Lords Amendments to the Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

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.

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(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).”