Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education
58

(a)
in the arrangements it makes for deciding who is provided with the
facilities;
(b)
as to the terms on which it offers to provide the facilities to the person;
(c)
by not accepting the person’s application for provision of the facilities.
(5)
The responsible body in relation to such facilities must not victimise a person
5
who is provided with the facilities in the services it provides or offers to
provide.
(6)
A duty to make reasonable adjustments applies to the responsible body.
(7)
This section applies to—
(a)
facilities secured by a local authority in England under section 507A or
10
507B of the Education Act 1996 (c. 56);
(b)
facilities secured by a local authority in Wales under section 508 of that
Act;
(c)
recreational or training facilities provided by an education authority in
Scotland.
15
(8)
A responsible body is—
(a)
a local authority in England, for the purposes of subsection (7)(a);
(b)
a local authority in Wales, for the purposes of subsection (7)(b);
(c)
an education authority in Scotland, for the purposes of subsection
(7)(c).
20
(9)
This section does not apply to the protected characteristic of age, so far as
relating to persons who have not attained the age of 18.
91
Interpretation and exceptions
(1)
This section applies for the purposes of this Chapter.
(2)
Nothing in this Chapter applies to anything done in connection with the
25
content of the curriculum.
(3)
A reference to a student, in relation to an institution, is a reference to a person
for whom education is provided by the institution.
(4)
A reference to a university includes a reference to a university college and a
college, school or hall of a university.
30
(5)
A reference to an institution within the further or higher education sector is to
be construed in accordance with section 91 of the Further and Higher
Education Act 1992 (c. 13).
(6)
“Further education”—
(a)
in relation to England and Wales, has the meaning given in section 2 of
35
the Education Act 1996;
(b)
in relation to Scotland, has the meaning given in section 1(3) of the
Further and Higher Education (Scotland) Act 1992.
(7)
“Higher education”—
(a)
in relation to England and Wales, means education provided by means
40
of a course of a description mentioned in Schedule 6 to the Education
Reform Act 1988 (c. 40);
(b)
in relation to Scotland, has the meaning given in section 38 of the
Further and Higher Education (Scotland) Act 1992.

Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies
59

(8)
“College of further education” has the meaning given in section 36 of the
Further and Higher Education (Scotland) Act 1992.
(9)
“Designated institution” has the meaning given in section 44 of that Act.
(10)
“Local authority” means—
(a)
in relation to England, an English local authority within the meaning of
5
section 162 of the Education and Inspections Act 2006;
(b)
in relation to Wales, a Welsh local authority within the meaning of that
section.
(11)
“Education authority” has the meaning given by section 135(1) of the
Education (Scotland) Act 1980.
10
(12)
Schedule 12 (exceptions) has effect.
Chapter 3
General qualifications bodies
92
Application of this Chapter
This Chapter does not apply to the protected characteristic of marriage and
15
civil partnership.
93
Qualifications bodies
(1)
A qualifications body (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
20
(b)
as to the terms on which it is prepared to confer a relevant qualification
on B;
(c)
by not conferring a relevant qualification on B.
(2)
A qualifications body (A) must not discriminate against a person (B) upon
whom A has conferred a relevant qualification—
25
(a)
by withdrawing the qualification from B;
(b)
by varying the terms on which B holds the qualification;
(c)
by subjecting B to any other detriment.
(3)
A qualifications body must not, in relation to conferment by it of a relevant
qualification, harass—
30
(a)
a person who holds the qualification, or
(b)
a person who applies for it.
(4)
A qualifications body (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
35
(b)
as to the terms on which it is prepared to confer a relevant qualification
on B;
(c)
by not conferring a relevant qualification on B.
(5)
A qualifications body (A) must not victimise a person (B) upon whom A has
conferred a relevant qualification—
40
(a)
by withdrawing the qualification from B;

Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies
60

(b)
by varying the terms on which B holds the qualification;
(c)
by subjecting B to any other detriment.
(6)
A duty to make reasonable adjustments applies to a qualifications body.
(7)
Subsection (6) does not apply to the body in so far as the appropriate regulator
specifies provisions, criteria or practices in relation to which the body—
5
(a)
is not subject to a duty to make reasonable adjustments;
(b)
is subject to a duty to make reasonable adjustments, but in relation to
which such adjustments as the regulator specifies should not be made.
(8)
For the purposes of subsection (7) the appropriate regulator must have regard
to—
10
(a)
the desirability of minimising the extent to which disabled persons are
disadvantaged in attaining the qualification because of their
disabilities;
(b)
the need to secure that the qualification gives a reliable indication of the
knowledge, skills and understanding of a person upon whom it is
15
conferred;
(c)
the need to maintain public confidence in the qualification.
(9)
The appropriate regulator—
(a)
must not specify any matter for the purposes of subsection (7) unless it
has consulted such persons as it thinks appropriate;
20
(b)
must publish matters so specified (including the date from which they
are to have effect) in such manner as is prescribed.
(10)
The appropriate regulator is—
(a)
in relation to a qualifications body that confers qualifications in
England, a person prescribed by a Minister of the Crown;
25
(b)
in relation to a qualifications body that confers qualifications in Wales,
a person prescribed by the Welsh Ministers;
(c)
in relation to a qualifications body that confers qualifications in
Scotland, a person prescribed by the Scottish Ministers.
(11)
For the purposes of subsection (10), a qualification is conferred in a part of
30
Great Britain if there are, or may reasonably be expected to be, persons seeking
to obtain the qualification who are or will be assessed for those purposes
wholly or mainly in that part.
94
Interpretation
(1)
This section applies for the purposes of section 93.
35
(2)
A qualifications body is an authority or body which can confer a relevant
qualification.
(3)
A relevant qualification is an authorisation, qualification, approval or
certification of such description as may be prescribed—
(a)
in relation to conferments in England, by a Minister of the Crown;
40
(b)
in relation to conferments in Wales, by the Welsh Ministers;
(c)
in relation to conferments in Scotland, by the Scottish Ministers.
(4)
An authority or body is not a qualifications body in so far as—
(a)
it is the responsible body of a school to which section 82 applies;

Equality Bill
Part 7 — Associations
61

(b)
it is the governing body of an institution to which section 88 applies;
(c)
it exercises functions under the Education Acts;
(d)
it exercises functions under the Education (Scotland) Act 1980 (c. 44).
(5)
A qualifications body does not include an authority or body of such
description, or in such circumstances, as may be prescribed.
5
(6)
A reference to conferring a relevant qualification includes a reference—
(a)
to renewing or extending the conferment of a relevant qualification;
(b)
to authenticating a relevant qualification conferred by another person.
(7)
A reference in section 93(8), (10) or (11) to a qualification is a reference to a
relevant qualification.
10
(8)
Subsection (11) of section 93 applies for the purposes of subsection (3) of this
section as it applies for the purposes of subsection (10) of that section.
Chapter 4
Miscellaneous
95
Reasonable adjustments
15
Schedule 13 (reasonable adjustments) has effect.
96
Educational charities and endowments
Schedule 14 (educational charities and endowments) has effect.
Part 7
Associations
20
Preliminary
97
Application of this Part
(1)
This Part does not apply to the protected characteristic of marriage and civil
partnership.
(2)
This Part does not apply to discrimination, harassment or victimisation—
25
(a)
that is prohibited by Part 3 (services, etc.), Part 4 (premises), Part 5
(work) or Part 6 (education), or
(b)
that would be so prohibited but for an express exception.
Membership, etc.
98
Members and associates
30
(1)
An association (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to admit to
membership;
(b)
as to the terms on which A is prepared to admit B to membership;

Equality Bill
Part 7 — Associations
62

(c)
by not accepting B’s application for membership.
(2)
An association (A) must not discriminate against a member (B)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
facility or service;
(b)
by depriving B of membership;
5
(c)
by varying B’s terms of membership;
(d)
by subjecting B to any other detriment.
(3)
An association (A) must not discriminate against an associate (B)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
facility or service;
10
(b)
by depriving B of B’s rights as an associate;
(c)
by varying B’s rights as an associate;
(d)
by subjecting B to any other detriment.
(4)
An association must not harass—
(a)
a member;
15
(b)
a person seeking to become a member;
(c)
an associate.
(5)
An association (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to admit to
membership;
20
(b)
as to the terms on which A is prepared to admit B to membership;
(c)
by not accepting B’s application for membership.
(6)
An association (A) must not victimise a member (B)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
facility or service;
25
(b)
by depriving B of membership;
(c)
by varying B’s terms of membership;
(d)
by subjecting B to any other detriment.
(7)
An association (A) must not victimise an associate (B)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
30
facility or service;
(b)
by depriving B of B’s rights as an associate;
(c)
by varying B’s rights as an associate;
(d)
by subjecting B to any other detriment.
99
Guests
35
(1)
An association (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;
(b)
as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;
40
(c)
by not inviting B, or not permitting B to be invited, as a guest.
(2)
An association (A) must not discriminate against a guest (B) invited by A or
with A’s permission (whether express or implied)—

Equality Bill
Part 7 — Associations
63

(a)
in the way A affords B access, or by not affording B access, to a benefit,
facility or service;
(b)
by subjecting B to any other detriment.
(3)
An association must not harass—
(a)
a guest;
5
(b)
a person seeking to be a guest.
(4)
An association (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;
(b)
as to the terms on which A is prepared to invite B, or to permit B to be
10
invited, as a guest;
(c)
by not inviting B, or not permitting B to be invited, as a guest.
(5)
An association (A) must not victimise a guest (B) invited by A or with A’s
permission (whether express or implied)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
15
facility or service;
(b)
by subjecting B to any other detriment.
100
Sections 98 and 99: further provision
(1)
A duty to make reasonable adjustments applies to an association.
(2)
In the application of section 25 for the purposes of section 98(4) or 99(3), neither
20
of the following is a relevant protected characteristic—
(a)
religion or belief;
(b)
sexual orientation.
Special provision for political parties
101
Selection of candidates
25
(1)
This section applies to an association which is a registered political party.
(2)
A person does not contravene this Part only by acting in accordance with
selection arrangements.
(3)
Selection arrangements are arrangements—
(a)
which the party makes for regulating the selection of its candidates in a
30
relevant election, and
(b)
the purpose of which is to reduce inequality in the party’s
representation in the body concerned.
(4)
The reference in subsection (3)(b) to inequality in a party’s representation in a
body is a reference to inequality between—
35
(a)
the number of the party’s candidates elected to be members of the body
who share a protected characteristic, and
(b)
the number of the party’s candidates so elected who do not share that
characteristic.
(5)
For the purposes of subsection (4), persons share the protected characteristic of
40
disability if they are disabled persons (and section 6(3)(b) is accordingly to be
ignored).

Equality Bill
Part 7 — Associations
64

(6)
Selection arrangements do not include short-listing only such persons as have
a particular protected characteristic.
(7)
But subsection (6) does not apply to the protected characteristic of sex.
(8)
The following elections are relevant elections—
(a)
Parliamentary elections;
5
(b)
elections to the European Parliament;
(c)
elections to the Scottish Parliament;
(d)
elections to the National Assembly for Wales;
(e)
local government elections within the meaning of section 191, 203 or
204 of the Representation of the People Act 1983 (excluding elections
10
for the Mayor of London).
102
Time-limited provision
(1)
Section 101(7) is repealed at the end of 2030 unless an order is made under
subsection (2).
(2)
At any time before the end of 2030, a Minister of the Crown may by order
15
provide that subsection (1) is to have effect with the substitution of a later time
for that for the time being specified there.
(3)
In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of
that Act), in subsection (1) for “2015” substitute “2030”.
(4)
The substitution made by subsection (3) does not affect the power to substitute
20
a later time by order under section 3 of that Act.
Supplementary
103
Interpretation and exceptions
(1)
This section applies for the purposes of this Part.
(2)
An “association” is an association of persons—
25
(a)
which has at least 25 members, and
(b)
admission to membership of which is regulated by the association’s
rules and involves a process of selection.
(3)
A Minister of the Crown may by order amend subsection (2)(a) so as to
substitute a different number for that for the time being specified there.
30
(4)
It does not matter—
(a)
whether an association is incorporated;
(b)
whether its activities are carried on for profit.
(5)
Membership is membership of any description (other than membership that is
by reference to a protected characteristic); and a reference to a member is to be
35
construed accordingly.
(6)
A person is an “associate”, in relation to an association, if the person—
(a)
is not a member of the association, but
(b)
in accordance with the association’s rules, has some or all of the rights
as a member as a result of being a member of another association.
40