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| | Discrimination by association and perception |
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| To move the following Clause:— |
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| | ‘A person (A) discriminates against another (B) if A treats B less favourably than |
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| | A treats or would treat others because— |
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| | (a) | A perceives B to have a protected characteristic, or |
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| | (b) | B associates with a person (C) who has a protected characteristic.’. |
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| | Socio-economic inequalities (implementation of section 1) |
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| To move the following Clause:— |
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| | ‘The public sector duty regarding socio-economic inequalities shall not have |
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| | effect until a Minister of the Crown provides a definition of— |
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| | (a) | socio-economic inequality, and |
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| | (b) | socio-economic disadvantage, |
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| | and lays these definitions before Parliament.’. |
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| | Prohibited pre-employment inquiries |
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| To move the following Clause:— |
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| | ‘(1) | A person (A) subjects a disabled job applicant (B) to prohibited pre-employment |
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| | enquiries where A makes inquiries of B as to whether B is a disabled person or as |
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| | to the nature or severity of such disability. |
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| | (2) | Inquiries of a disabled person as to the existence, nature or severity of their |
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| | disability will not constitute prohibited pre-employment inquiries for the |
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| | purposes of this Act where— |
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| | (a) | the inquiry is for the purpose of determining whether an applicant |
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| | requires reasonable adjustments for the interview process and is stated as |
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| | (b) | the inquiry is made at the application stage for the purposes of monitoring |
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| | disabled applicants, where such inquiry is made in writing, is kept |
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| | separately from any application form, is anonymised, and is stated as |
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| | (c) | for the purposes of positive action in recruitment, such as offering the |
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| | guaranteed interview scheme, and is stated as being such an inquiry. |
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| | (3) | Any invitation to request reasonable adjustments or disclose a disability under |
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| | subsection (2)(a), (b) and (c) must specify the use that will be made of that |
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| | information and must state that there is no requirement to provide that |
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| | (4) | Information provided must only be used for the stated purpose. |
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| | (5) | Inquiries of a disabled person as to the existence, nature or severity of their |
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| | disability will not constitute prohibited pre-employment inquiries for the |
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| | purposes of this Act where the inquiry is necessary for the purposes of |
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| | determining whether an applicant can perform a specific employment-related |
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| | function, either with or without adjustments and is stated as being such an |
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| | Employees and applicants: prohibited pre-employment inquiries |
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| To move the following Clause:— |
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| | ‘An employer (A) must not subject a disabled job applicant (B) to prohibited |
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| | Private hire vehicle accessibility regulations |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may make regulations (in this section referred to as |
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| | “private hire vehicle accessibility regulations”) for securing that it is possible for |
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| | (a) | to get into and out of private hire vehicles in safety; |
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| | (b) | to do so while in wheelchairs; |
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| | (c) | to travel in private hire vehicles in safety and reasonable comfort; |
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| | (d) | to do so while in wheelchairs. |
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| | (2) | The regulations may, in particular, require a regulated private hire vehicle to |
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| | conform with provision as to— |
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| | (a) | the size of a door opening for the use of passengers; |
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| | (b) | the floor area of the passenger compartment; |
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| | (c) | the amount of headroom in the passenger compartment; |
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| | (d) | the fitting of restraining devices designed to ensure the stability of a |
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| | wheelchair while the private hire vehicle is moving. |
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| | (3) | The regulations may also— |
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| | (a) | require the driver of a regulated private hire vehicle which is plying for |
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| | hire, or which has been hired, to comply with provisions as to the |
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| | carrying of ramps or other devices designed to facilitate the loading and |
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| | unloading of wheelchairs; |
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| | (b) | require the driver of a regulated private hire vehicle in which a disabled |
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| | person is being carried while in a wheelchair to comply with provisions |
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| | as to the position in which the wheelchair is to be secured. |
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| | (4) | The driver of a regulated private hire vehicle which is plying for hire or has been |
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| | hired commits an offence— |
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| | (a) | by failing to comply with a requirement of the regulations, or |
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| | (b) | if the private hire vehicle fails to conform with any provision of the |
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| | regulations with which it is required to conform. |
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| | (5) | A person guilty of an offence under subsection (4) is liable, on summary |
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| | conviction, to a fine not exceeding level 3 on the standard scale. |
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| | “passenger compartment” has such meaning as is specified in private hire |
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| | vehicle accessibility regulations; |
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| | “regulated private hire vehicle” means a private hire vehicle to which |
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| | private hire vehicle accessibility regulations are expressed to apply.’. |
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| | Time off for workplace equality representatives |
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| To move the following Clause:— |
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| | ‘(1) | An employer shall permit an employee of his who is— |
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| | (a) | a member of an independent trade union recognised by the employer, and |
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| | (b) | a workplace equality representative of the trade union, |
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| | | to take reasonable time off during his working hours for any of the following |
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| | (a) | carrying out any of the following activities— |
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| | (i) | promoting equality workplace initiatives and practices; |
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| | (ii) | carrying out equality audits and assessments; |
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| | (iii) | being consulted on workplace equality policies, practices and |
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| | (b) | consulting the employer about carrying out any such activities; |
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| | (c) | preparing for any of the things mentioned in paragraphs (a) and (b). |
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| | (3) | Subsection (1) only applies if— |
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| | (a) | the trade union has given the employer notice in writing that the |
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| | employee is a workplace equality representative of the trade union, and |
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| | (b) | the training condition is met in relation to him. |
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| | (4) | The training condition is met if— |
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| | (a) | the employee has undergone sufficient training to enable him to carry on |
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| | the activities mentioned in subsection (2), and the trade union has given |
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| | the employer notice in writing of that fact, |
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| | (b) | the trade union has in the last six months given the employer notice in |
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| | writing that the employee will be undergoing such training, or |
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| | (c) | within six months of the trade union giving the employer notice in |
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| | writing that the employee will be undergoing such training, the employee |
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| | has done so, and the trade union has given the employer notice of that |
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| | (5) | Only one notice under subsection (4)(b) may be given in respect of any one |
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| | (6) | References in subsection (4) to sufficient training to carry out the activities |
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| | mentioned in subsection (2) are to training that is sufficient for those purposes |
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| | having regard to any relevant equality duty imposed by this Act or provision of a |
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| | Code of Practice issued by ACAS or the Secretary of State. |
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| | (7) | If an employer is required to permit an employee to take time off under subsection |
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| | (1), he shall also permit the employee to take time off during his working hours |
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| | for the following purposes— |
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| | (a) | undergoing training which is relevant to his functions as a workplace |
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| | equality representative, and |
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| | (b) | where the trade union has in the last six months given the employer notice |
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| | under subsection (4)(b) in relation to the employee, undergoing such |
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| | training as is mentioned in subsection (4)(a). |
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| | (8) | The amount of time off which an employee is to be permitted to take under this |
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| | section and the purposes for which, the occasions on which and any conditions |
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| | subject to which time off may be so taken are those that are reasonable in all the |
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| | circumstances having regard to any relevant equality duty imposed by this Act or |
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| | provision of a Code of Practice issued by ACAS or the Secretary of State. |
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| | (9) | An employee may present a complaint to an employment tribunal that his |
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| | employer has failed to permit him to take time off as required by this section. |
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| | (10) | References in subsection (2) to equality audits and assessments are to equality |
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| | audits and assessments that are sufficient for those purposes having regard to the |
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| | relevant equality duty imposed by this Act or provision of a Code of Practice |
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| | issued by ACAS or the Secretary of State. |
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| | (11) | In subsection (2)(a), the reference to qualifying members of the trade union is to |
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| | members of the trade union— |
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| | (a) | who are employees of the employer of a description in respect of which |
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| | the union is recognised by the employer, and |
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| | (b) | in relation to whom it is the function of the workplace equality |
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| | representative to act as such. |
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| | (12) | For the purposes of this section, a person is a workplace equality representative |
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| | of a trade union if he is appointed or elected as such in accordance with its rules. |
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| | (13) | In this section “trade union” has the meaning given in section 5 of the Trade |
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| | Union and Labour Relations (Consolidation) Act 1992.’. |
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| | Application of the National Minimum Wage |
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| To move the following Clause:— |
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| | ‘In the National Minimum Wage Act 1998 (c. 39) for section 40 (mariners) there |
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| | For the purposes of this Act, an individual employed to work on board a |
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| | (a) | is registered in the United Kingdom under Part II of the Merchant |
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| | Shipping Act 1995 (c. 21) (and that individual is ordinarily |
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| | resident in the United Kingdom); or |
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| | (b) | is trading solely between United Kingdom ports, anchorages, |
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| | roadsteads or offshore installations, |
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| | shall be treated as an individual who under his contract ordinarily works |
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| | in the United Kingdom unless that employment is wholly outside the |
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| | United Kingdom; and related expressions shall be construed |
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| | Equal pay audit following contravention by employer |
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| To move the following Clause:— |
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| | ‘(1) | In the event that a court or employment tribunal finds that an employer has |
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| | contravened a term modified or included by an equality clause, the employer shall |
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| | be required to undertake an audit, to be known as an equal pay audit, and to make |
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| | the results of the audit available in the prescribed manner. |
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| | (2) | In this section “prescribed” means prescribed in regulations made by the |
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| | Crown employment: removal of existing nationality requirements |
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| To move the following Clause:— |
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| | ‘(1) | Section 3 of the Act of Settlement (which, subject to exceptions, prevents persons |
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| | born outside the United Kingdom from holding certain offices) does not prevent |
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| | any person from being employed or holding office in a civil capacity under the |
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| | (2) | In the Aliens Restriction (Amendment) Act 1919 (c. 92), omit section 6 (which, |
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| | subject to exceptions, prevents the appointment of aliens to posts in the Civil |
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| | Crown employment: power to impose new nationality requirements |
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| To move the following Clause:— |
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| | ‘(1) | Rules may be made imposing requirements as to nationality which must be |
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| | satisfied by a person employed or holding office in a civil capacity under the |
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| | Crown in a reserved post. |
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| | (2) | A post is a reserved post if— |
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| | (a) | it is a post in any of the security and intelligence services, or |
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| | (b) | it is within subsection (3) or (4), and a Minister of the Crown has |
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| | determined that it is necessary for requirements as to nationality to be |
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| | satisfied in relation to the post. |
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| | (3) | The posts within this subsection are— |
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| | (a) | posts in Her Majesty’s Diplomatic Service and posts in the Foreign and |
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| | (b) | posts in the Defence Intelligence Staff. |
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| | (4) | The posts within this subsection are posts whose functions are concerned with— |
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| | (a) | access to intelligence information received directly or indirectly from |
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| | any of the security and intelligence services, |
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| | (b) | access to other information which, if disclosed without authority or |
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| | otherwise misused, might damage the interests of national security, |
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| | (c) | access to other information which, if disclosed without authority or |
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| | otherwise misused, might be prejudicial to the interests of the United |
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| | Kingdom or the safety of its citizens, or |
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| | (d) | border control or decisions about immigration. |
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| | (5) | A determination under subsection (2)(b) may relate to a particular post or posts, |
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| | or to posts falling within a description specified in the determination. |
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| | (6) | In this section “the security and intelligence services” means— |
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| | (a) | the Security Service, |
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| | (b) | the Secret Intelligence Service, and |
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| | (c) | the Government Communications Headquarters. |
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| | (a) | impose requirements as to nationality which must be satisfied in the case |
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| | of persons connected with a person who must satisfy requirements |
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| | imposed under subsection (1), and |
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| | (b) | provide that any requirement imposed under paragraph (a) may be treated |
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| | as satisfied if a connected person has or had substantial ties with the |
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| | (8) | For the purposes of this section the following are connected with a person— |
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| | (a) | any parent or deceased parent of the person, |
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| | (b) | any spouse or civil partner of the person, |
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| | (c) | any person living together with the person as if they were spouses or civil |
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| | (d) | any parent of a person within paragraph (b) or (c). |
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| | (9) | The rules are to be made by a Minister of the Crown. |
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| | (10) | The rules may include provision— |
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| | (a) | exempting persons of a description specified in the rules (and persons |
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| | connected with them) who were first employed, or first held office, in the |
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| | post in question before a specified date, and |
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| | (b) | allowing the granting of exemptions by the appropriate person. |
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| | (11) | In subsection (10)(b) “the appropriate person” means— |
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| | (a) | in the case of posts in the Security Service, the Director-General of the |
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| | Security Service or a person nominated by the Director-General of the |
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| | (b) | in the case of posts in the Secret Intelligence Service, the Chief of the |
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| | Secret Intelligence Service or a person nominated by the Chief of the |
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| | Secret Intelligence Service, |
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| | (c) | in the case of posts in the Government Communications Headquarters, |
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| | the Director of the Government Communications Headquarters or a |
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| | person nominated by the Director of the Government Communications |
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| | (d) | otherwise, a Minister of the Crown. |
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| | (a) | section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to |
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| | nationality etc. of persons employed in service of Crown), and |
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| | (b) | Article 71(5)(b) of the Race Relations (Northern Ireland) Order 1997 |
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| | (S.I. 1997/869 (N.I. 6)) (corresponding provision for Northern Ireland), |
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| | | to the implementation of rules include the grant of (or refusal to grant) |
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| | exemptions under subsection (10)(b). |
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| | (13) | The power of a Minister of the Crown to make rules under this section is |
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| | exercisable by statutory instrument. |
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| | (14) | A statutory instrument containing rules under this section is subject to annulment |
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| | in pursuance of a resolution of either House of Parliament. |
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| | (15) | Nothing in this section limits any power to impose a requirement which is not a |
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| | requirement as to nationality even if the ability of a person to satisfy the |
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| | requirement may be affected by the nationality of the person or any other |
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