|
| |
|
(b) | holds an office or appointment in, or is accredited, approved or |
| |
recognised for the purposes of the organisation. |
| |
(9) | The strongly held convictions are— |
| |
(a) | in the case of a religion, the strongly held religious convictions of a |
| |
significant number of the religion’s followers; |
| 5 |
(b) | in the case of a belief, the strongly held convictions relating to the |
| |
belief of a significant number of the belief’s followers. |
| |
(10) | This paragraph does not permit anything which is prohibited by section 28, |
| |
so far as relating to sexual orientation, if it is done— |
| |
(a) | on behalf of a public authority, and |
| 10 |
(b) | under the terms of a contract between the organisation and the |
| |
| |
(11) | In the application of this paragraph in relation to sexual orientation, sub- |
| |
paragraph (1)(e) must be ignored. |
| |
(12) | In the application of this paragraph in relation to sexual orientation, in sub- |
| 15 |
paragraph (3)(d), “disposal” does not include disposal of an interest in |
| |
premises by way of sale if the interest being disposed of is— |
| |
(a) | the entirety of the organisation’s interest in the premises, or |
| |
(b) | the entirety of the interest in respect of which the organisation has |
| |
| 20 |
| |
(a) | “disposal” is to be construed in accordance with section 36; |
| |
(b) | “public authority” has the meaning given in section 146(1). |
| |
| |
3 (1) | A person does not contravene this Act, so far as relating to sex |
| 25 |
discrimination or gender reassignment discrimination, only because of |
| |
anything done in relation to— |
| |
(a) | the admission of persons to communal accommodation; |
| |
(b) | the provision of a benefit, facility or service linked to the |
| |
| 30 |
(2) | Sub-paragraph (1)(a) does not apply unless the accommodation is managed |
| |
in a way which is as fair as possible to both men and women. |
| |
(3) | In applying sub-paragraph (1)(a), account must be taken of— |
| |
(a) | whether and how far it is reasonable to expect that the |
| |
accommodation should be altered or extended or that further |
| 35 |
accommodation should be provided, and |
| |
(b) | the frequency of the demand or need for use of the accommodation |
| |
by persons of one sex as compared with those of the other. |
| |
(4) | In applying sub-paragraph (1)(a) in relation to gender reassignment, |
| |
account must also be taken of whether and how far the conduct in question |
| 40 |
is a proportionate means of achieving a legitimate aim. |
| |
(5) | Communal accommodation is residential accommodation which includes |
| |
dormitories or other shared sleeping accommodation which for reasons of |
| |
privacy should be used only by persons of the same sex. |
| |
|
| |
|
| |
|
(6) | Communal accommodation may include— |
| |
(a) | shared sleeping accommodation for men and for women; |
| |
(b) | ordinary sleeping accommodation; |
| |
(c) | residential accommodation all or part of which should be used only |
| |
by persons of the same sex because of the nature of the sanitary |
| 5 |
facilities serving the accommodation. |
| |
(7) | A benefit, facility or service is linked to communal accommodation if— |
| |
(a) | it cannot properly and effectively be provided except for those using |
| |
| |
(b) | a person could be refused use of the accommodation in reliance on |
| 10 |
| |
(8) | This paragraph does not apply for the purposes of Part 5 unless such |
| |
arrangements as are reasonably practicable are made to compensate for— |
| |
(a) | in a case where sub-paragraph (1)(a) applies, the refusal of use of the |
| |
| 15 |
(b) | in a case where sub-paragraph (1)(b) applies, the refusal of provision |
| |
of the benefit, facility or service. |
| |
Training provided to non-EEA residents, etc. |
| |
4 (1) | A person (A) does not contravene this Act, so far as relating to nationality, |
| |
only by providing a non-resident (B) with training, if A thinks that B does |
| 20 |
not intend to exercise in Great Britain skills B obtains as a result. |
| |
(2) | A non-resident is a person who is not ordinarily resident in an EEA state. |
| |
(3) | The reference to providing B with training is— |
| |
(a) | if A employs B in relevant employment, a reference to doing |
| |
anything in or in connection with the employment; |
| 25 |
(b) | if A as a principal allows B to do relevant contract work, a reference |
| |
to doing anything in or in connection with allowing B to do the work; |
| |
(c) | in a case within paragraph (a) or (b) or any other case, a reference to |
| |
affording B access to facilities for education or training or ancillary |
| |
| 30 |
(4) | Employment or contract work is relevant if its sole or main purpose is the |
| |
provision of training in skills. |
| |
(5) | In the case of training provided by the armed forces or Secretary of State for |
| |
purposes relating to defence, sub-paragraph (1) has effect as if— |
| |
(a) | the reference in sub-paragraph (2) to an EEA state were a reference |
| 35 |
| |
(b) | in sub-paragraph (4), for “its sole or main purpose is” there were |
| |
substituted “it is for purposes including”. |
| |
(6) | “Contract work” and “principal” each have the meaning given in section 39. |
| |
|
| |
|
| |
|
| Schedule 13 (education: reasonable adjustments), except |
| | | | | | | | Schedule 17 (education: disabled pupils: enforcement) |
| | | | Schedule 18 (public sector equality duty: exceptions) |
| | | | Schedule 19 (list of public authorities) |
| | 5 | | Schedule 20 (rail vehicle accessibility: compliance) |
| | | | Schedule 21 (reasonable adjustments: supplementary) |
| | | | In Schedule 22 (exceptions: statutory provisions), paragraphs 2 |
| | | | | | | | Schedule 23 (general exceptions), except paragraph 2 |
| | 10 | | Schedule 25 (information society services) |
| | |
|
|
| |
| |
Information society services |
| |
| |
1 (1) | This paragraph applies where a person concerned with the provision of an |
| 15 |
information society service (an “information society service provider”) is |
| |
established in Great Britain. |
| |
(2) | This Act applies to anything done by the person in an EEA state (other than |
| |
the United Kingdom) in providing the service as this Act would apply if the |
| |
act in question were done by the person in Great Britain. |
| 20 |
2 (1) | This paragraph applies where an information society service provider is |
| |
established in an EEA state (other than the United Kingdom). |
| |
(2) | This Act does not apply to anything done by the person in providing the |
| |
| |
Exceptions for mere conduits |
| 25 |
3 (1) | An information society service provider does not contravene this Act only |
| |
by providing so much of an information society service as consists in— |
| |
(a) | the provision of access to a communication network, or |
| |
(b) | the transmission in a communication network of information |
| |
provided by the recipient of the service. |
| 30 |
(2) | But sub-paragraph (1) applies only if the service provider does not— |
| |
(a) | initiate the transmission; |
| |
(b) | select the recipient of the transmission; |
| |
(c) | select or modify the information contained in the transmission. |
| |
(3) | For the purposes of sub-paragraph (1), the provision of access to a |
| 35 |
communication network, and the transmission of information in a |
| |
|
| |
|
| |
|
communication network, includes the automatic, intermediate and transient |
| |
storage of the information transmitted so far as the storage is solely for the |
| |
purpose of carrying out the transmission in the network. |
| |
(4) | Sub-paragraph (3) does not apply if the information is stored for longer than |
| |
is reasonably necessary for the transmission. |
| 5 |
| |
4 (1) | This paragraph applies where an information society service consists in the |
| |
transmission in a communication network of information provided by a |
| |
recipient of the service. |
| |
(2) | The information society service provider does not contravene this Act only |
| 10 |
by doing anything in connection with the automatic, intermediate and |
| |
temporary storage of information so provided if— |
| |
(a) | the storage of the information is solely for the purpose of making |
| |
more efficient the onward transmission of the information to other |
| |
recipients of the service at their request, and |
| 15 |
(b) | the condition in sub-paragraph (3) is satisfied. |
| |
(3) | The condition is that the service-provider— |
| |
(a) | does not modify the information, |
| |
(b) | complies with such conditions as are attached to having access to the |
| |
| 20 |
(c) | (where sub-paragraph (4) applies) expeditiously removes the |
| |
information or disables access to it. |
| |
(4) | This sub-paragraph applies if the service-provider obtains actual knowledge |
| |
| |
(a) | the information at the initial source of the transmission has been |
| 25 |
removed from the network, |
| |
(b) | access to it has been disabled, or |
| |
(c) | a court or administrative authority has required the removal from |
| |
the network of, or the disablement of access to, the information. |
| |
| 30 |
5 (1) | An information society service provider does not contravene this Act only |
| |
by doing anything in providing so much of an information society service as |
| |
consists in the storage of information provided by a recipient of the service, |
| |
| |
(a) | the service provider had no actual knowledge when the information |
| 35 |
was provided that its provision amounted to a contravention of this |
| |
| |
(b) | on obtaining actual knowledge that the provision of the information |
| |
amounted to a contravention of that section, the service provider |
| |
expeditiously removed the information or disabled access to it. |
| 40 |
(2) | Sub-paragraph (1) does not apply if the recipient of the service is acting |
| |
under the authority of the control of the service provider. |
| |
|
| |
|
| |
|
| |
6 | An injunction or interdict under Part 1 of the Equality Act 2006 may not |
| |
impose on a person concerned with the provision of a service of a |
| |
description given in paragraph 3(1), 4(1) or 5(1)— |
| |
(a) | a liability the imposition of which would contravene Article 12, 13 or |
| 5 |
14 of the E-Commerce Directive; |
| |
(b) | a general obligation of the description given in Article 15 of that |
| |
| |
| |
7 (1) | This paragraph applies for the purposes of this Schedule. |
| 10 |
(2) | “Information society service”— |
| |
(a) | has the meaning given in Article 2(a) of the E-Commerce Directive |
| |
(which refers to Article 1(2) of Directive 98/34/EC of the European |
| |
Parliament and of the Council of 22 June 1998 laying down a |
| |
procedure for the provision of information in the field of technical |
| 15 |
standards and regulations), and |
| |
(b) | is summarised in recital 17 of the E-Commerce Directive as covering |
| |
“any service normally provided for remuneration, at a distance, by |
| |
means of electronic equipment for the processing (including digital |
| |
compression) and storage of data, and at the individual request of a |
| 20 |
| |
(3) | “The E-Commerce Directive” means Directive 2000/31/EC of the European |
| |
Parliament and of the Council of 8 June 2000 on certain legal aspects of |
| |
information society services, in particular electronic commerce, in the |
| |
Internal Market (Directive on electronic commerce). |
| 25 |
(4) | “Recipient” means a person who (whether for professional purposes or not) |
| |
uses an information society service, in particular for seeking information or |
| |
| |
(5) | An information society service-provider is “established” in a country or |
| |
territory if the service-provider— |
| 30 |
(a) | effectively pursues an economic activity using a fixed establishment |
| |
in that country or territory for an indefinite period, and |
| |
(b) | is a national of an EEA state or a body mentioned in Article 48 of the |
| |
| |
(6) | The presence or use in a particular place of equipment or other technical |
| 35 |
means of providing an information society service is not itself sufficient to |
| |
constitute the establishment of a service-provider. |
| |
(7) | Where it cannot be decided from which of a number of establishments an |
| |
information society service is provided, the service is to be regarded as |
| |
provided from the establishment at the centre of the information society |
| 40 |
service provider’s activities relating to that service. |
| |
(8) | Section 201(4) does not apply to references to providing a service. |
| |
|
| |
|