House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill


Equality Bill
Part 8 — Prohibited conduct: ancillary

65

 

(7)   

A reference to a registered political party is a reference to a party registered in

the Great Britain register under Part 2 of the Political Parties, Elections and

Referendums Act 2000.

(8)   

Schedule 15 (reasonable adjustments) has effect.

(9)   

Schedule 16 (exceptions) has effect.

5

Part 8

Prohibited conduct: ancillary

104     

Relationships that have ended

(1)   

A person (A) must not discriminate against another (B) if—

(a)   

the discrimination arises out of and is closely connected to a

10

relationship which used to exist between them, and

(b)   

conduct of a description constituting the discrimination would, if it

occurred during the relationship, contravene this Act.

(2)   

A person (A) must not harass another (B) if—

(a)   

the harassment arises out of and is closely connected to a relationship

15

which used to exist between them, and

(b)   

conduct of a description constituting the harassment would, if it

occurred during the relationship, contravene this Act.

(3)   

It does not matter whether the relationship ends before or after the

commencement of this section.

20

(4)   

A duty to make reasonable adjustments applies to A in so far as B continues to

be placed at a substantial disadvantage as mentioned in section 20.

(5)   

For the purposes of subsection (4), sections 20, 21 and 22 and the applicable

Schedules are to be construed as if the relationship had not ended.

(6)   

For the purposes of Part 9 (enforcement), a contravention of this section relates

25

to the Part of this Act that would have been contravened if the relationship had

not ended.

(7)   

But conduct is not a contravention of this section in so far as it also amounts to

victimisation of B by A.

105     

Liability of employers and principals

30

(1)   

Anything done by a person (A) in the course of A’s employment must be

treated as also done by the employer.

(2)   

Anything done by an agent for a principal, with the authority of the principal,

must be treated as also done by the principal.

(3)   

It does not matter whether the thing is done with the employer’s or principal’s

35

knowledge or approval.

(4)   

In proceedings against A’s employer (B) in respect of anything alleged to have

been done by A in the course of A’s employment it is a defence for B to show

that B took all reasonable steps to prevent A—

(a)   

from doing the thing, or

40

 
 

Equality Bill
Part 8 — Prohibited conduct: ancillary

66

 

(b)   

from doing anything of that description.

(5)   

This section does not apply to offences under this Act (other than offences

under Part 12 (disabled persons: transport)).

106     

Liability of employees and agents

(1)   

A person (A) contravenes this section if—

5

(a)   

A is an employee or agent,

(b)   

A does a thing which, by virtue of section 105(1) or (2), is treated as

having been done by A’s employer or principal (as the case may be),

and

(c)   

the doing of the thing by A amounts to a contravention of this Act by

10

the employer or principal (as the case may be).

(2)   

It does not matter whether, in any proceedings, the employer is found not to

have contravened this Act by virtue of section 105(4).

(3)   

A does not contravene this section if—

(a)   

A relies on a statement by the employer or principal that doing the

15

thing is not a contravention of this Act, and

(b)   

it is reasonable for A to do so.

(4)   

A person (B) commits an offence if B knowingly or recklessly makes a

statement mentioned in subsection (3)(a) which is false or misleading in a

material respect.

20

(5)   

A person guilty of an offence under subsection (4) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(6)   

Part 9 (enforcement) applies to a contravention of this section by A as if it were

the contravention mentioned in subsection (1)(c).

(7)   

The reference in subsection (1)(c) to a contravention of this Act does not include

25

a reference to disability discrimination in contravention of Chapter 1 of Part 6

(schools).

107     

Instructing, causing or inducing discrimination

(1)   

A person (A) must not instruct another (B) to do in relation to a third person

(C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 104(1) or (2) or

30

108(1) (a basic contravention).

(2)   

A person (A) must not cause another (B) to do in relation to a third person (C)

anything which is a basic contravention.

(3)   

A person (A) must not induce another (B) to do in relation to a third person (C)

anything which is a basic contravention.

35

(4)   

For the purposes of subsection (3), inducement may be direct or indirect.

(5)   

Proceedings for a contravention of this section may be brought—

(a)   

by B, if B is subjected to a detriment as a result of A’s conduct;

(b)   

by C, if C is subjected to a detriment as a result of A’s conduct;

(c)   

by the Commission.

40

(6)   

For the purposes of subsection (5), it does not matter whether—

 
 

Equality Bill
Part 9 — Enforcement
Chapter 1 — Introductory

67

 

(a)   

the basic contravention occurs;

(b)   

any other proceedings are, or may be, brought in relation to A’s

conduct.

(7)   

This section does not apply unless the relationship between A and B is such

that A is in a position to commit a basic contravention in relation to B.

5

(8)   

A reference in this section to causing or inducing a person to do a thing

includes a reference to attempting to cause or induce the person to do the thing.

(9)   

For the purposes of Part 9 (enforcement), a contravention of this section is to be

treated as relating—

(a)   

in a case within subsection (5)(a), to the Part of this Act which, because

10

of the relationship between A and B, A is in a position to contravene in

relation to B;

(b)   

in a case within subsection (5)(b), to the Part of this Act which, because

of the relationship between B and C, B is in a position to contravene in

relation to C.

15

108     

Aiding contraventions

(1)   

A person (A) must not knowingly help another (B) to do anything which

contravenes Part 3, 4, 5, 6 or 7 or section 104(1) or (2) or 107 (a basic

contravention).

(2)   

It is not a contravention of subsection (1) if—

20

(a)   

A relies on a statement by B that the act for which the help is given does

not contravene this Act, and

(b)   

it is reasonable for A to do so.

(3)   

B commits an offence if B knowingly or recklessly makes a statement

mentioned in subsection (2)(a) which is false or misleading in a material

25

respect.

(4)   

A person guilty of an offence under subsection (3) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(5)   

For the purposes of Part 9 (enforcement), a contravention of this section is to be

treated as relating to the provision of this Act to which the basic contravention

30

relates.

(6)   

The reference in subsection (1) to a basic contravention does not include a

reference to disability discrimination in contravention of Chapter 1 of Part 6

(schools).

Part 9

35

Enforcement

Chapter 1

Introductory

109     

Proceedings

(1)   

Proceedings relating to a contravention of this Act must be brought in

40

accordance with this Part.

 
 

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts

68

 

(2)   

Subsection (1) does not apply to proceedings under Part 1 of the Equality Act

2006 (c. 3).

(3)   

Subsection (1) does not prevent—

(a)   

a claim for judicial review;

(b)   

proceedings under the Immigration Acts;

5

(c)   

proceedings under the Special Immigration Appeals Commission Act

1997 (c. 68);

(d)   

in Scotland, an application to the supervisory jurisdiction of the Court

of Session.

(4)   

This section is subject to any express provision of this Act conferring

10

jurisdiction on a court or tribunal.

(5)   

The reference to a contravention of this Act includes a reference to a breach of

an equality clause or rule.

(6)   

Chapters 2 and 3 do not apply to proceedings relating to an equality clause or

rule except in so far as Chapter 4 provides for that.

15

(7)   

This section does not apply to—

(a)   

proceedings for an offence under this Act;

(b)   

proceedings relating to a penalty under Part 12 (disabled persons:

transport).

Chapter 2

20

Civil courts

110     

Jurisdiction

(1)   

A county court or, in Scotland, the sheriff has jurisdiction to determine a claim

relating to—

(a)   

a contravention of Part 3 (services and public functions);

25

(b)   

a contravention of Part 4 (premises);

(c)   

a contravention of Part 6 (education);

(d)   

a contravention of Part 7 (associations);

(e)   

a contravention of section 104, 107 or 108 that relates to Part 3, 4, 6 or 7.

(2)   

Subsection (1)(a) does not apply to a claim within section 111.

30

(3)   

Subsection (1)(c) does not apply to a claim within section 112.

(4)   

For the purposes of proceedings on a claim within subsection (1)(a)—

(a)   

a decision in proceedings on a claim mentioned in section 111(1) that an

act is a contravention of Part 3 is binding;

(b)   

it does not matter whether the act occurs outside the United Kingdom.

35

(5)   

The county court or sheriff—

(a)   

must not grant an interim injunction or interdict unless satisfied that no

criminal matter would be prejudiced by doing so;

(b)   

must grant an application to stay or sist proceedings under subsection

(1) on grounds of prejudice to a criminal matter unless satisfied the

40

matter will not be prejudiced.

 
 

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts

69

 

(6)   

In proceedings in England and Wales on a claim within subsection (1), the

power under section 63(1) of the County Courts Act 1984 (c. 28) (appointment

of assessors) must be exercised unless the judge is satisfied that there are good

reasons for not doing so.

(7)   

In proceedings in Scotland on a claim within subsection (1), the power under

5

rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of

assessors) must be exercised unless the sheriff is satisfied that there are good

reasons for not doing so.

(8)   

The remuneration of an assessor appointed by virtue of subsection (7) is to be

at a rate determined by the Lord President of the Court of Session.

10

111     

Immigration cases

(1)   

A claim is within this section if it relates to the act of an immigration authority

in taking a relevant decision and—

(a)   

the question whether the act is a contravention of Part 3 has been or

could be raised on an appeal which is pending, or could be brought,

15

under the immigration provisions, or

(b)   

it has been decided on an appeal under those provisions that the act is

not a contravention of Part 3.

(2)   

The relevant decision is not—

(a)   

subject to challenge in proceedings on a claim within section 110(1)(a),

20

or

(b)   

affected by the decision of a court in such proceedings.

(3)   

For the purposes of subsection (1)(a) a power to grant permission to appeal out

of time must be ignored.

(4)   

Each of the following is an immigration authority—

25

(a)   

the Secretary of State;

(b)   

an immigration officer;

(c)   

a person responsible for the grant or refusal of entry clearance (within

the meaning of section 33(1) of the Immigration Act 1971 (c. 77)).

(5)   

The immigration provisions are—

30

(a)   

the Special Immigration Appeals Commission Act 1997 (c. 68), or

(b)   

Part 5 of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(6)   

A relevant decision is—

(a)   

a decision under the Immigration Acts relating to the entitlement of a

person to enter or remain in the United Kingdom;

35

(b)   

a decision on an appeal under the immigration provisions relating to a

decision within paragraph (a).

(7)   

An appeal is pending if it is pending for the purposes of section 104 of the

Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the

purposes of that section as it is applied by section 2(2)(j) of the Special

40

Immigration Appeals Commission Act 1997.

112     

Education cases

(1)   

A claim is within this section if it may be made to—

 
 

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts

70

 

(a)   

the First-tier Tribunal in accordance with Part 2 of Schedule 17,

(b)   

the Special Educational Needs Tribunal for Wales in accordance with

Part 2 of that Schedule, or

(c)   

an Additional Support Needs Tribunal for Scotland in accordance with

Part 3 of that Schedule.

5

(2)   

A claim is also within this section if it must be made in accordance with appeal

arrangements within the meaning of Part 4 of that Schedule.

(3)   

Schedule 17 (disabled pupils: enforcement) has effect.

113     

National security

(1)   

Rules of court may, in relation to proceedings on a claim within section 110,

10

confer power as mentioned in subsections (2) to (4); but a power so conferred

is exercisable only if the court thinks it expedient to do so in the interests of

national security.

(2)   

The rules may confer power to exclude from all or part of the proceedings—

(a)   

the claimant or pursuer;

15

(b)   

a representative of the claimant or pursuer;

(c)   

an assessor.

(3)   

The rules may confer power to permit a claimant, pursuer or representative

who has been excluded to make a statement to the court before the

commencement of the proceedings, or part of the proceedings, to which the

20

exclusion relates.

(4)   

The rules may confer power to take steps to keep secret all or part of the

reasons for the court’s decision.

(5)   

The Attorney General or, in Scotland, the Advocate General for Scotland may

appoint a person to represent the interests of a claimant or pursuer in, or in any

25

part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b)

relates.

(6)   

A person (P) may be appointed under subsection (5) only if—

(a)   

in relation to proceedings in England and Wales, P is a person who, for

the purposes of the Legal Services Act 2007, is an authorised person in

30

relation to an activity which constitutes the exercise of a right of

audience or the conduct of litigation;

(b)   

in relation to proceedings in Scotland, P is an advocate or qualified to

practice as a solicitor in Scotland.

(7)   

P is not responsible to the person whose interests P is appointed to represent.

35

114     

Time limits

(1)   

Proceedings on a claim within section 110 may not be brought after the end

of—

(a)   

the period of 6 months starting with the date of the act to which the

claim relates, or

40

(b)   

such other period as the county court or sheriff thinks just and

equitable.

 
 

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts

71

 

(2)   

If subsection (3) or (4) applies, subsection (1)(a) has effect as if for “6 months”

there were substituted “9 months”.

(3)   

This subsection applies if—

(a)   

the claim relates to the act of a qualifying institution, and

(b)   

a complaint relating to the act is referred under the student complaints

5

scheme before the end of the period of 6 months starting with the date

of the act.

(4)   

This subsection applies if—

(a)   

the claim relates to a dispute referred for conciliation in pursuance of

arrangements under section 27 of the Equality Act 2006 (c. 3), and

10

(b)   

subsection (3) does not apply.

(5)   

If it has been decided under the immigration provisions that the act of an

immigration authority in taking a relevant decision is a contravention of Part 3

(services and public functions), subsection (1) has effect as if for paragraph (a)

there were substituted—

15

“(a)   

the period of 6 months starting with the day after the expiry of

the period during which, as a result of section 110(2),

proceedings could not be brought in reliance on section

110(1)(a);”.

(6)   

For the purposes of this section—

20

(a)   

conduct extending over a period is to be treated as done at the end of

the period;

(b)   

failure to do a thing is to be treated as occurring when the person in

question decided on it.

(7)   

In the absence of evidence to the contrary, a person (P) is to be taken to decide

25

on failure to do a thing—

(a)   

when P does an act inconsistent with doing the thing, or

(b)   

if P does no inconsistent act, on the expiry of the period in which P

might reasonably have been expected to do the thing.

(8)   

In this section—

30

“immigration authority”, “immigration provisions” and “relevant

decision” each have the meaning given in section 111;

“qualifying institution” has the meaning given by section 11 of the Higher

Education Act 2004 (c. 8);

“the student complaints scheme” means a scheme for the review of

35

qualifying complaints (within the meaning of section 12 of that Act)

that is provided by the designated operator (within the meaning of

section 13(5)(b) of that Act).

115     

Remedies

(1)   

This section applies if a county court or the sheriff finds that there has been a

40

contravention of a provision referred to in section 110(1).

(2)   

The county court has power to grant any remedy which could be granted by

the High Court—

(a)   

in proceedings in tort;

(b)   

on a claim for judicial review.

45

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 8 July 2009