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54 | Page 122, line 2, leave out “Before making the order” and insert “If the Minister |
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| proposes to make an order under this section” |
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55 | Page 122, line 4, leave out subsections (4) and (5) and insert— |
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| “(4) | If, as a result of the consultation under subsection (3), the Minister thinks it |
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| appropriate to change the whole or part of the proposal, the Minister must |
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| carry out such further consultation with respect to the changes as the |
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| Minister thinks appropriate.” |
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56 | Page 122, line 26, leave out “5” and insert “2” |
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57 | Page 122, line 28, leave out “5” and insert “2” |
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58 | Insert the following new Clause— |
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| “Harmonisation: procedure |
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| (1) | If, after the conclusion of the consultation required under section 196, the |
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| Minister thinks it appropriate to proceed with the making of an order |
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| under that section, the Minister must lay before Parliament— |
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| (a) | a draft of a statutory instrument containing the order, together with |
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| (b) | an explanatory document. |
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| (2) | The explanatory document must— |
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| (a) | introduce and give reasons for the harmonising provision; |
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| (b) | explain why the Minister thinks that the conditions in subsection (1) |
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| of section 196 are satisfied; |
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| (c) | give details of the consultation carried out under that section; |
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| (d) | give details of the representations received as a result of the |
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| |
| (e) | give details of such changes as were made as a result of the |
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| |
| (3) | Where a person making representations in response to the consultation has |
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| requested the Minister not to disclose them, the Minister must not disclose |
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| them under subsection (2)(d) if, or to the extent that, to do so would |
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| (disregarding any connection with proceedings in Parliament) constitute |
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| an actionable breach of confidence. |
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| (4) | If information in representations made by a person in response to |
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| consultation under section 196 relates to another person, the Minister need |
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| not disclose the information under subsection (2)(d) if or to the extent |
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| |
| (a) | the Minister thinks that the disclosure of information could |
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| adversely affect the interests of that other person, and |
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| (b) | the Minister has been unable to obtain the consent of that other |
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| person to the disclosure. |
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| (5) | The Minister may not act under subsection (1) before the end of the period |
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| of 12 weeks beginning with the day on which the consultation under |
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| |
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| |
| | |
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| (6) | Laying a draft of a statutory instrument in accordance with subsection (1) |
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| satisfies the condition as to laying imposed by subsection (8) of section 200, |
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| in so far as that subsection applies in relation to orders under section 196.” |
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59 | Page 124, line 3, at end insert— |
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| “( ) | A statutory instrument containing an Order in Council under section 82 |
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| (offshore work) is subject to annulment in pursuance of a resolution of |
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| either House of Parliament.” |
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60 | Page 124, line 6, at end insert “or the Treasury” |
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61 | Page 124, line 13, leave out paragraph (a) |
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62 | Page 124, line 16, at end insert “that provides for the omission of an entry where |
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| the authority concerned has ceased to exist or the variation of an entry where the |
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| authority concerned has changed its name” |
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63 | Page 124, line 26, at end insert— |
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| “( ) | regulations under section (Information about diversity in range of |
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| candidates etc.) (election candidates: diversity information);” |
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64 | Page 124, line 33, leave out “other than one mentioned in” and insert “that is not |
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| subject to the affirmative procedure by virtue of” |
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65 | Page 124, line 38, after “that” insert “— |
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| |
66 | Page 124, line 40, at end insert “, and |
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| (ii) | is not made in reliance on section 199(7)” |
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67 | Page 125, line 1, leave out “mentioned in subsection (2) or (4)” and insert |
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| “containing an order or regulations under section 2, 150, 152, 153(2) or 154(5)” |
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68 | Page 125, line 8, at end insert “an order or” |
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69 | Page 125, line 10, after “The” insert “orders and” |
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70 | Page 125, line 10, at end insert— |
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| “( ) | regulations under section 2 (socio-economic inequalities);” |
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71 | Page 125, line 10, at end insert— |
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| “( ) | an order under section 150 (power to amend list of public |
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| authorities for the purposes of the public sector equality duty);” |
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72 | Page 125, line 15, at end insert — |
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| “( ) | But a statutory instrument is not subject to the affirmative procedure by |
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| virtue of subsection (2) merely because it contains an order under section |
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| |
| (a) | the omission of an entry where the authority concerned has ceased |
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| |
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|
| |
| | |
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| (b) | the variation of an entry where the authority concerned has |
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| |
73 | Page 125, line 16, leave out “other than one mentioned in” and insert “that is not |
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| subject to the affirmative procedure by virtue of” |
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74 | Page 125, line 18, after second “the” insert “order or” |
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|
75 | Page 125, line 26, at end insert “an order or” |
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76 | Page 125, line 28, after “The” insert “orders and” |
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77 | Page 125, line 28, at end insert— |
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| “( ) | regulations under section 2 (socio-economic inequalities);” |
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78 | Page 125, line 30, at end insert— |
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| “( ) | an order under section 150 (power to amend list of public |
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| authorities for the purposes of the public sector equality duty);” |
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79 | Page 125, line 35, at end insert— |
|
| “( ) | But a statutory instrument is not subject to the affirmative procedure by |
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| virtue of subsection (2) merely because it contains an order under section |
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| |
| (a) | the omission of an entry where the authority concerned has ceased |
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| |
| (b) | the variation of an entry where the authority concerned has |
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| |
80 | Page 125, line 36, leave out “other than one mentioned in” and insert “that is not |
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| subject to the affirmative procedure by virtue of” |
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81 | Page 125, line 38, after second “the” insert “order or” |
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|
82 | Page 126, line 11, after “not” insert “, subject to subsection (4A),” |
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83 | Page 126, line 40, at end insert— |
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| ““substantial” means more than minor or trivial;” |
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84 | Page 127, line 8, at end insert— |
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| “(4A) | Where this Act disapplies a prohibition on harassment in relation to a |
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| specified protected characteristic, the disapplication does not prevent |
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| conduct relating to that characteristic from amounting to a detriment for |
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| the purposes of discrimination within section 13 because of that |
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| |
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85 | Page 128, line 24, after “sections” insert “(Civil partnerships on religious premises) |
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| (civil partnerships on religious premises),” |
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86 | Page 128, line 24, at end insert— |
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|
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| |
| | |
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| “( ) | Sections (Abolition of husband’s duty to maintain his wife) to (Civil partners: |
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| housekeeping allowance) come into force on such day as the Lord Chancellor |
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| |
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87 | Page 128, line 29, after “houses)” insert “and sections (Abolition of husband’s duty to |
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| maintain his wife) to (Civil partners: housekeeping allowance) (family property)” |
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88 | Page 128, line 34, at end insert— |
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| “( ) | section (Abolition of presumption of advancement).” |
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|
89 | Page 137, line 27, leave out paragraph (b) |
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90 | Page 143, line 2, at end insert— |
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| |
| |
| Gender reassignment: England and Wales |
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| (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 |
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| gender under the Gender Recognition Act 2004. |
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| (3) | Sub-paragraph (4) applies to a person (A) who may, in a case that comes |
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| 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 |
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| 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 |
|
| |
| (2) | In sub-paragraph (1) “approved celebrant” has the meaning given in |
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| section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may |
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| |
|