc. Act 2000 (asp 6) or section 4

or 5 of the Education (Additional Support for Learning) (Scotland)

Act 2004 (asp 4) (general responsibility for education) in so far as it

relates to a matter specified in paragraph (a);

5

(c)   

the exercise of its functions under subsection (1) of section 50 of the

Education (Scotland) Act 1980 (education of pupils in exceptional

circumstances) in so far as it consists of making arrangements of the

description referred to in subsection (2) of that section.

8     (1)  

In its application to a local authority in England and Wales or an education

10

authority, section 28, so far as relating to sex discrimination, does not apply

to the exercise of the authority’s functions in relation to the establishment of

a school.

      (2)  

But nothing in sub-paragraph (1) is to be taken as disapplying section 28 in

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

15

Education Act 1996 or section 17 of the Education (Scotland) Act 1982.

9          

Section 28, so far as relating to age discrimination, does not apply in relation

to anything done in connection with—

(a)   

the curriculum of a school,

(b)   

admission to a school,

20

(c)   

transport to or from a school, or

(d)   

the establishment, alteration or closure of schools.

10    (1)  

Section 28, so far as relating to disability discrimination, does not require a

local authority in England or Wales exercising functions under the

Education Acts or an education authority exercising relevant functions—

25

(a)   

to remove or alter a physical feature;

(b)   

to provide auxiliary aids or services.

      (2)  

Relevant functions are functions under—

(a)   

the Education (Scotland) Act 1980;

(b)   

the Education (Scotland) Act 1996;

30

(c)   

the Standards in Scotland’s Schools etc. Act 2000;

(d)   

the Education (Additional Support for Learning) (Scotland) Act

2004.

11         

Section 28, so far as relating to religious or belief-related discrimination,

does not apply in relation to anything done in connection with—

35

(a)   

the curriculum of a school;

(b)   

admission to a school which has a religious ethos;

(c)   

acts of worship or other religious observance organised by or on

behalf of a school (whether or not forming part of the curriculum);

(d)   

the responsible body of a school which has a religious ethos;

40

(e)   

transport to or from a school;

(f)   

the establishment, alteration or closure of schools.

12         

This Part of this Schedule is to be construed in accordance with Chapter 1 of

Part 6.

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 3 — Health and care

135

 

Part 3

Health and care

Blood services

13    (1)  

A person operating a blood service does not contravene section 28 only by

refusing to accept a donation of an individual’s blood if—

5

(a)   

the refusal is because of an assessment of the risk to the public, or to

the individual, based on clinical, epidemiological or other data

obtained from a source on which it is reasonable to rely, and

(b)   

the refusal is reasonable.

      (2)  

A blood service is a service for the collection and distribution of human

10

blood for the purposes of medical services.

      (3)  

“Blood” includes blood components.

Health and safety

14    (1)  

A service-provider (A) who refuses to provide the service to a pregnant

woman does not discriminate against her in contravention of section 28

15

because she is pregnant if—

(a)   

A reasonably believes that providing her with the service would,

because she is pregnant, create a risk to her health or safety,

(b)   

A refuses to provide the service to persons with other physical

conditions, and

20

(c)   

the reason for that refusal is that A reasonably believes that

providing the service to such persons would create a risk to their

health or safety.

      (2)  

A service-provider (A) who provides, or offers to provide, the service to a

pregnant woman on conditions does not discriminate against her in

25

contravention of section 28 because she is pregnant if—

(a)   

the conditions are intended to remove or reduce a risk to her health

or safety,

(b)   

A reasonably believes that the provision of the service without the

conditions would create a risk to her health or safety,

30

(c)   

A imposes conditions on the provision of the service to persons with

other physical conditions, and

(d)   

the reason for the imposition of those conditions is that A reasonably

believes that the provision of the service to such persons without

those conditions would create a risk to their health or safety.

35

Care within the family

15         

A person (A) does not contravene section 28 only by participating in

arrangements under which (whether or not for reward) A takes into A’s

home, and treats as members of A’s family, persons requiring particular care

and attention.

40

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 4 — Immigration

136

 

Part 4

Immigration

Disability

16    (1)  

This paragraph applies in relation to disability discrimination.

      (2)  

Section 28 does not apply to—

5

(a)   

a decision within sub-paragraph (3);

(b)   

anything done for the purposes of or in pursuance of a decision

within that sub-paragraph.

      (3)  

A decision is within this sub-paragraph if it is a decision (whether or not

taken in accordance with immigration rules) to do any of the following on

10

the ground that doing so is necessary for the public good—

(a)   

to refuse entry clearance;

(b)   

to refuse leave to enter or remain in the United Kingdom;

(c)   

to cancel leave to enter or remain in the United Kingdom;

(d)   

to vary leave to enter or remain in the United Kingdom;

15

(e)   

to refuse an application to vary leave to enter or remain in the United

Kingdom.

      (4)  

Section 28 does not apply to—

(a)   

a decision taken, or guidance given, by the Secretary of State in

connection with a decision within sub-paragraph (3);

20

(b)   

a decision taken in accordance with guidance given by the Secretary

of State in connection with a decision within that sub-paragraph.

Nationality and ethnic or national origins

17    (1)  

This paragraph applies in relation to race discrimination so far as relating

to—

25

(a)   

nationality;

(b)   

ethnic or national origins.

      (2)  

Section 28 does not apply to anything done by a relevant person in the

exercise of functions exercisable by virtue of a relevant enactment.

      (3)  

A relevant person is—

30

(a)   

a Minister of the Crown acting personally, or

(b)   

a person acting in accordance with a relevant authorisation.

      (4)  

A relevant authorisation is a requirement imposed or express authorisation

given—

(a)   

with respect to a particular case or class of case, by a Minister of the

35

Crown acting personally;

(b)   

with respect to a particular class of case, by a relevant enactment or

by an instrument made under or by virtue of a relevant enactment.

      (5)  

The relevant enactments are—

(a)   

the Immigration Acts;

40

(b)   

the Special Immigration Appeals Commission Act 1997;

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 4 — Immigration

137

 

(c)   

a provision made under section 2(2) of the European Communities

Act 1972 which relates to immigration or asylum;

(d)   

a provision of Community law which relates to immigration or

asylum.

      (6)  

The reference in sub-paragraph (5)(a) to the Immigration Acts does not

5

include a reference to—

(a)   

sections 28A to 28K of the Immigration Act 1971 (powers of arrest,

entry and search, etc.), or

(b)   

section 14 of the Asylum and Immigration (Treatment of Claimants,

etc.) Act 2004 (power of arrest).

10

Religion or belief

18    (1)  

This paragraph applies in relation to religious or belief-related

discrimination.

      (2)  

Section 28 does not apply to a decision within sub-paragraph (3) or anything

done for the purposes of or in pursuance of a decision within that sub-

15

paragraph.

      (3)  

A decision is within this sub-paragraph if it is a decision taken in accordance

with immigration rules—

(a)   

to refuse entry clearance or leave to enter the United Kingdom, or to

cancel leave to enter or remain in the United Kingdom, on the

20

grounds that the exclusion of the person from the United Kingdom

is conducive to the public good, or

(b)   

to vary leave to enter or remain in the United Kingdom, or to refuse

an application to vary leave to enter or remain in the United

Kingdom, on the grounds that it is undesirable to permit the person

25

to remain in the United Kingdom.

      (4)  

Section 28 does not apply to a decision within sub-paragraph (5), or

anything done for the purposes of or in pursuance of a decision within that

sub-paragraph, if the decision is taken on grounds mentioned in sub-

paragraph (6).

30

      (5)  

A decision is within this sub-paragraph if it is a decision (whether or not

taken in accordance with immigration rules) in connection with an

application for entry clearance or for leave to enter or remain in the United

Kingdom.

      (6)  

The grounds referred to in sub-paragraph (4) are—

35

(a)   

the grounds that a person holds an office or post in connection with

a religion or belief or provides a service in connection with a religion

or belief,

(b)   

the grounds that a religion or belief is not to be treated in the same

way as certain other religions or beliefs, or

40

(c)   

the grounds that the exclusion from the United Kingdom of a person

to whom paragraph (a) applies is conducive to the public good.

      (7)  

Section 28 does not apply to—

(a)   

a decision taken, or guidance given, by the Secretary of State in

connection with a decision within sub-paragraph (3) or (5);

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