|
| |
| |
(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 |
| |
| |
| |
| |
| 10 |
| |
| |
| |
(7) | A reference to conduct that is prohibited by or under this Act includes a |
| |
| 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 |
| |
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) | 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 |
| |
| 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 |
| |
| |
| |
|
| |
| |
(c) | add an entry to Part 3 relating to a person who is not a relevant Scottish |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| | | | | 20 | | | | | | | | | Section 147(1), so far as relating to a |
| | | | | | | | | | | | Section 147(1), so far as relating to a |
| | | | | | relevant Scottish authority |
| | | 25 | | | | | | | | | Section 147(5), so far as relating to a |
| | | | | | cross-border Welsh authority |
| | | | | | Section 147(5), so far as relating to a |
| | | | | | 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 |
| 35 |
(b) | consult the Commission. |
| |
| |
| |
|
| |
| |
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 |
| |
| 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 |
| |
(b) | must in making the regulations comply with the procedural |
| |
requirement specified in that column. |
| |
| |
| | | Person by whom regulations may be made and procedural |
| | 25 | | | | | | | | | | 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 | | | | 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 |
|
| |
| |
|
| |
| |
| | | Person by whom regulations may be made and procedural |
| | | | | | | | | | | | 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. |
| | | | | | 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 |
| | | | | | | | 10 | | | | The Minister of the Crown must consult the Welsh |
| | | | | | Ministers and the Scottish Ministers before making the |
| | | | | | | | | | | | 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. |
| | | | | | The regulations may be made by a Minister of the |
| | | | | | | | | | | | 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 |
| |
| |
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 |
| |
| |
(b) | the Welsh Ministers, where the regulations are made by the Welsh |
| |
| |
(c) | the Scottish Ministers, where the regulations are made by the Scottish |
| 35 |
| |
(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. |
| |
| 40 |
| |
| |
|
| |
| |
“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 |
| |
| |
(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. |
| |
| |
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. |
| |
| 20 |
(1) | This section applies for the purposes of this Chapter. |
| |
(2) | A relevant Welsh authority is a person (other than the Assembly Commission) |
| |
| |
(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 |
| |
(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 |
| |
| |
(6) | A relevant Scottish authority is a public body, public office or holder of a public |
| |
| |
(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. |
| |
| |
| |
|
| |
| |
(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. |
| |
| |
| |
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 |
| |
| 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 |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| 25 |
| |
Disabled persons: transport |
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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; |
| |
| |
| |
|
