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Session 2009 - 10
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Lords Amendments to the Equality Bill


 
 

10

 

Clause 196

54

Page 122, line 2, leave out “Before making the order” and insert “If the Minister

 

proposes to make an order under this section”

55

Page 122, line 4, leave out subsections (4) and (5) and insert—

 

“(4)    

If, as a result of the consultation under subsection (3), the Minister thinks it

 

appropriate to change the whole or part of the proposal, the Minister must

 

carry out such further consultation with respect to the changes as the

 

Minister thinks appropriate.”

56

Page 122, line 26, leave out “5” and insert “2”

57

Page 122, line 28, leave out “5” and insert “2”

After Clause 196

58

Insert the following new Clause—

 

“Harmonisation: procedure

 

(1)    

If, after the conclusion of the consultation required under section 196, the

 

Minister thinks it appropriate to proceed with the making of an order

 

under that section, the Minister must lay before Parliament—

 

(a)    

a draft of a statutory instrument containing the order, together with

 

(b)    

an explanatory document.

 

(2)    

The explanatory document must—

 

(a)    

introduce and give reasons for the harmonising provision;

 

(b)    

explain why the Minister thinks that the conditions in subsection (1)

 

of section 196 are satisfied;

 

(c)    

give details of the consultation carried out under that section;

 

(d)    

give details of the representations received as a result of the

 

consultation;

 

(e)    

give details of such changes as were made as a result of the

 

representations.

 

(3)    

Where a person making representations in response to the consultation has

 

requested the Minister not to disclose them, the Minister must not disclose

 

them under subsection (2)(d) if, or to the extent that, to do so would

 

(disregarding any connection with proceedings in Parliament) constitute

 

an actionable breach of confidence.

 

(4)    

If information in representations made by a person in response to

 

consultation under section 196 relates to another person, the Minister need

 

not disclose the information under subsection (2)(d) if or to the extent

 

that—

 

(a)    

the Minister thinks that the disclosure of information could

 

adversely affect the interests of that other person, and

 

(b)    

the Minister has been unable to obtain the consent of that other

 

person to the disclosure.

 

(5)    

The Minister may not act under subsection (1) before the end of the period

 

of 12 weeks beginning with the day on which the consultation under

 

section 196(3) begins.


 
 

11

 
 

(6)    

Laying a draft of a statutory instrument in accordance with subsection (1)

 

satisfies the condition as to laying imposed by subsection (8) of section 200,

 

in so far as that subsection applies in relation to orders under section 196.”

Clause 199

59

Page 124, line 3, at end insert—

 

“( )    

A statutory instrument containing an Order in Council under section 82

 

(offshore work) is subject to annulment in pursuance of a resolution of

 

either House of Parliament.”

Clause 200

60

Page 124, line 6, at end insert “or the Treasury”

61

Page 124, line 13, leave out paragraph (a)

62

Page 124, line 16, at end insert “that provides for the omission of an entry where

 

the authority concerned has ceased to exist or the variation of an entry where the

 

authority concerned has changed its name”

63

Page 124, line 26, at end insert—

 

“( )    

regulations under section (Information about diversity in range of

 

candidates etc.) (election candidates: diversity information);”

64

Page 124, line 33, leave out “other than one mentioned in” and insert “that is not

 

subject to the affirmative procedure by virtue of”

65

Page 124, line 38, after “that” insert “—

 

(i)    

66

Page 124, line 40, at end insert “, and

 

(ii)    

is not made in reliance on section 199(7)”

67

Page 125, line 1, leave out “mentioned in subsection (2) or (4)” and insert

 

“containing an order or regulations under section 2, 150, 152, 153(2) or 154(5)”

Clause 201

68

Page 125, line 8, at end insert “an order or”

69

Page 125, line 10, after “The” insert “orders and”

70

Page 125, line 10, at end insert—

 

“( )    

regulations under section 2 (socio-economic inequalities);”

71

Page 125, line 10, at end insert—

 

“( )    

an order under section 150 (power to amend list of public

 

authorities for the purposes of the public sector equality duty);”

72

Page 125, line 15, at end insert —

 

“( )    

But a statutory instrument is not subject to the affirmative procedure by

 

virtue of subsection (2) merely because it contains an order under section

 

150 that provides for—

 

(a)    

the omission of an entry where the authority concerned has ceased

 

to exist, or


 
 

12

 
 

(b)    

the variation of an entry where the authority concerned has

 

changed its name.”

73

Page 125, line 16, leave out “other than one mentioned in” and insert “that is not

 

subject to the affirmative procedure by virtue of”

74

Page 125, line 18, after second “the” insert “order or”

Clause 202

75

Page 125, line 26, at end insert “an order or”

76

Page 125, line 28, after “The” insert “orders and”

77

Page 125, line 28, at end insert—

 

“( )    

regulations under section 2 (socio-economic inequalities);”

78

Page 125, line 30, at end insert—

 

“( )    

an order under section 150 (power to amend list of public

 

authorities for the purposes of the public sector equality duty);”

79

Page 125, line 35, at end insert—

 

“( )    

But a statutory instrument is not subject to the affirmative procedure by

 

virtue of subsection (2) merely because it contains an order under section

 

150 that provides for—

 

(a)    

the omission of an entry where the authority concerned has ceased

 

to exist, or

 

(b)    

the variation of an entry where the authority concerned has

 

changed its name.”

80

Page 125, line 36, leave out “other than one mentioned in” and insert “that is not

 

subject to the affirmative procedure by virtue of”

81

Page 125, line 38, after second “the” insert “order or”

Clause 204

82

Page 126, line 11, after “not” insert “, subject to subsection (4A),”

83

Page 126, line 40, at end insert—

 

““substantial” means more than minor or trivial;”

84

Page 127, line 8, at end insert—

 

“(4A)    

Where this Act disapplies a prohibition on harassment in relation to a

 

specified protected characteristic, the disapplication does not prevent

 

conduct relating to that characteristic from amounting to a detriment for

 

the purposes of discrimination within section 13 because of that

 

characteristic.”

Clause 208

85

Page 128, line 24, after “sections” insert “(Civil partnerships on religious premises)

 

(civil partnerships on religious premises),”

86

Page 128, line 24, at end insert—


 
 

13

 
 

“( )    

Sections (Abolition of husband’s duty to maintain his wife) to (Civil partners:

 

housekeeping allowance) come into force on such day as the Lord Chancellor

 

may by order appoint.”

Clause 209

87

Page 128, line 29, after “houses)” insert “and sections (Abolition of husband’s duty to

 

maintain his wife) to (Civil partners: housekeeping allowance) (family property)”

88

Page 128, line 34, at end insert—

 

“( )    

section (Abolition of presumption of advancement).”

Schedule 3

89

Page 137, line 27, leave out paragraph (b)

90

Page 143, line 2, at end insert—

 

“Part 5A

 

Marriage

 

Gender reassignment: England and Wales

 

    (1)  

A person does not contravene section 29, so far as relating to gender

 

reassignment discrimination, only because of anything done in reliance

 

on section 5B of the Marriage Act 1949 (solemnisation of marriages

 

involving persons of acquired gender).

 

      (2)  

A person (A) whose consent to the solemnisation of the marriage of a

 

person (B) is required under section 44(1) of the Marriage Act 1949

 

(solemnisation in registered building) does not contravene section 29, so

 

far as relating to gender reassignment discrimination, by refusing to

 

consent if A reasonably believes that B’s gender has become the acquired

 

gender under the Gender Recognition Act 2004.

 

      (3)  

Sub-paragraph (4) applies to a person (A) who may, in a case that comes

 

within the Marriage Act 1949 (other than the case mentioned in sub-

 

paragraph (1)), solemnise marriages according to a form, rite or

 

ceremony of a body of persons who meet for religious worship.

 

      (4)  

A does not contravene section 29, so far as relating to gender

 

reassignment discrimination, by refusing to solemnise, in accordance

 

with a form, rite or ceremony as described in sub-paragraph (3), the

 

marriage of a person (B) if A reasonably believes that B’s gender has

 

become the acquired gender under the Gender Recognition Act 2004.”

 

Gender reassignment: Scotland

 

    (1)  

An approved celebrant (A) does not contravene section 29, so far as

 

relating to gender reassignment discrimination, only by refusing to

 

solemnise the marriage of a person (B) if A reasonably believes that B’s

 

gender has become the acquired gender under the Gender Recognition

 

Act 2004.

 

      (2)  

In sub-paragraph (1) “approved celebrant” has the meaning given in

 

section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may

 

solemnise marriage).”


 
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