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| | Page 2, line 30 [Clause 1], leave out subsection (6). |
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| | Page 3, line 5 [Clause 2], leave out from ‘The’ to first ‘authority’ in line 15 and |
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| | insert ‘Scottish Ministers or the Welsh Ministers may by regulations amend section 1— |
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| | | (a) | to add a relevant authority to the authorities that are subject to the duty |
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| | | under subsection (1) of that section; |
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| | | (b) | to remove a relevant authority from those that are subject to the duty; |
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| | | (c) | to make the duty apply, in the case of a particular relevant authority, only |
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| | | in relation to certain functions that it has; |
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| | | (d) | in the case of a relevant authority to which the application of the duty is |
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| | | already restricted to certain functions, to remove or alter the restriction. |
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| | | (4A) | For the purposes of the power conferred by subsection (4) on the Scottish |
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| | | Ministers, “relevant authority” means an authority whose functions— |
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| | | (a) | are exercisable only in or as regards Scotland, |
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| | | (b) | are wholly or mainly devolved Scottish functions, and |
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| | | (c) | correspond or are similar to those of an authority for the time being |
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| | | specified in section 1(3). |
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| | | (4B) | For the purposes of the power conferred by subsection (4) on the Welsh |
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| | Page 3, line 22, leave out subsection (6) and insert— |
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| | | ‘(6) | Before making regulations under this section, the Scottish Ministers or the Welsh |
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| | | Ministers must consult a Minister of the Crown.’. |
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| | Page 3, line 26 [Clause 2], at end insert— |
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| | | ‘(7A) | Provision made by the Scottish Ministers or the Welsh Ministers in reliance on |
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| | | subsection (7) may, in particular, amend section 1— |
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| | | (a) | to confer on the Ministers a power to issue guidance; |
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| | | (b) | to require a relevant authority to take into account any guidance issued |
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| | | under a power conferred by virtue of paragraph (a); |
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| | | (c) | to disapply section 1(2) in consequence of the imposition of a |
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| | | requirement by virtue of paragraph (b). |
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| | | (7B) | Before issuing guidance under a power conferred by virtue of subsection (7A)(a), |
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| | | (a) | take into account any guidance issued by a Minister of the Crown under |
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| | | (b) | consult a Minister of the Crown.’. |
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| | Page 4, line 9 [Clause 4], leave out ‘reassignment’ and insert ‘identity’. |
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| | Page 4, line 15 [Clause 4], at end insert—
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| | Page 4, line 15 [Clause 4], at end insert—
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| | ‘being a Scottish Gypsy Traveller.’. |
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| | Page 4, line 15 [Clause 4], at end insert— |
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| | Page 5, line 7, leave out Clause 7. |
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| | Page 6, line 31 [Clause 13], leave out ‘because of’ and insert ‘on grounds of’. |
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| | Page 6, line 36 [Clause 13], leave out subsection (3) and insert— |
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| | | ‘(3) | If the protected characteristic is disability, nothing in this section shall be taken |
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| | | to prohibit more favourable treatment of a disabled person on the grounds of a |
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| | | disabled person’s disability.’. |
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| | Page 6, line 36 [Clause 13], leave out from ‘disability,’ to end of line 2 on page 7 |
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| | and insert ‘and B is not a disabled person, A does not discriminate against B only because |
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| | A treats or would treat disabled persons more favourably than A treats B.’. |
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| | Page 7, line 6 [Clause 13], after ‘race’, insert ‘or caste’. |
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| | Page 7, line 8 [Clause 13], leave out subsection (6). |
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| | Page 7, line 11 [Clause 13], leave out paragraph (a). |
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| | Page 7, line 23 [Clause 14], at end insert— |
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| | Page 7, line 29 [Clause 14], at end insert— |
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| | Page 7, line 30 [Clause 14], leave out subsections (3) to (9) and insert— |
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| | | ‘( ) | For the purposes of establishing a contravention of this Act by virtue of |
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| | | subsection (1), B need not show that A’s treatment of B is direct discrimination |
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| | | because of each of the characteristics in the combination (taken separately). |
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| | | ( ) | But B cannot establish a contravention of this Act by virtue of subsection (1) if, |
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| | | in reliance on another provision of this Act or any other enactment, A shows that |
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| | | A’s treatment of B is not direct discrimination because of either or both of the |
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| | | characteristics in the combination. |
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| | | ( ) | Subsection (1) does not apply to a combination of characteristics that includes |
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| | | disability in circumstances where, if a claim of direct discrimination because of |
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| | | disability were to be brought, it would come within section 112 (special |
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| | | ( ) | A Minister of the Crown may by order amend this section so as to— |
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| | | (a) | make further provision about circumstances in which B can, or in which |
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| | | B cannot, establish a contravention of this Act by virtue of subsection (1); |
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| | | (b) | specify other circumstances in which subsection (1) does not apply. |
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| | | ( ) | The references to direct discrimination are to a contravention of this Act by virtue |
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| | Page 8 [Clause 15], leave out lines 15 to 18 and insert— |
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| | | ‘(a) | A treats B in a particular way for a reason arising from B’s disability, |
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| | | (b) | the treatment amounts to a detriment, and |
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| | | (c) | A cannot show that the treatment is a proportionate means of achieving a |
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| | | (1A) | For the purposes of this section, A treats B in a particular way for a reason arising |
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| | | (a) | A treats B in that way for a reason arising from B’s disability (but not by |
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| | | reason of B’s disability itself); or |
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| | | (b) | A treats B in that way for a reason arising from a manifestation of or |
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| | | behaviour connected with B’s disability (but not by reason of B’s |
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| | | (1B) | For the purposes of subsection (1), A treats B in a particular way for a reason |
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| | | arising from B’s disability even if A treats or would treat another person without |
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| | | a disability in the same way as B where that other person’s circumstances are |
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| | | otherwise the same as those of A. |
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| | | (1C) | For the purposes of this section, the circumstances in which A shall be taken to |
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| | | be reasonably expected to know about B’s disability include where A has failed |
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| | | to ask B if he has a disability.’. |
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| | Page 8, line 15 [Clause 15], leave out from ‘B’ to ‘, and’ in line 16 and insert |
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| | ‘unfavourably because of something arising in consequence of B’s disability’. |
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| | Page 8, line 21 [Clause 15], leave out subsection (3). |
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| | Page 8, line 25 [Clause 16], leave out ‘reassignment’ and insert ‘identity’. |
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| | Page 8, line 32 [Clause 16], leave out subsection (3). |
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| | Page 8, line 34 [Clause 16], leave out ‘7(1)’ and insert ‘[Gender identity] (1)(a)’. |
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| | Page 10, line 1, leave out Clause 19. |
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| | Page 10, line 16 [Clause 19], at end insert— |
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| | Page 11, line 29 [Clause 21], leave out ‘otherwise actionable’ and insert |
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| | ‘actionable by virtue of another provision of this Act or otherwise’. |
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| | Page 12, line 12 [Clause 23], after ‘13,’ insert ‘14,’. |
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| | Page 12, line 12 [Clause 23], leave out ‘19 or 20’ and insert ‘or 19’. |
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| | Page 12, line 14 [Clause 23], leave out subsection (2) and insert— |
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| | | ‘( ) | The circumstances relating to a case include a person’s abilities if— |
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| | | (a) | on a comparison for the purposes of section 13, the protected |
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| | | characteristic is disability; |
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| | | (b) | on a comparison for the purposes of section 14, one of the protected |
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| | | characteristics in the combination is disability.’. |
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| | Page 12, line 24 [Clause 24], at end insert— |
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| | | ‘(1A) | Caste discrimination is— |
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| | | (a) | discrimination within section 13 because of caste; |
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| | | (b) | discrimination within section 19 where the relevant protected |
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| | | characteristic is caste.’. |
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| | Page 13, line 21 [Clause 25], leave out from ‘characteristic’ to end of line 31 and |
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| | | (b) | the conduct has the purpose or effect of— |
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| | | (i) | violating B’s dignity, or |
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| | | (ii) | creating an intimidating, hostile, degrading, humiliating or |
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| | | offensive environment for B. |
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| | | (2) | A also harasses B if— |
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| | | (a) | A engages in unwanted conduct of a sexual nature, and |
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| | | (b) | the conduct has the purpose or effect referred to in subsection (1)(b). |
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| | | (3) | A also harasses B if— |
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| | | (a) | A or another person engages in unwanted conduct of a sexual nature or |
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| | | that is related to gender reassignment or sex, |
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| | | (b) | the conduct has the purpose or effect referred to in subsection (1)(b), and |
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| | | (c) | because of B’s rejection of or submission to the conduct, A treats B less |
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| | | favourably than A would treat B if B had not rejected or submitted to the |
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| | Page 13, line 32 [Clause 25], leave out ‘that effect’ and insert ‘the effect referred to |
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| | Page 13, line 37 [Clause 25], leave out subsection (4). |
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| | Page 13, line 39 [Clause 25], leave out ‘reassignment’ and insert ‘identity’. |
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| | Page 13, line 42 [Clause 25], at end insert— |
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| | Page 14, line 1 [Clause 25], leave out ‘reassignment’ and insert ‘identity’. |
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| | Page 14, line 5 [Clause 25], at end insert— |
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| | Page 16, line 3 [Clause 29], leave out ‘except section 28(6)’ and insert ‘subject to |
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| | Page 16, line 7 [Clause 29], leave out subsection (2) and insert— |
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