Equality Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 26 — Amendments
219

Schedule 26
Section 200

Amendments
Local Government Act 1988
1
Part 2 of the Local Government Act 1988 (public supply or works contracts)
is amended as follows.
5
2
In section 17 (local and other public authority contracts: exclusion of non-
commercial considerations)—
(a)
omit subsection (9), and
(b)
after that subsection insert—
“(10)
This section does not prevent a public authority to which it
10
applies from exercising any function regulated by this section
with reference to a non-commercial matter to the extent that
the authority considers it necessary or expedient to do so to
enable or facilitate compliance with—
(a)
the duty imposed on it by section 145 of the Equality
15
Act 2009 (public sector equality duty), or
(b)
any duty imposed on it by regulations under section
149 or 150 of that Act (powers to impose specific
duties).”
3
Omit section 18 (exceptions to section 17 relating to race relations matters).
20
4
In section 19 (provisions supplementary to or consequential on section 17)
omit subsection (10).
Employment Act 1989
5     (1)
Section 12 of the Employment Act 1989 (Sikhs: requirements as to safety
helmets) is amended as follows.
25
      (2)
In subsection (1), for “requirement or condition”, in the first three places,
substitute “provision, criterion or practice”.
      (3)
In that subsection, for the words from “section 1(1)(b)” to the end substitute
“section 19 of the Equality Act 2009 (indirect discrimination), the provision,
criterion or practice is to be taken as one in relation to which the condition
30
in subsection (2)(d) of that section (proportionate means of achieving a
legitimate aim) is satisfied”.
      (4)
In subsection (2), for the words from “the Race Relations Act” to the end
substitute “section 13 of the Equality Act 2009 as giving rise to
discrimination against any other person”.
35
Equality Act 2006
6
The Equality Act 2006 is amended as follows.
7     (1)
Section 8 (equality and diversity) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (d) for “equality enactments” substitute “Equality Act
40
2009”, and

Equality Bill
Schedule 26 — Amendments
220

(b)
in paragraph (e) for “the equality enactments” substitute “that Act”.
      (3)
In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute
“Equality Act 2009”.
8
In section 10(2) (meaning of group) for paragraph (d) substitute—
“(d)
gender reassignment (within the meaning of section 7 of the
5
Equality Act 2009),”.
9
For section 11(3)(c) (interpretation) substitute—
“(c)
a reference to the equality and human rights enactments is a
reference to the Human Rights Act 1998, this Act and the
Equality Act 2009.”
10
10    (1)
Section 14 (codes of practice) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
The Commission may issue a code of practice in connection with any
matter addressed by the Equality Act 2009.”
      (3)
In subsection (2)(a) for “a provision or enactment listed in subsection (1)”
15
substitute “the Equality Act 2009 or an enactment made under that Act”.
      (4)
In subsection (3)—
(a)
in paragraph (a) for “section 49G(7) of the Disability Discrimination
Act 1995 (c. 50)” substitute “section 185(7) of the Equality Act 2009”,
and
20
(b)
for paragraph (c)(iv) substitute—
“(iv)
section 185 of the Equality Act 2009.”
      (5)
In subsection (5)(a) for “listed in subsection (1)” substitute “a matter
addressed by the Equality Act 2009”.
      (6)
In subsection (9) for “section 76A” to “duties)” substitute “section 145, 149 or
25
150 of the Equality Act 2009 (public sector equality duty)”.
11
In section 16(4) (inquiries: matters which the Commission may consider and
report on) for “equality enactments” substitute “Equality Act 2009”.
12
In section 21(2)(b) (unlawful act notice: specification of legislative provision)
for “equality enactments” substitute “Equality Act 2009”.
30
13
After section 24 insert—
“24A
Enforcement powers: supplemental
(1)
This section has effect in relation to—
(a)
an act which is unlawful because, by virtue of any of sections
13 to 18 of the Equality Act 2009, it amounts to a
35
contravention of any of Parts 3, 4, 5, 6 or 7 of that Act,
(b)
an act which is unlawful because, by virtue of section 104(1)
of that Act, it amounts to a contravention of any of Parts 3, 4,
5, 6 or 7 of that Act, or
(c)
the application of a provision, criterion or practice which, by
40
virtue of section 19 of that Act, amounts to a contravention of
that Act.

Equality Bill
Schedule 26 — Amendments
221

(2)
For the purposes of sections 20 to 24 of this Act it is immaterial
whether the Commission knows or suspects that a person has been
or may be affected by the unlawful act or application.
(3)
For those purposes, an unlawful act includes making arrangements
to act in a particular way which would, if applied to an individual,
5
amount to a contravention mentioned in subsection (1)(a).
(4)
Nothing in this Act affects the entitlement of a person to bring
proceedings under the Equality Act 2009 in respect of a
contravention mentioned in subsection (1).”
14
Omit section 25 (restraint of unlawful advertising etc.).
10
15
Omit section 26 (supplemental).
16    (1)
Section 27 (conciliation) is amended as follows.
      (2)
For subsection (1) (disputes in relation to which the Commission may make
arrangements for the provision of conciliation services) substitute—
“(1)
The Commission may make arrangements for the provision of
15
conciliation services for disputes in respect of which proceedings
have been or could be determined by virtue of section 110 of the
Equality Act 2009.”
17    (1)
Section 28 (legal assistance) is amended as follows.
      (2)
In subsection (1)—
20
(a)
in paragraph (a) for “equality enactments” substitute “Equality Act
2009”, and
(b)
in paragraph (b) for “the equality enactments” substitute “that Act”.
      (3)
In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50)
(public” substitute “Part 12 of the Equality Act 2009 (disabled persons:”.
25
      (4)
In subsection (6)—
(a)
for “the equality enactments”, on the first occasion it appears,
substitute “the Equality Act 2009”, and
(b)
for “the equality enactments”, on each other occasion it appears,
substitute “that Act”.
30
      (5)
In subsection (7)—
(a)
in paragraph (a) for “equality enactments” substitute “Equality Act
2009”, and
(b)
in paragraph (b) for “the equality enactments” substitute “that Act”.
      (6)
In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)”
35
substitute “Part 12 of the Equality Act 2009”.
      (7)
In subsection (9) for “equality enactments” substitute “Equality Act 2009”.
      (8)
In subsection (12)—
(a)
for “A reference in” to “includes a reference” substitute “This section
applies”, and
40
(b)
after paragraph (b) add “as it applies to the Equality Act 2009.”
18
For section 31(1) (duties in respect of which Commission may assess

Equality Bill
Schedule 26 — Amendments
222

compliance) substitute—
“(1)
The Commission may assess the extent to which or the manner in
which a person has complied with a duty under or by virtue of
section 145, 149 or 150 of the Equality Act 2009 (public sector equality
duty).”
5
19    (1)
Section 32 (public sector duties: compliance notice) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
This section applies where the Commission thinks that a person has
failed to comply with a duty under or by virtue of section 145, 149 or
150 of the Equality Act 2009 (public sector equality duty).”
10
      (3)
In subsection (4) for “section 76A” to “Disability Discrimination Act 1995”
substitute “section 145 of the Equality Act 2009”.
      (4)
In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995
(c. 50)” substitute “section 145 of the Equality Act 2009”.
      (5)
In subsection (9)(b) for “in any other case” substitute “where the notice
15
related to a duty by virtue of section 149 or 150 of that Act”.
      (6)
In subsection (11) for “section 76B” to “Disability Discrimination Act 1995”
substitute “section 149 or 150 of the Equality Act 2009”.
20
Omit section 33 (equality and human rights enactments).
21    (1)
Section 34 (meaning of unlawful) is amended as follows.
20
      (2)
In subsection (1) for “equality enactments” substitute “Equality Act 2009”.
      (3)
In subsection (2)—
(a)
after “virtue of” insert “any of the following provisions of the
Equality Act 2009”, and
(b)
for paragraphs (a) to (c) substitute—
25
“(a)
section 1 (public sector duty regarding socio-economic
inequalities),
(b)
section 145, 149 or 150 (public sector equality duty),
(c)
Part 12 (disabled persons: transport), or
(d)
section 185 (disability: improvements to let houses).”
30
22    (1)
Section 35 (general: definitions) is amended as follows.
      (2)
In the definition of “religion or belief”, for “Part 2 (as defined by section 44)”
substitute “section 10 of the Equality Act 2009”.
      (3)
For the definition of “sexual orientation” substitute—
““sexual orientation” has the same meaning as in section 12 of
35
the Equality Act 2009.”
23
In section 39(4) (orders subject to affirmative resolution procedure) for “,
27(10) or 33(3)” substitute “or 27(10)”.
24
Omit section 43 (transitional: rented housing in Scotland).
25
Omit Part 2 (discrimination on grounds of religion or belief).
40
26
Omit section 81 (regulations).

Equality Bill
Schedule 27 — Repeals and revocations
Part 1 — Repeals
223

27
Omit Part 4 (public functions).
28
In section 94(3) (extent: Northern Ireland)—
(a)
omit “and 41 to 56”, and
(b)
omit “and the Disability Discrimination Act 1995 (c. 50)”.
29    (1)
Schedule 1 (The Commission: constitution, etc.) is amended as follows.
5
      (2)
In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability
Discrimination Act 1995 (c. 50)” substitute “Parts 2, 3, 4, 6, 7, 12 and 13 of the
Equality Act 2009, in so far as they relate to disability”.
      (3)
In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)”
substitute “Part 5 of the Equality Act 2009”.
10
      (4)
In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995”
substitute “Part 5 of the Equality Act 2009”.
30
In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41
to 56.
Schedule 27
15
Section 200

Repeals and revocations
Part 1
Repeals

Short title
Extent of repeal

Equal Pay Act 1970
The whole Act.

20

Sex Discrimination Act 1975
The whole Act.

Race Relations Act 1976
The whole Act.

Sex Discrimination Act 1986
The whole Act.

Local Government Act 1988
Section 17(9).

Section 18.

25

Section 19(10).

Employment Act 1989
Sections 1 to 7.

Section 9.

Social Security Act 1989
In Schedule 5, paragraph 5.

Disability Discrimination Act
The whole Act.

30

1995

Pensions Act 1995
Sections 62 to 65.

Greater London Authority Act
Section 404.

1999

Sex Discrimination (Election
Section 1.

35

Candidates) Act 2002

Education (Additional Support
In section 17(1) “to exercise the functions which

for Learning) (Scotland) Act
are conferred on a Tribunal by virtue of this

2004
Act”.

Equality Bill
Schedule 27 — Repeals and revocations
Part 2 — Revocations
224

Short title
Extent of repeal

Equality Act 2006
Section 25.

Section 26.

Section 33.

Section 43.

5

Part 2.

Section 81.

Part 4.

In section 94(3) “and 41 to 56” and “and the

Disability Discrimination Act 1995 (c. 50)”.

10

In Schedule 3—

(a)
paragraphs 6 to 35;

(b)
paragraphs 41 to 56.

Part 2
Revocations
15

Title
Extent of revocation

Occupational Pension Schemes
The whole Regulations.

(Equal Treatment)

Regulations 1995 (S.I. 1995/

3183)

20

Employment Equality (Religion
The whole Regulations.

or Belief) Regulations 2003

(S.I. 2003/1660)

Employment Equality (Sexual
The whole Regulations.

Orientation) Regulations

25

2003 (S.I. 2003/1661)

Disability Discrimination Act
The whole Regulations.

1995 (Pensions) Regulations

2003 (S.I. 2003/2770)

Occupational Pension Schemes
The whole Regulations.

30

(Equal Treatment)

(Amendment) Regulations

2005 (S.I. 2005/1923)

Employment Equality (Age)
The whole Regulations (other than Schedules 6

Regulations 2006 (S.I. 2006/
and 8).

35

1031)

Equality Act (Sexual
The whole Regulations.

Orientation) Regulations

2007 (S.I. 2007/1263)

Sex Discrimination
The whole Regulations.

40

(Amendment of Legislation)

Regulations 2008 (S.I. 2008/

963)