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Equality Bill


Equality Bill
Part 3 — Services and public functions

15

 

Provision of services, etc.

28      

Provision of services, etc.

(1)   

A person (a “service-provider”) concerned with the provision of a service to the

public or a section of the public (for payment or not) must not discriminate

against a person requiring the service by not providing the person with the

5

service.

(2)   

A service-provider (A) must not, in providing the service, discriminate against

a person (B)—

(a)   

as to the terms on which A provides the service to B;

(b)   

by terminating the provision of the service to B;

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(c)   

by subjecting B to any other detriment.

(3)   

A service-provider must not, in relation to the provision of the service,

harass—

(a)   

a person requiring the service, or

(b)   

a person to whom the service-provider provides the service.

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(4)   

A service-provider must not victimise a person requiring the service by not

providing the person with the service.

(5)   

A service-provider (A) must not, in providing the service, victimise a person

(B)—

(a)   

as to the terms on which A provides the service to B;

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(b)   

by terminating the provision of the service to B;

(c)   

by subjecting B to any other detriment.

(6)   

A person must not, in the exercise of a public function that is not the provision

of a service to the public or a section of the public, do anything that constitutes

discrimination, harassment or victimisation.

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(7)   

A duty to make reasonable adjustments applies to—

(a)   

a service-provider (and see also section 53(7));

(b)   

a person who exercises a public function that is not the provision of a

service to the public or a section of the public.

(8)   

In the application of section 25 for the purposes of subsection (3), and

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subsection (6) as it relates to harassment, neither of the following is a relevant

protected characteristic—

(a)   

religion or belief;

(b)   

sexual orientation.

(9)   

In the application of this section, so far as relating to race or religion or belief,

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to the granting of entry clearance (within the meaning of the Immigration Act

1971), it does not matter whether an act is done within or outside the United

Kingdom.

(10)   

Subsection (9) does not affect the application of any other provision of this Act

to conduct outside England and Wales or Scotland.

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Equality Bill
Part 3 — Services and public functions

16

 

Supplementary

29      

Ships and hovercraft

(1)   

This Part (except section 28(6)) applies only in such circumstances as are

prescribed in relation to—

(a)   

transporting people by ship or hovercraft;

5

(b)   

a service provided on a ship or hovercraft.

(2)   

In the application of subsection (1) to disability discrimination, the words

“(except section 28(6))” are to be ignored.

(3)   

It does not matter whether the ship or hovercraft is within or outside the

United Kingdom.

10

(4)   

“Ship” has the same meaning as in the Merchant Shipping Act 1995.

(5)   

“Hovercraft” has the same meaning as in the Hovercraft Act 1968.

(6)   

Nothing in this section affects the application of any other provision of this Act

to conduct outside England and Wales or Scotland.

30      

Interpretation and exceptions

15

(1)   

This section applies for the purposes of this Part.

(2)   

A reference to the provision of a service includes a reference to the provision of

goods or facilities.

(3)   

A reference to the provision of a service includes a reference to the provision of

a service in the exercise of a public function.

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(4)   

A public function is a function that is a function of a public nature for the

purposes of the Human Rights Act 1998.

(5)   

Where an employer arranges for another person to provide a service only to the

employer’s employees—

(a)   

the employer is not to be regarded as the service-provider, but

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(b)   

the employees are to be regarded as a section of the public.

(6)   

A reference to a person requiring a service includes a reference to a person who

is seeking to obtain or use the service.

(7)   

A reference to a service-provider not providing a person with a service

includes a reference to—

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(a)   

the service-provider not providing the person with a service of the

quality that the service-provider usually provides to the public (or the

section of it which includes the person), or

(b)   

the service-provider not providing the person with the service in the

manner in which, or on the terms on which, the service-provider

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usually provides the service to the public (or the section of it which

includes the person).

(8)   

In relation to the provision of a service by either House of Parliament, the

service-provider is the Corporate Officer of the House concerned; and if the

service involves access to, or use of, a place in the Palace of Westminster which

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members of the public are allowed to enter, both Corporate Officers are jointly

the service-provider.

 
 

Equality Bill
Part 4 — Premises

17

 

(9)   

Schedule 2 (reasonable adjustments) has effect.

(10)   

Schedule 3 (exceptions) has effect.

Part 4

Premises

Preliminary

5

31      

Application of this Part

(1)   

This Part does not apply to the following protected characteristics—

(a)   

age;

(b)   

marriage and civil partnership.

(2)   

This Part does not apply to discrimination, harassment or victimisation—

10

(a)   

that is prohibited by Part 5 (work) or Part 6 (education), or

(b)   

that would be so prohibited but for an express exception.

(3)   

This Part does not apply to the provision of accommodation if the provision—

(a)   

is generally for the purpose of short stays by individuals who live

elsewhere, or

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(b)   

is for the purpose only of exercising a public function or providing a

service to the public or a section of the public.

(4)   

The reference to the exercise of a public function, and the reference to the

provision of a service, are to be construed in accordance with Part 3.

(5)   

This Part does not apply to—

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(a)   

a breach of an equality clause or rule;

(b)   

anything that would be a breach of an equality clause or rule but for

section 66 or Part 2 of Schedule 7;

(c)   

a breach of a non-discrimination rule.

Disposal and management

25

32      

Disposals, etc.

(1)   

A person (A) who has the right to dispose of premises must not discriminate

against another (B)—

(a)   

as to the terms on which A offers to dispose of the premises to B;

(b)   

by not disposing of the premises to B;

30

(c)   

in A’s treatment of B with respect to things done in relation to persons

seeking premises.

(2)   

Where an interest in a commonhold unit cannot be disposed of unless a

particular person is a party to the disposal, that person must not discriminate

against a person by not being a party to the disposal.

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(3)   

A person who has the right to dispose of premises must not, in connection with

anything done in relation to their occupation or disposal, harass—

(a)   

a person who occupies them;

(b)   

a person who applies for them.

 
 

Equality Bill
Part 4 — Premises

18

 

(4)   

A person (A) who has the right to dispose of premises must not victimise

another (B)—

(a)   

as to the terms on which A offers to dispose of the premises to B;

(b)   

by not disposing of the premises to B;

(c)   

in A’s treatment of B with respect to things done in relation to persons

5

seeking premises.

(5)   

Where an interest in a commonhold unit cannot be disposed of unless a

particular person is a party to the disposal, that person must not victimise a

person by not being a party to the disposal.

(6)   

In the application of section 25 for the purposes of subsection (3), neither of the

10

following is a relevant protected characteristic—

(a)   

religion or belief;

(b)   

sexual orientation.

33      

Permission for disposal

(1)   

A person whose permission is required for the disposal of premises must not

15

discriminate against another by not giving permission for the disposal of the

premises to the other.

(2)   

A person whose permission is required for the disposal of premises must not,

in relation to an application for permission to dispose of the premises, harass a

person—

20

(a)   

who applies for permission to dispose of the premises, or

(b)   

to whom the disposal would be made if permission were given.

(3)   

A person whose permission is required for the disposal of premises must not

victimise another by not giving permission for the disposal of the premises to

the other.

25

(4)   

In the application of section 25 for the purposes of subsection (2), neither of the

following is a relevant protected characteristic—

(a)   

religion or belief;

(b)   

sexual orientation.

(5)   

This section does not apply to anything done in the exercise of a judicial

30

function.

34      

Management

(1)   

A person (A) who manages premises must not discriminate against a person

(B) who occupies the premises—

(a)   

in the way in which A allows B, or by not allowing B, to make use of a

35

benefit or facility;

(b)   

by evicting B ( or taking steps for the purpose of securing B’s eviction);

(c)   

by subjecting B to any other detriment.

(2)   

A person who manages premises must not, in relation to their management,

harass—

40

(a)   

a person who occupies them;

(b)   

a person who applies for them.

 
 

Equality Bill
Part 4 — Premises

19

 

(3)   

A person (A) who manages premises must not victimise a person (B) who

occupies the premises—

(a)   

in the way in which A allows B, or by not allowing B, to make use of a

benefit or facility;

(b)   

by evicting B ( or taking steps for the purpose of securing B’s eviction);

5

(c)   

by subjecting B to any other detriment.

(4)   

In the application of section 25 for the purposes of subsection (2), neither of the

following is a relevant protected characteristic—

(a)   

religion or belief;

(b)   

sexual orientation.

10

Reasonable adjustments

35      

Leasehold and commonhold premises and common parts

(1)   

A duty to make reasonable adjustments applies to—

(a)   

a controller of let premises;

(b)   

a controller of premises to let;

15

(c)   

a commonhold association;

(d)   

a responsible person in relation to common parts.

(2)   

A controller of let premises is—

(a)   

a person by whom premises are let, or

(b)   

a person who manages them.

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(3)   

A controller of premises to let is—

(a)   

a person who has premises to let, or

(b)   

a person who manages them.

(4)   

The reference in subsection (1)(c) to a commonhold association is a reference to

the association in its capacity as the person who manages a commonhold unit.

25

(5)   

A responsible person in relation to common parts is—

(a)   

where the premises to which the common parts relate are part of

commonhold land, the commonhold association;

(b)   

where the premises to which the common parts relate are part of a

tenement in Scotland, the owner of the common parts;

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(c)   

where the premises to which the common parts relate are let (and are

not part of commonhold land or of a tenement in Scotland), a person by

whom the premises are let.

(6)   

Common parts are—

(a)   

in relation to let premises (which are not part of commonhold land or

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of a tenement in Scotland), the structure and exterior of, and any

common facilities within or used in connection with, the building or

part of a building which includes the premises;

(b)   

in relation to commonhold land, every part of the commonhold which

is not for the time being a commonhold unit in accordance with the

40

commonhold community statement;

(c)   

in relation to premises which are part of a tenement in Scotland, the

structure and exterior of, and any common facilities within or used in

connection with, the tenement building which includes the premises

 
 

Equality Bill
Part 4 — Premises

20

 

insofar as the structure, exterior and common facilities are owned in

common with others.

(7)   

A reference to letting includes a reference to sub-letting; and for the purposes

of subsection (1)(a) and (b), a reference to let premises includes premises

subject to a right to occupy.

5

(8)   

This section does not apply to premises of such description as may be

prescribed.

Supplementary

36      

Interpretation and exceptions

(1)   

This section applies for the purposes of this Part.

10

(2)   

A reference to premises is a reference to the whole or part of the premises.

(3)   

A reference to disposing of premises includes, in the case of premises subject

to a tenancy, a reference to—

(a)   

assigning the premises,

(b)   

sub-letting them, or

15

(c)   

parting with possession of them.

(4)   

A reference to disposing of premises also includes a reference to granting a

right to occupy them.

(5)   

A reference to disposing of an interest in a commonhold unit includes a

reference to creating an interest in a commonhold unit.

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(6)   

A reference to a tenancy is to a tenancy created (whether before or after the

passing of this Act)—

(a)   

by a lease or sub-lease,

(b)   

by an agreement for a lease or sub-lease,

(c)   

by a tenancy agreement, or

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(d)   

in pursuance of an enactment,

   

and a reference to a tenant is to be construed accordingly.

(7)   

A reference to commonhold land, a commonhold association, a commonhold

community statement, a commonhold unit or a unit-holder is to be construed

in accordance with the Commonhold and Leasehold Reform Act 2002.

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(8)   

A reference to a tenement or tenement building is to be construed in

accordance with the Tenements (Scotland) Act 2004 (asp 11).

(9)   

Schedule 4 (reasonable adjustments) has effect.

(10)   

Schedule 5 (exceptions) has effect.

 
 

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

21

 

Part 5

Work

Chapter 1

Employment, etc.

Employees

5

37      

Employees and applicants

(1)   

An employer (A) must not discriminate against a person (B)—

(a)   

in the arrangements A makes for deciding to whom to offer

employment;

(b)   

as to the terms on which A offers B employment;

10

(c)   

by not offering B employment.

(2)   

An employer (A) must not discriminate against an employee of A’s (B)—

(a)   

as to B’s terms of employment;

(b)   

in the way A affords B access, or by not affording B access, to

opportunities for promotion, transfer or training or for receiving any

15

other benefit, facility or service;

(c)   

by dismissing B;

(d)   

by subjecting B to any other detriment.

(3)   

An employer (A) must not victimise a person (B)—

(a)   

in the arrangements A makes for deciding to whom to offer

20

employment;

(b)   

as to the terms on which A offers B employment;

(c)   

by not offering B employment.

(4)   

An employer (A) must not victimise an employee of A’s (B)—

(a)   

as to B’s terms of employment;

25

(b)   

in the way A affords B access, or by not affording B access, to

opportunities for promotion, transfer or training or for any other

benefit, facility or service;

(c)   

by dismissing B;

(d)   

by subjecting B to any other detriment.

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(5)   

A duty to make reasonable adjustments applies to an employer.

(6)   

Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not

apply to a term that relates to pay—

(a)   

unless, were B to accept the offer, an equality clause or rule would have

effect in relation to the term, or

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(b)   

if paragraph (a) does not apply, except in so far as making an offer on

terms including that term amounts to a contravention of subsection

(1)(b) by virtue of section 13 or 18.

(7)   

In subsections (2)(c) and (4)(c), the reference to dismissing B includes a

reference to the termination of B’s employment—

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(a)   

by the expiry of a period (including a period expiring by reference to an

event or circumstance);

 
 

 
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