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Session 2008 - 09
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Other Bills before Parliament

Equality Bill


Equality Bill
Schedule 18 — Public sector equality duty: exceptions

192

 

(b)   

a decision taken by the responsible body or on its behalf not to

reinstate a pupil who has been permanently excluded from an

Academy by its head teacher.

      (6)  

“Responsible body”, in relation to a maintained school, includes the

discipline committee of the governing body if that committee is required to

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be established as a result of regulations made under section 19 of the

Education Act 2002 (c. 32).

      (7)  

“Maintained school” has the meaning given in section 20(7) of the School

Standards and Framework Act 1998.

Schedule 18

10

Section 145

 

Public sector equality duty: exceptions

Children

1     (1)  

Section 145, so far as relating to age, does not apply to the exercise of a

function relating to—

(a)   

the provision of education to pupils in schools;

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(b)   

the provision of benefits, facilities or services to pupils in schools;

(c)   

the provision of accommodation, benefits, facilities or services in

community homes pursuant to section 53(1) of the Children Act

1989;

(d)   

the provision of accommodation, benefits, facilities or services

20

pursuant to arrangements under section 82(5) of that Act

(arrangements by the Secretary of State relating to the

accommodation of children).

      (2)  

“Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6

(schools).

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Immigration

2     (1)  

In relation to the exercise of immigration and nationality functions, section

145 has effect as if subsection (1)(b) did not apply to the protected

characteristics of age, race or religion or belief.

      (2)  

“Immigration and nationality functions” means functions exercisable by

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virtue of—

(a)   

the Immigration Acts (excluding sections 28A to 28K of the

Immigration Act 1971 so far as they relate to criminal offences),

(b)   

the British Nationality Act 1981,

(c)   

the British Nationality (Falkland Islands) Act 1983,

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(d)   

the British Nationality (Hong Kong) Act 1990,

(e)   

the Hong Kong (War Wives and Widows) Act 1996,

(f)   

the British Nationality (Hong Kong) Act 1997,

(g)   

the Special Immigration Appeals Commission Act 1997,

(h)   

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

40

Act 1972, or of Community law, which relates to the subject matter

of an enactment within paragraphs (a) to (g).

 
 

Equality Bill
Schedule 18 — Public sector equality duty: exceptions

193

 

Judicial functions, etc.

3     (1)  

Section 145 does not apply to the exercise of—

(a)   

a judicial function;

(b)   

a function exercised on behalf of, or on the instructions of, a person

exercising a judicial function.

5

      (2)  

The references to a judicial function include a reference to a judicial function

conferred on a person other than a court or tribunal.

Exceptions that are specific to section 145(2)

4     (1)  

Section 145(2) (application of section 145(1) to persons who are not public

authorities but by whom public functions are exercisable) does not apply

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to—

(a)   

a person listed in sub-paragraph (2);

(b)   

the exercise of a function listed in sub-paragraph (3).

      (2)  

Those persons are—

(a)   

the House of Commons;

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(b)   

the House of Lords;

(c)   

the Scottish Parliament;

(d)   

the National Assembly for Wales;

(e)   

the General Synod of the Church of England;

(f)   

the Security Service;

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(g)   

the Secret Intelligence Service;

(h)   

the Government Communications Headquarters;

(i)   

a part of the armed forces which is, in accordance with a requirement

of the Secretary of State, assisting the Government Communications

Headquarters.

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      (3)  

Those functions are—

(a)   

a function in connection with proceedings in the House of Commons

or the House of Lords;

(b)   

a function in connection with proceedings in the Scottish Parliament

(other than a function of the Scottish Parliamentary Corporate Body);

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(c)   

a function in connection with proceedings in the National Assembly

for Wales (other than a function of the Assembly Commission).

Power to amend Schedule

5          

A Minister of the Crown may by order amend this Schedule so as to add,

vary or omit an exception to section 145.

35

 
 

Equality Bill
Schedule 19 — Public authorities
Part 1 — Public authorities: general

194

 

Schedule 19

Section 146

 

Public authorities

Part 1

Public authorities: general

Ministers of the Crown and government departments

5

A Minister of the Crown.

A government department other than the Security Service, the Secret

Intelligence Service or the Government Communications

Headquarters.

Armed forces

10

Any of the armed forces other than any part of the armed forces which is,

in accordance with a requirement of the Secretary of State, assisting the

Government Communications Headquarters.

National Health Service

A Strategic Health Authority established under section 13 of the National

15

Health Service Act 2006, or continued in existence by virtue of that

section.

A Primary Care Trust established under section 18 of that Act, or

continued in existence by virtue of that section.

An NHS trust established under section 25 of that Act.

20

A Special Health Authority established under section 28 of that Act other

than NHS Blood and Transplant and the NHS Business Services

Authority.

An NHS foundation trust within the meaning given by section 30 of that

Act.

25

Local government

A county council, district council or parish council in England.

A parish meeting constituted under section 13 of the Local Government

Act 1972.

Charter trustees constituted under section 246 of that Act for an area in

30

England.

The Greater London Authority.

A London borough council.

The Common Council of the City of London in its capacity as a local

authority or port health authority.

35

The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the

Middle Temple, in that person’s capacity as a local authority.

The London Development Agency.

The London Fire and Emergency Planning Authority.

Transport for London.

40

The Council of the Isles of Scilly.

 
 

Equality Bill
Schedule 19 — Public authorities
Part 1 — Public authorities: general

195

 

The Broads Authority established by section 1 of the Norfolk and Suffolk

Broads Act 1988.

A regional development agency established by the Regional

Development Agencies Act 1998 (other than the London Development

Agency).

5

A fire and rescue authority constituted by a scheme under section 2 of the

Fire and Rescue Services Act 2004, or a scheme to which section 4 of that

Act applies, for an area in England.

An internal drainage board which is continued in being by virtue of

section 1 of the Land Drainage Act 1991 for an area in England.

10

A National Park authority established by an order under section 63 of the

Environment Act 1995 for an area in England.

A Passenger Transport Executive for an integrated transport area in

England (within the meaning of Part 2 of the Transport Act 1968).

A port health authority constituted by an order under section 2 of the

15

Public Health (Control of Disease) Act 1984 for an area in England.

A waste disposal authority established by virtue of an order under section

10(1) of the Local Government Act 1985.

A joint authority established under Part 4 of that Act for an area in

England (including, by virtue of section 77(9) of the Local Transport Act

20

2008, an Integrated Transport Authority established under Part 5 of

that Act of 2008).

A body corporate established pursuant to an order under section 67 of the

Local Government Act 1985.

A joint committee constituted in accordance with section 102(1)(b) of the

25

Local Government Act 1972 for an area in England.

A joint board which is continued in being by virtue of section 263(1) of

that Act for an area in England.

Other educational bodies

The governing body of an educational establishment maintained by an

30

English local authority (within the meaning of section 162 of the

Education and Inspections Act 2006).

The governing body of an institution in England within the further

education sector (within the meaning of section 91(3) of the Further and

Higher Education Act 1992).

35

The governing body of an institution in England within the higher

education sector (within the meaning of section 91(5) of that Act).

Police

A police authority established under section 3 of the Police Act 1996.

The Metropolitan Police Authority established under section 5B of that

40

Act.

The Common Council of the City of London in its capacity as a police

authority.

 
 

Equality Bill
Schedule 19 — Public authorities
Part 2 — Public authorities: relevant Welsh authorities

196

 

Part 2

Public authorities: relevant Welsh authorities

Welsh Assembly Government, etc.

The Welsh Ministers.

The First Minister for Wales.

5

The Counsel General to the Welsh Assembly Government.

A subsidiary of the Welsh Ministers (within the meaning given by section

134(4) of the Government of Wales Act 2006).

National Health Service

A Local Health Board established under section 11 of the National Health

10

Service (Wales) Act 2006.

An NHS trust established under section 18 of that Act.

A Special Health Authority established under section 22 of that Act other

than NHS Blood and Transplant and the NHS Business Services

Authority.

15

A Community Health Council in Wales.

Local government

A county council, county borough council or community council in

Wales.

Charter trustees constituted under section 246 of the Local Government

20

Act 1972 for an area in Wales.

A fire and rescue authority constituted by a scheme under section 2 of the

Fire and Rescue Services Act 2004, or a scheme to which section 4 of that

Act applies, for an area in Wales.

An internal drainage board which is continued in being by virtue of

25

section 1 of the Land Drainage Act 1991 for an area in Wales.

A National Park authority established by an order under section 63 of the

Environment Act 1995 for an area in Wales.

A port health authority constituted by an order under section 2 of the

Public Health (Control of Disease) Act 1984 for an area in Wales.

30

A joint authority established under Part 4 of the Local Government Act

1985 for an area in Wales.

A joint committee constituted in accordance with section 102(1)(b) of the

Local Government Act 1972 for an area in Wales.

A joint board which is continued in being by virtue of section 263(1) of

35

that Act for an area in Wales.

Other educational bodies

The governing body of an educational establishment maintained by a

Welsh local authority (within the meaning of section 162 of the

Education and Inspections Act 2006).

40

The governing body of an institution in Wales within the further

education sector (within the meaning of section 91(3) of the Further and

Higher Education Act 1992).

 
 

Equality Bill
Schedule 19 — Public authorities
Part 3 — Public authorities: relevant Scottish authorities

197

 

The governing body of an institution in Wales within the higher

education sector (within the meaning of section 91(5) of that Act).

Part 3

Public authorities: relevant Scottish authorities

Scottish Administration

5

An office-holder in the Scottish Administration (within the meaning

given by section 126(7)(a) of the Scotland Act 1998).

National Health Service

A Health Board constituted under section 2 of the National Health Service

(Scotland) Act 1978.

10

A Special Health Board constituted under that section.

Local government

A council constituted under section 2 of the Local Government etc.

(Scotland) Act 1994.

A community council established under section 51 of the Local

15

Government (Scotland) Act 1973.

A joint board within the meaning of section 235(1) of that Act.

A joint fire and rescue board constituted by a scheme under section 2(1)

of the Fire (Scotland) Act 2005.

A licensing board established under section 5 of the Licensing (Scotland)

20

Act 2005, or continued in being by virtue of that section.

A National Park authority established by a designation order made under

section 6 of the National Parks (Scotland) Act 2000.

Scottish Enterprise and Highlands and Islands Enterprise, established

under the Enterprise and New Towns (Scotland) Act 1990.

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Other educational bodies

An education authority in Scotland (within the meaning of section 135(1)

of the Education (Scotland) Act 1980).

The managers of a grant-aided school (within the meaning of that

section).

30

The board of management of a college of further education (within the

meaning of section 36(1) of the Further and Higher Education

(Scotland) Act 1992).

In the case of such a college of further education not under the

management of a board of management, the board of governors of the

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college or any person responsible for the management of the college,

whether or not formally constituted as a governing body or board of

governors.

The governing body of an institution within the higher education sector

(within the meaning of Part 2 of the Further and Higher Education

40

(Scotland) Act 1992).

 
 

Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance

198

 

Police

A police authority established under section 2 of the Police (Scotland) Act

1967.

Schedule 20

Section 181

 

Rail vehicle accessibility: compliance

5

Rail vehicle accessibility compliance certificates

1     (1)  

A regulated rail vehicle which is prescribed, or is of a prescribed class or

description, must not be used for carriage unless a compliance certificate is

in force for the vehicle.

      (2)  

A “compliance certificate” is a certificate that the Secretary of State is

10

satisfied that the regulated rail vehicle conforms with the provisions of rail

vehicle accessibility regulations with which it is required to conform.

      (3)  

A compliance certificate is subject to such conditions as are specified in it.

      (4)  

A compliance certificate may not be issued for a rail vehicle unless the

Secretary of State has been provided with a report of a compliance

15

assessment of the vehicle.

      (5)  

A “compliance assessment” is an assessment of a rail vehicle against

provisions of rail vehicle accessibility regulations with which the vehicle is

required to conform.

      (6)  

If a regulated rail vehicle is used for carriage in contravention of sub-

20

paragraph (1), the Secretary of State may require the operator of the vehicle

to pay a penalty.

      (7)  

The Secretary of State must review a decision not to issue a compliance

certificate if before the end of the prescribed period the applicant—

(a)   

asks the Secretary of State to review the decision, and

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(b)   

pays any fee fixed under paragraph 4.

      (8)  

For the purposes of the review, the Secretary of State must consider any

representations made by the applicant in writing before the end of the

prescribed period.

Regulations as to compliance certificates

30

2     (1)  

Regulations may make provision as to compliance certificates.

      (2)  

The regulations may (in particular) include provision—

(a)   

as to applications for and issue of certificates;

(b)   

specifying conditions to which certificates are subject;

(c)   

as to the period for which a certificate is in force;

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(d)   

as to circumstances in which a certificate ceases to be in force;

(e)   

dealing with failure to comply with a specified condition;

(f)   

for the examination of rail vehicles in respect of which applications

have been made;

 
 

 
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