Equality Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 5 — Insurance
138

(b)
a decision taken in accordance with guidance given by the Secretary
of State in connection with a decision within either of those sub-
paragraphs.
Interpretation
19
A reference to entry clearance, leave to enter or remain or immigration rules
5
is to be construed in accordance with the Immigration Act 1971.
Part 5
Insurance
Disability
20    (1)
It is not a contravention of section 28, so far as relating to disability
10
discrimination, to do anything in connection with insurance business if—
(a)
the thing is done by reference to information that is both relevant to
the assessment of the risk to be insured and from a source on which
it is reasonable to rely, and
(b)
it is reasonable to do the thing.
15
      (2)
“Insurance business” means business which consists of effecting or carrying
out contracts of insurance; and that definition is to be read with—
(a)
section 22 of the Financial Services and Markets Act 2000;
(b)
any relevant order under that Act;
(c)
Schedule 2 to that Act.
20
Sex, gender reassignment, pregnancy and maternity
21    (1)
It is not a contravention of section 28, so far as relating to relevant
discrimination, to do anything in relation to an annuity, life insurance
policy, accident insurance policy or similar matter involving the assessment
of risk if—
25
(a)
the thing is done by reference to actuarial or other data from a source
on which it is reasonable to rely, and
(b)
it is reasonable to do the thing.
      (2)
In the case of a contract of insurance, or a contract for related financial
services, entered into before 6 April 2008, sub-paragraph (1) applies only in
30
relation to differences in premiums and benefits that are applicable to a
person under the contract.
      (3)
In the case of a contract of insurance, or a contract for related financial
services, entered into on or after 6 April 2008, sub-paragraph (1) applies only
to differences in premiums and benefits if—
35
(a)
the use of sex as a factor in the assessment of risk is based on relevant
and accurate actuarial and statistical data,
(b)
the data are compiled, published (whether in full or in summary
form) and regularly updated in accordance with guidance issued by
the Treasury,
40
(c)
the differences are proportionate having regard to the data, and

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 6 — Separate and single services
139

(d)
the differences do not result from costs related to pregnancy or to a
woman’s having given birth in the period of 26 weeks ending on the
day on which the thing is done.
      (4)
“Relevant discrimination” is—
(a)
gender reassignment discrimination;
5
(b)
pregnancy and maternity discrimination;
(c)
sex discrimination.
      (5)
For the purposes of the application of sub-paragraph (3) to gender
reassignment discrimination by virtue of section 13, that section has effect as
if in subsection (1), after “others” there were inserted “of B’s sex”.
10
      (6)
In the application of sub-paragraph (3) to a contract entered into before 22
December 2008, paragraph (d) is to be ignored.
Existing insurance policies
22    (1)
It is not a contravention of section 28, so far as relating to relevant
discrimination, to do anything in connection with insurance business in
15
relation to an existing insurance policy.
      (2)
“Relevant discrimination” is—
(a)
age discrimination;
(b)
disability discrimination;
(c)
gender reassignment discrimination;
20
(d)
pregnancy and maternity discrimination;
(e)
race discrimination;
(f)
religious or belief-related discrimination;
(g)
sex discrimination;
(h)
sexual orientation discrimination.
25
      (3)
An existing insurance policy is a policy of insurance entered into before the
date on which this paragraph comes into force.
      (4)
Sub-paragraph (1) does not apply where an existing insurance policy was
renewed, or the terms of such a policy were reviewed, on or after the date on
which this paragraph comes into force.
30
      (5)
A review of an existing insurance policy which was part of, or incidental to,
a general reassessment by the service-provider of the pricing structure for a
group of policies is not a review for the purposes of sub-paragraph (4).
      (6)
In this paragraph—
“insurance business” has the meaning given in paragraph 20;
35
“service-provider” has the meaning given in section 28.
Part 6
Separate and single services
Separate services for the sexes
23    (1)
A person does not contravene section 28, so far as relating to sex
40
discrimination, by providing separate services for persons of each sex if—

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 6 — Separate and single services
140

(a)
a joint service for persons of both sexes would be less effective, and
(b)
the limited provision is a proportionate means of achieving a
legitimate aim.
      (2)
A person does not contravene section 28, so far as relating to sex
discrimination, by providing separate services differently for persons of
5
each sex if—
(a)
a joint service for persons of both sexes would be less effective,
(b)
the extent to which the service is required by one sex makes it not
reasonably practicable to provide the service otherwise than as a
separate service provided differently for each sex, and
10
(c)
the limited provision is a proportionate means of achieving a
legitimate aim.
      (3)
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.
Single-sex services
15
24    (1)
A person does not contravene section 28, so far as relating to sex
discrimination, by providing a service only to persons of one sex if—
(a)
any of the conditions in sub-paragraphs (2) to (7) is satisfied, and
(b)
the limited provision is a proportionate means of achieving a
legitimate aim.
20
      (2)
The condition is that only persons of that sex have need of the service.
      (3)
The condition is that—
(a)
the service is also provided jointly for persons of both sexes, and
(b)
the service would be insufficiently effective were it only to be
provided jointly.
25
      (4)
The condition is that—
(a)
a joint service for persons of both sexes would be less effective, and
(b)
the extent to which the service is required by persons of each sex
makes it not reasonably practicable to provide separate services.
      (5)
The condition is that the service is provided at a place which is, or is part
30
of—
(a)
a hospital, or
(b)
another establishment for persons requiring special care,
supervision or attention.
      (6)
The condition is that—
35
(a)
the service is provided for, or is likely to be used by, two or more
persons at the same time, and
(b)
the circumstances are such that a person of one sex might reasonably
object to the presence of a person of the opposite sex.
      (7)
The condition is that—
40
(a)
there is likely to be physical contact between a person (A) to whom
the service is provided and another person (B), and
(b)
B might reasonably object if A were not of the same sex as B.

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 6 — Separate and single services
141

      (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.
Gender reassignment
25    (1)
A person does not contravene section 28, so far as relating to gender
reassignment discrimination, only because of anything done in relation to a
5
matter within sub-paragraph (2) if the conduct in question is a proportionate
means of achieving a legitimate aim.
      (2)
The matters are—
(a)
the provision of separate services for persons of each sex;
(b)
the provision of separate services differently for persons of each sex;
10
(c)
the provision of a service only to persons of one sex.
Services relating to religion
26    (1)
A minister does not contravene section 28, 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—
15
(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
20
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
person, who—
(a)
performs functions in connection with the religion, and
25
(b)
holds an office or appointment in, or is accredited, approved or
recognised for purposes of, a relevant organisation in relation to the
religion.
      (3)
An organisation is a relevant organisation in relation to a religion if its
purpose is—
30
(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
35
(e)
to foster or maintain good relations between persons of different
religions.
      (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
40
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 28(1) or (2)—

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 7 — Transport
142

(a)
by insisting on providing the service in the way A normally provides
it, or
(b)
if A reasonably thinks it is impracticable to provide the service to
persons who do not share that characteristic, by refusing to provide
the service.
5
Part 7
Transport
Application to disability
28
This Part of this Schedule applies in relation to disability discrimination.
Transport by air
10
29    (1)
Section 28 does not apply to—
(a)
transporting people by air;
(b)
a service provided on a vehicle for transporting people by air.
      (2)
Section 28 does not apply to anything governed by Regulation (EC) No
1107/2006 of the European Parliament and of the Council of 5 July 2006
15
concerning the rights of disabled persons and persons with reduced
mobility when travelling by air.
Transport by land
30    (1)
Section 28 does not apply to transporting people by land, unless the vehicle
concerned is—
20
(a)
a hire-vehicle designed and constructed for the carriage of
passengers and comprising no more than 8 seats in addition to the
driver’s seat,
(b)
a hire-vehicle designed and constructed for the carriage of
passengers, comprising more than 8 seats in addition to the driver’s
25
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
30
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
35
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
Works Act 1992),
(h)
a taxi,
40
(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).

Equality Bill
Schedule 4 — Premises: reasonable adjustments
143

      (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.
Part 8
Supplementary
Power to amend
5
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 28, so far as relating
to disability, religion or belief or sexual orientation;
(b)
so as to add, vary or omit an exception to section 28(6), so far as
relating to gender reassignment, pregnancy and maternity, race or
10
sex.
      (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
15
Commission.
      (4)
Nothing in this paragraph affects the application of any other provision of
this Act to conduct outside England and Wales or Scotland.
Schedule 4
Section 36

Premises: reasonable adjustments
20
Preliminary
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part.
The duty in relation to let premises
2     (1)
This paragraph applies where A is a controller of let premises.
25
      (2)
A must comply with the first and third requirements.
      (3)
For the purposes of this paragraph, the reference in section 20(3) to a
provision, criterion or practice of A’s includes a reference to a term of the
letting.
      (4)
For those purposes, the reference in section 20(3) or (5) to a disabled person
30
is a reference to a disabled person who—
(a)
is a tenant of the premises, or
(b)
is otherwise entitled to occupy them.
      (5)
In relation to each requirement, the relevant matters are—
(a)
the enjoyment of the premises;
35
(b)
the use of a benefit or facility, entitlement to which arises as a result
of the letting.

Equality Bill
Schedule 4 — Premises: reasonable adjustments
144

      (6)
Sub-paragraph (2) applies only if A receives a request from or on behalf of
the tenant or a person entitled to occupy the premises to take steps to avoid
the disadvantage or provide the auxiliary aid.
      (7)
If a term of the letting that prohibits the tenant from making alterations puts
the disabled person at the disadvantage referred to in the first requirement,
5
A is required to change the term only so far as is necessary to enable the
tenant to make alterations to the let premises so as to avoid the
disadvantage.
      (8)
It is never reasonable for A to have to take a step which would involve the
removal or alteration of a physical feature.
10
      (9)
For the purposes of this paragraph, physical features do not include
furniture, furnishings, materials, equipment or other chattels in or on the
premises; and none of the following is an alteration of a physical feature—
(a)
the replacement or provision of a sign or notice;
(b)
the replacement of a tap or door handle;
15
(c)
the replacement, provision or adaptation of a door bell or door entry
system;
(d)
changes to the colour of a wall, door or any other surface.
     (10)
The terms of a letting include the terms of an agreement relating to it.
The duty in relation to premises to let
20
3     (1)
This paragraph applies where A is a controller of premises to let.
      (2)
A must comply with the first and third requirements.
      (3)
For the purposes of this paragraph, the reference in section 20(3) or (5) to a
disabled person is a reference to a disabled person who is considering taking
a letting of the premises.
25
      (4)
In relation to each requirement, the relevant matter is becoming a tenant of
the premises.
      (5)
Sub-paragraph (2) applies only if A receives a request by or on behalf of a
disabled person within sub-paragraph (3) for A to take steps to avoid the
disadvantage or provide the auxiliary aid.
30
      (6)
Nothing in this paragraph requires A to take a step which would involve the
removal or alteration of a physical feature.
      (7)
Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph
as it applies for the purposes of that paragraph.
The duty in relation to commonhold units
35
4     (1)
This paragraph applies where A is a commonhold association; and the
reference to a commonhold association is a reference to the association in its
capacity as the person who manages a commonhold unit.
      (2)
A must comply with the first and third requirements.
      (3)
For the purposes of this paragraph, the reference in section 20(3) to a
40
provision, criterion or practice of A’s includes a reference to—
(a)
a term of the commonhold community statement, or