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Equality Bill


Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty

92

 

(b)   

promote understanding.

(5)   

Compliance with the duties in this section may involve treating some persons

more favourably than others; but that is not to be taken as permitting conduct

that would otherwise be prohibited by or under this Act.

(6)   

The relevant protected characteristics are—

5

age;

disability;

gender reassignment;

pregnancy and maternity;

race;

10

religion or belief;

sex;

sexual orientation.

(7)   

A reference to conduct that is prohibited by or under this Act includes a

reference to—

15

(a)   

a breach of an equality clause or rule.

(b)   

a breach of a non-discrimination rule;

(8)   

Schedule 18 (exceptions) has effect.

146     

Public authorities and public functions

(1)   

A public authority is a person who is specified in Schedule 19.

20

(2)   

In that Schedule—

Part 1 specifies public authorities generally;

Part 2 specifies relevant Welsh authorities;

Part 3 specifies relevant Scottish authorities.

(3)   

A public authority specified in Schedule 19 is subject to the duty imposed by

25

section 145(1) in relation to the exercise of all of its functions unless subsection

(4) applies.

(4)   

A public authority specified in that Schedule in respect of certain specified

functions is subject to that duty only in respect of the exercise of those

functions.

30

(5)   

A public function is a function that is a function of a public nature for the

purposes of the Human Rights Act 1998.

147     

Power to specify public authorities

(1)   

A Minister of the Crown may by order amend Part 1, 2 or 3 of Schedule 19.

(2)   

The Welsh Ministers may by order amend Part 2 of Schedule 19.

35

(3)   

The Scottish Ministers may by order amend Part 3 of Schedule 19.

(4)   

The power under subsection (1), (2) or (3) may not be exercised so as to—

(a)   

add an entry to Part 1 relating to a relevant Welsh or Scottish authority

or a cross-border Welsh or Scottish authority;

(b)   

add an entry to Part 2 relating to a person who is not a relevant Welsh

40

authority;

 
 

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty

93

 

(c)   

add an entry to Part 3 relating to a person who is not a relevant Scottish

authority.

(5)   

A Minister of the Crown may by order amend Schedule 19 so as to make

provision relating to a cross-border Welsh or Scottish authority.

(6)   

On the first exercise of the power under subsection (5) to add an entry relating

5

to a cross-border Welsh or Scottish authority to Schedule 19, a Minister of the

Crown must—

(a)   

add a Part 4 to the Schedule for cross-border authorities, and

(b)   

add the cross-border Welsh or Scottish authority to that Part.

(7)   

Any subsequent exercise of the power under subsection (5) to add an entry

10

relating to a cross-border Welsh or Scottish authority to Schedule 19 must add

that entry to Part 4 of the Schedule.

(8)   

An order may not be made under this section so as to extend the application of

section 145 unless the person making it considers that the extension relates to

a person by whom a public function is exercisable.

15

148     

Power to specify public authorities: consultation and consent

(1)   

Before making an order under a provision specified in the first column of the

Table, a Minister of the Crown must consult the person or persons specified in

the second column.

 

Provision

Consultees

 

20

 

Section 147(1)

The Commission

 
 

Section 147(1), so far as relating to a

The Welsh Ministers

 
 

relevant Welsh authority

  
 

Section 147(1), so far as relating to a

The Scottish Ministers

 
 

relevant Scottish authority

  

25

 

Section 147(5)

The Commission

 
 

Section 147(5), so far as relating to a

The Welsh Ministers

 
 

cross-border Welsh authority

  
 

Section 147(5), so far as relating to a

The Scottish Ministers

 
 

cross-border Scottish authority

  

30

(2)   

Before making an order under section 147(2), the Welsh Ministers must—

(a)   

obtain the consent of a Minister of the Crown, and

(b)   

consult the Commission.

(3)   

Before making an order under section 147(3), the Scottish Ministers must—

(a)   

obtain the consent of a Minister of the Crown, and

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(b)   

consult the Commission.

 
 

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty

94

 

149     

Power to impose specific duties

(1)   

A Minister of the Crown may by regulations impose duties on a public

authority specified in Part 1 of Schedule 19 for the purpose of enabling the

better performance by the authority of the duty imposed by section 145(1).

(2)   

The Welsh Ministers may by regulations impose duties on a public authority

5

specified in Part 2 of Schedule 19 for that purpose.

(3)   

The Scottish Ministers may by regulations impose duties on a public authority

specified in Part 3 of Schedule 19 for that purpose.

(4)   

Before making regulations under this section, the person making them must

consult the Commission.

10

150     

Power to impose specific duties: cross-border authorities

(1)   

If a Minister of the Crown exercises the power in section 147(5) to add an entry

for a public authority to Part 4 of Schedule 19, the Minister must include after

the entry a letter specified in the first column of the Table in subsection (3).

(2)   

Where a letter specified in the first column of the Table in subsection (3) is

15

included after an entry for a public authority in Part 4 of Schedule 19, the

person specified in the second column of the Table—

(a)   

may by regulations impose duties on the authority for the purpose of

enabling the better performance by the authority of the duty imposed

by section 145(1), subject to such limitations as are specified in that

20

column;

(b)   

must in making the regulations comply with the procedural

requirement specified in that column.

(3)   

This is the Table—

 

Letter

Person by whom regulations may be made and procedural

 

25

  

requirements

 
 

A

Regulations may be made by a Minister of the Crown in

 
  

relation to the authority’s functions that are not

 
  

devolved Welsh functions.

 
  

The Minister of the Crown must consult the Welsh

 

30

  

Ministers before making the regulations.

 
  

Regulations may be made by the Welsh Ministers in

 
  

relation to the authority’s devolved Welsh functions.

 
  

The Welsh Ministers must consult a Minister of the

 
  

Crown before making the regulations.

 

35

 

B

Regulations may be made by a Minister of the Crown in

 
  

relation to the authority’s functions that are not

 
  

devolved Scottish functions.

 
  

The Minister of the Crown must consult the Scottish

 
  

Ministers before making the regulations.

 

40

 
 

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty

95

 
 

Letter

Person by whom regulations may be made and procedural

 
  

requirements

 
  

Regulations may be made by the Scottish Ministers in

 
  

relation to the authority’s devolved Scottish functions.

 
  

The Scottish Ministers must consult a Minister of the

 

5

  

Crown before making the regulations.

 
 

C

Regulations may be made by a Minister of the Crown in

 
  

relation to the authority’s functions that are neither

 
  

devolved Welsh functions nor devolved Scottish

 
  

functions.

 

10

  

The Minister of the Crown must consult the Welsh

 
  

Ministers and the Scottish Ministers before making the

 
  

regulations.

 
  

Regulations may be made by the Welsh Ministers in

 
  

relation to the authority’s devolved Welsh functions.

 

15

  

The Welsh Ministers must consult a Minister of the

 
  

Crown before making the regulations.

 
  

Regulations may be made by the Scottish Ministers in

 
  

relation to the authority’s devolved Scottish functions.

 
  

The Scottish Ministers must consult a Minister of the

 

20

  

Crown before making the regulations.

 
 

D

The regulations may be made by a Minister of the

 
  

Crown.

 
  

The Minister of the Crown must consult the Welsh

 
  

Ministers before making the regulations.

 

25

 

(4)   

Before making regulations under subsection (2), the person making them must

consult the Commission.

151     

Power to impose specific duties: supplementary

(1)   

Regulations under section 149 or 150 may require a public authority to

consider such matters as may be specified from time to time by—

30

(a)   

a Minister of the Crown, where the regulations are made by a Minister

of the Crown;

(b)   

the Welsh Ministers, where the regulations are made by the Welsh

Ministers;

(c)   

the Scottish Ministers, where the regulations are made by the Scottish

35

Ministers.

(2)   

Regulations under section 149 or 150 may impose duties on a public authority

that is a contracting authority within the meaning of the Public Sector Directive

in connection with its public procurement functions.

(3)   

In subsection (2)—

40

 
 

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty

96

 

“public procurement functions” means functions the exercise of which is

regulated by the Public Sector Directive;

“the Public Sector Directive” means Directive 2004/18/EC of the

European Parliament and of the Council of 31 March 2004 on the

coordination of procedures for the award of public works contracts,

5

public supply contracts and public service contracts, as amended from

time to time.

(4)   

Subsections (1) and (2) do not affect the generality of section 149 or 150(2)(a).

(5)   

A duty imposed on a public authority under section 149 or 150 may be

modified or removed by regulations made by—

10

(a)   

a Minister of the Crown, where the original duty was imposed by

regulations made by a Minister of the Crown;

(b)   

the Welsh Ministers, where the original duty was imposed by

regulations made by the Welsh Ministers;

(c)   

the Scottish Ministers, where the original duty was imposed by

15

regulations made by the Scottish Ministers.

152     

Enforcement

A failure in respect of a performance of a duty imposed by or under this

Chapter does not confer a cause of action at private law.

153     

Interpretation

20

(1)   

This section applies for the purposes of this Chapter.

(2)   

A relevant Welsh authority is a person (other than the Assembly Commission)

whose functions—

(a)   

are exercisable only in or as regards Wales, and

(b)   

are wholly or mainly devolved Welsh functions.

25

(3)   

A cross-border Welsh authority is a person other than a relevant Welsh

authority (or the Assembly Commission) who has any function that—

(a)   

is exercisable in or as regards Wales, and

(b)   

is a devolved Welsh function.

(4)   

The Assembly Commission has the same meaning as in the Government of

30

Wales Act 2006.

(5)   

A function is a devolved Welsh function if it relates to—

(a)   

a matter in respect of which functions are exercisable by the Welsh

Ministers, the First Minister for Wales or the Counsel General to the

Welsh Assembly Government, or

35

(b)   

a matter within the legislative competence of the National Assembly for

Wales.

(6)   

A relevant Scottish authority is a public body, public office or holder of a public

office—

(a)   

which is not a cross-border Scottish authority or the Scottish

40

Parliamentary Corporate Body,

(b)   

whose functions are exercisable only in or as regards Scotland, and

(c)   

at least some of whose functions do not relate to reserved matters.

 
 

Equality Bill
Part 11 — Advancement of equality
Chapter 2 — Positive action

97

 

(7)   

A cross-border Scottish authority is a cross-border public authority within the

meaning given by section 88(5) of the Scotland Act 1998.

(8)   

A function is a devolved Scottish function if it—

(a)   

is exercisable in or as regards Scotland, and

(b)   

does not relate to reserved matters.

5

(9)   

Reserved matters has the same meaning as in the Scotland Act 1998.

Chapter 2

Positive action

154     

Positive action: general

(1)   

This section applies if a person (P) reasonably thinks that—

10

(a)   

persons who share a protected characteristic suffer a disadvantage

connected to the characteristic,

(b)   

persons who share a protected characteristic have needs that are

different from the needs of persons who do not share it, or

(c)   

participation in an activity by persons who share a protected

15

characteristic is disproportionately low.

(2)   

This Act does not prohibit P from taking any action which is a proportionate

means of achieving the aim of—

(a)   

enabling or encouraging persons who share the protected characteristic

to overcome or minimise that disadvantage,

20

(b)   

meeting those needs, or

(c)   

enabling or encouraging persons who share the protected characteristic

to participate in that activity.

(3)   

Regulations may specify action, or descriptions of action, to which subsection

(2) does not apply.

25

(4)   

This section does not apply to—

(a)   

action within section 155(3), or

(b)   

anything that is permitted by virtue of section 101.

(5)   

If section 101(7) is repealed by virtue of section 102, this section will not apply

to anything that would have been so permitted but for the repeal.

30

(6)   

This section does not enable P to do anything that is prohibited by or under an

enactment other than this Act.

155     

Positive action: recruitment and promotion

(1)   

This section applies if a person (P) reasonably thinks that—

(a)   

persons who share a protected characteristic suffer a disadvantage

35

connected to the characteristic, or

(b)   

participation in an activity by persons who share a protected

characteristic is disproportionately low.

(2)   

Part 5 (work) does not prohibit P from taking action within subsection (3) with

the aim of enabling or encouraging persons who share the protected

40

characteristic to—

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.

98

 

(a)   

overcome or minimise that disadvantage, or

(b)   

participate in that activity.

(3)   

That action is treating a person (A) more favourably  in connection with

recruitment or promotion than another person (B) because A has the protected

characteristic but B does not.

5

(4)   

But subsection (2) applies only if—

(a)   

A is as qualified as B to be recruited or promoted, and

(b)   

P does not have a policy of treating persons who share the protected

characteristic more favourably in connection with recruitment or

promotion than persons who do not share it.

10

(5)   

“Recruitment” means a process for deciding whether to—

(a)   

offer employment to a person,

(b)   

make contract work available to a contract worker,

(c)   

offer a person a position as a partner in a firm or proposed firm,

(d)   

offer a person a position as a member of an LLP or proposed LLP,

15

(e)   

offer a person a pupillage or tenancy in barristers’ chambers,

(f)   

take a person as an advocate’s devil or offer a person membership of an

advocate’s stable,

(g)   

offer a person an appointment to a personal office,

(h)   

offer a person an appointment to a public office, recommend a person

20

for such an appointment or approve a person’s appointment to a public

office, or

(i)   

offer a person a service for finding employment.

(6)   

This section does not enable P to do anything that is prohibited by or under an

enactment other than this Act.

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Part 12

Disabled persons: transport

Chapter 1

Taxis etc.

156     

Taxi accessibility regulations

30

(1)   

The Secretary of State may make regulations (in this Chapter referred to as

“taxi accessibility regulations”) for securing that it is possible for disabled

persons—

(a)   

to get into and out of taxis in safety;

(b)   

to do so while in wheelchairs;

35

(c)   

to travel in taxis in safety and reasonable comfort;

(d)   

to do so while in wheelchairs.

(2)   

The regulations may, in particular, require a regulated taxi to conform with

provision as to—

(a)   

the size of a door opening for the use of passengers;

40

(b)   

the floor area of the passenger compartment;

(c)   

the amount of headroom in the passenger compartment;

 
 

 
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