Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 16 — Associations: exceptions
185

Schedule 16
Section 103

Associations: exceptions
Single characteristic associations
1     (1)
An association does not contravene section 98(1) by restricting membership
to persons who share a protected characteristic.
5
      (2)
An association that restricts membership to persons who share a protected
characteristic does not breach section 98(3) by restricting the access by
associates to a benefit, facility or service to such persons as share the
characteristic.
      (3)
An association that restricts membership to persons who share a protected
10
characteristic does not breach section 99(1) by inviting as guests, or by
permitting to be invited as guests, only such persons as share the
characteristic.
      (4)
Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation
to colour.
15
      (5)
This paragraph does not apply to an association that is a registered political
party.
Health and safety
2     (1)
An association (A) does not discriminate against a pregnant woman in
contravention of section 98(1)(b) because she is pregnant if—
20
(a)
the terms on which A is prepared to admit her to membership
include a term intended to remove or reduce a risk to her health or
safety,
(b)
A reasonably believes that admitting her to membership on terms
which do not include that term would create a risk to her health or
25
safety,
(c)
the terms on which A is prepared to admit persons with other
physical conditions to membership include a term intended to
remove or reduce a risk to their health or safety, and
(d)
A reasonably believes that admitting them to membership on terms
30
which do not include that term would create a risk to their health or
safety.
      (2)
Sub-paragraph (1) applies to section 99(1)(b) as it applies to section 98(1)(b);
and for that purpose a reference to admitting a person to membership is to
be read as a reference to inviting the person as a guest or permitting the
35
person to be invited as a guest.
      (3)
An association (A) does not discriminate against a pregnant woman in
contravention of section 98(2)(a) or (3)(a) or 99(2)(a) because she is pregnant
if—
(a)
the way in which A affords her access to a benefit, facility or service
40
is intended to remove or reduce a risk to her health or safety,
(b)
A reasonably believes that affording her access to the benefit, facility
or service otherwise than in that way would create a risk to her
health or safety,

Equality Bill
Schedule 17 — Disabled pupils: enforcement
Part 1 — Introductory
186

(c)
A affords persons with other physical conditions access to the
benefit, facility or service in a way that is intended to remove or
reduce a risk to their health or safety, and
(d)
A reasonably believes that affording them access to the benefit,
facility or service otherwise than in that way would create a risk to
5
their health or safety.
      (4)
An association (A) which does not afford a pregnant woman access to a
benefit, facility or service does not discriminate against her in contravention
of section 98(2)(a) or (3)(a) or 99(2)(a) because she is pregnant if—
(a)
A reasonably believes that affording her access to the benefit, facility
10
or service would, because she is pregnant, create a risk to her health
or safety,
(b)
A does not afford persons with other physical conditions access to
the benefit, facility or service, and
(c)
the reason for not doing so is that A reasonably believes that
15
affording them access to the benefit, facility or service would create
a risk to their health or safety.
      (5)
An association (A) does not discriminate against a pregnant woman under
section 98(2)(c) or (3)(c) because she is pregnant if—
(a)
the variation of A’s terms of membership, or rights as an associate, is
20
intended to remove or reduce a risk to her health or safety,
(b)
A reasonably believes that not making the variation to A’s terms or
rights would create a risk to her health or safety,
(c)
A varies the terms of membership, or rights as an associate, of
persons with other physical conditions,
25
(d)
the variation of their terms or rights is intended to remove or reduce
a risk to their health or safety, and
(e)
A reasonably believes that not making the variation to their terms or
rights would create a risk to their health or safety.
Schedule 17
30
Section 112

Disabled pupils: enforcement
Part 1
Introductory
1
In this Schedule—
“the Tribunal” means—
35
(a)
in relation to a school in England, the First-tier Tribunal;
(b)
in relation to a school in Wales, the Special Educational
Needs Tribunal for Wales;
(c)
in relation to a school in Scotland, an Additional Support
Needs Tribunal for Scotland;
40
“the English Tribunal” means the First-tier Tribunal;
“the Welsh Tribunal” means the Special Educational Needs Tribunal
for Wales;

Equality Bill
Schedule 17 — Disabled pupils: enforcement
Part 2 — Tribunals in England and Wales
187

“the Scottish Tribunal” means an Additional Support Needs Tribunal
for Scotland;
“responsible body” is to be construed in accordance with section 82.
Part 2
Tribunals in England and Wales
5
Introductory
2
This Part applies in relation to the English Tribunal and the Welsh Tribunal.
Jurisdiction
3
A claim that a responsible body has contravened Chapter 1 of Part 6 because
of a person’s disability may be made to the Tribunal by the person’s parent.
10
Time for bringing proceedings
4     (1)
Proceedings on a claim may not be brought after the end of the period of 6
months starting with the date when the conduct complained of occurred.
      (2)
If, in relation to proceedings or prospective proceedings under section 27 of
the Equality Act 2006, the dispute is referred for conciliation in pursuance of
15
arrangements under that section before the end of that period, the period is
extended by 3 months.
      (3)
The Tribunal may consider a claim which is out of time.
      (4)
Sub-paragraph (3) does not apply if the Tribunal has previously decided
under that sub-paragraph not to consider a claim.
20
      (5)
For the purposes of sub-paragraph (1)—
(a)
if the contravention is attributable to a term in a contract, the conduct
is to be treated as extending throughout the duration of the contract;
(b)
conduct extending over a period is to be treated as occurring at the
end of the period;
25
(c)
failure to do a thing is to be treated as occurring when the person in
question decided on it.
      (6)
In the absence of evidence to the contrary, a person (P) is to be taken to
decide on failure to do a thing—
(a)
when P acts inconsistently with doing the thing, or
30
(b)
if P does not act inconsistently, on the expiry of the period in which
P might reasonably have been expected to do the thing.
Powers
5     (1)
This paragraph applies if the Tribunal finds that the contravention has
occurred.
35
      (2)
The Tribunal may make such order as it thinks fit.
      (3)
The power under sub-paragraph (2)—

Equality Bill
Schedule 17 — Disabled pupils: enforcement
Part 2 — Tribunals in England and Wales
188

(a)
may, in particular, be exercised with a view to obviating or reducing
the adverse effect on the person of any matter to which the claim
relates;
(b)
does not include power to order the payment of compensation.
Procedure
5
6     (1)
This paragraph applies in relation to the Welsh Tribunal.
      (2)
The Welsh Ministers may by regulations make provision as to—
(a)
the proceedings on a claim under paragraph 3;
(b)
the making of a claim.
      (3)
The regulations may, in particular, include provision—
10
(a)
as to the manner in which a claim must be made;
(b)
for enabling functions relating to preliminary or incidental matters
(including in particular a decision under paragraph 4(3) to be
performed by the President or by the person occupying the chair (the
PC));
15
(c)
enabling hearings to be conducted in the absence of a member other
than the PC;
(d)
as to persons who may appear on behalf of the parties;
(e)
for granting such rights to disclosure or inspection of documents or
to further particulars as may be granted by the county court;
20
(f)
requiring persons to attend to give evidence and produce
documents;
(g)
for authorising the administration of oaths to witnesses;
(h)
for deciding claims without a hearing in prescribed circumstances;
(i)
as to the withdrawal of claims;
25
(j)
for enabling the Tribunal to stay proceedings;
(k)
for the award of costs or expenses;
(l)
for settling costs or expenses (and, in particular, for enabling costs to
be assessed in the county court;
(m)
for the registration and proof of decisions and orders;
30
(n)
for enabling prescribed decisions to be reviewed, or prescribed
orders to be varied or revoked, in such circumstances as may be
decided in accordance with the regulations.
      (4)
Proceedings must be held in private, except in prescribed circumstances.
      (5)
The Welsh Ministers may pay such allowances for the purpose of or in
35
connection with the attendance of persons at the Tribunal as they may
decide.
      (6)
Part 1 of the Arbitration Act 1996 (c. 23) does not apply to the proceedings,
but regulations may make provision in relation to such proceedings that
corresponds to a provision of that Part.
40
      (7)
The regulations may make provision for a claim to be heard, in prescribed
circumstances, with an appeal under Part 4 of the Education Act 1996
(special educational needs).
      (8)
A person commits an offence by failing to comply with—

Equality Bill
Schedule 17 — Disabled pupils: enforcement
Part 3 — Tribunals in Scotland
189

(a)
a requirement in respect of the disclosure or inspection of documents
imposed by virtue of sub-paragraph (3)(e), or
(b)
a requirement imposed by virtue of sub-paragraph (3)(f).
      (9)
A person guilty of the offence is liable on summary conviction to a fine not
exceeding level 3 on the standard scale.
5
Part 3
Tribunals in Scotland
Introductory
7
This Part applies in relation to the Scottish Tribunal.
Jurisdiction
10
8
A claim that a responsible body has contravened Chapter 1 of Part 6 because
of a person’s disability may be made to the Tribunal by—
(a)
the person’s parent;
(b)
where the person has capacity to make the claim, the person.
Powers
15
9     (1)
This paragraph applies if the Tribunal find the contravention has occurred.
      (2)
The Tribunal may make such order as it thinks fit.
      (3)
The power under sub-paragraph (2)—
(a)
may, in particular, be exercised with a view to obviating or reducing
the adverse effect on the person of any matter to which the claim
20
relates;
(b)
does not include power to order the payment of compensation.
Procedure etc.
10    (1)
The Scottish Ministers may make rules as to—
(a)
the proceedings on a claim under paragraph 8;
25
(b)
the making of a claim.
      (2)
The rules may, in particular, include provision for or in connection with—
(a)
the form and manner in which a claim must be made;
(b)
the time within which a claim is to be made;
(c)
the withdrawal of claims;
30
(d)
the recovery and inspection of documents;
(e)
the persons who may appear on behalf of the parties;
(f)
the persons who may be present at proceedings alongside any party
or witness to support the party or witness;
(g)
enabling specified persons other than the parties to appear or be
35
represented in specified circumstances;
(h)
requiring specified persons to give notice to other specified persons
of specified matters;
(i)
the time within which any such notice must be given;

Equality Bill
Schedule 17 — Disabled pupils: enforcement
Part 3 — Tribunals in Scotland
190

(j)
enabling Tribunal proceedings to be conducted in the absence of any
member of a Tribunal other than the convener;
(k)
enabling any matters that are preliminary or incidental to the
determination of proceedings to be determined by the convenor of a
Tribunal alone or with such other members of the Tribunal as may be
5
specified;
(l)
enabling Tribunals to be held in private;
(m)
enabling a Tribunal to exclude any person from attending all or part
of Tribunal proceedings;
(n)
enabling a Tribunal to impose reporting restrictions in relation to all
10
or part of Tribunal proceedings;
(o)
enabling a Tribunal to determine specified matters without holding
a hearing;
(p)
the recording and publication of decisions and orders of a Tribunal;
(q)
enabling a Tribunal to commission medical and other reports in
15
specified circumstances;
(r)
requiring a Tribunal to take specified actions, or to determine
specified proceedings, within specified periods;
(s)
enabling a Tribunal to make an award of expenses;
(t)
the taxation or assessment of such expenses;
20
(u)
enabling a Tribunal, in specified circumstances, to review, or to vary
or revoke, any of its decisions, orders or awards;
(v)
enabling a Tribunal, in specified circumstances, to review the
decisions, orders or awards of another Tribunal and take such action
(including variation and revocation) in respect of those decisions,
25
orders or awards as it thinks fit.
Appeals
11    (1)
Either of the persons specified in sub-paragraph (2) may appeal on a point
of law to the Court of Session against a decision of a Tribunal relating to a
claim under this Schedule.
30
      (2)
Those persons are—
(a)
the person who made the claim;
(b)
the responsible body.
      (3)
Where the Court of Session allows an appeal under sub-paragraph (1) it
may—
35
(a)
remit the reference back to the Tribunal or to a differently constituted
Tribunal to be considered again and give the Tribunal such
directions about the consideration of the case as the Court thinks fit;
(b)
make such ancillary orders as it considers necessary or appropriate.
Amendment of Education (Additional Support for Learning) (Scotland) Act 2004
40
12
The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)
is amended as follows—
(a)
in section 17(1), omit “to exercise the functions which are conferred
on a Tribunal by virtue of this Act”;
(b)
after section 17(1), insert—
45
“(1A)
Tribunals are to exercise the functions which are conferred on

Equality Bill
Schedule 17 — Disabled pupils: enforcement
Part 4 — Admissions and exclusions
191

them by virtue of—
(a)
this Act, and
(b)
the Equality Act 2009”;
(c)
in the definition of “Tribunal functions” in paragraph 1 of Schedule
1, after “Act” insert “or the Equality Act 2009”.
5
Part 4
Admissions and exclusions
Admissions
13    (1)
This paragraph applies if appeal arrangements have been made in relation
to admissions decisions.
10
      (2)
A claim that a responsible body has, because of a person’s disability,
contravened Chapter 1 of Part 6 in respect of an admissions decision must be
made under the appeal arrangements.
      (3)
The body hearing the claim has the powers it has in relation to an appeal
under the appeal arrangements.
15
      (4)
Appeal arrangements are arrangements under—
(a)
section 94 of the School Standards and Framework Act 1998 (c. 31), or
(b)
an agreement between the responsible body for an Academy and the
Secretary of State under section 482 of the Education Act 1996 (c. 56),

enabling an appeal to be made by the person’s parent against the decision.
20
      (5)
An admissions decision is—
(a)
a decision of a kind mentioned in section 94(1) or (2) of the School
Standards and Framework Act 1998;
(b)
a decision as to the admission of a person to an Academy taken by
the responsible body or on its behalf.
25
Exclusions
14    (1)
This paragraph applies if appeal arrangements have been made in relation
to exclusion decisions.
      (2)
A claim that a responsible body has, because of a person’s disability,
contravened Chapter 1 of Part 6 in respect of an exclusion decision must be
30
made under the appeal arrangements.
      (3)
The body hearing the claim has the powers it has in relation to an appeal
under the appeal arrangements.
      (4)
Appeal arrangements are arrangements under—
(a)
section 52(3) of the Education Act 2002 (c. 32), or
35
(b)
an agreement between the responsible body for an Academy and the
Secretary of State under section 482 of the Education Act 1996,

enabling an appeal to be made by the person’s parent against the decision.
      (5)
An exclusion decision is—
(a)
a decision of a kind mentioned in 52(3) of the Education Act 2002;
40