Lords Amendments to the Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Lords Amendments to the Equality Bill

5

Clause 104
34
Page 66, line 12, at end insert “, and

(c)
which, subject to subsection (7), are a proportionate means of

achieving that purpose.”
35
Page 66, line 24, at end insert “; and subsection (3)(c) does not apply to short-listing

in reliance on this subsection.”
Clause 105
36
Page 66, line 34, leave out first “is” and insert “and the words “, subject to

subsection (7),” in section 104(3)(c) are”
After Clause 105
37
Insert the following new Clause—

“Information about diversity in range of candidates etc.

(1)
This section applies to an association which is a registered political party.

(2)
If the party had candidates at a relevant election, the party must, in

accordance with regulations made by a Minister of the Crown, publish

information relating to protected characteristics of persons who come

within a description prescribed in the regulations in accordance with

subsection (3).

(3)
One or more of the following descriptions may be prescribed for the

purposes of subsection (2)—

(a)
successful applicants for nomination as a candidate at the relevant

election;

(b)
unsuccessful applicants for nomination as a candidate at that

election;

(c)
candidates elected at that election;

(d)
candidates who are not elected at that election.

(4)
The duty imposed by subsection (2) applies only in so far as it is possible to

publish information in a manner that ensures that no person to whom the

information relates can be identified from that information.

(5)
The following elections are relevant elections—

(a)
Parliamentary Elections;

(b)
elections to the European Parliament;

(c)
elections to the Scottish Parliament;

(d)
elections to the National Assembly for Wales.

(6)
This section does not apply to the following protected characteristics—

(a)
marriage and civil partnership;

(b)
pregnancy and maternity.

(7)
The regulations may provide that the information to be published—

(a)
must (subject to subsection (6)) relate to all protected characteristics

or only to such as are prescribed;

(b)
must include a statement, in respect of each protected characteristic

to which the information relates, of the proportion that the number

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of persons who provided the information to the party bears to the

number of persons who were asked to provide it.

(8)
Regulations under this section may prescribe—

(a)
descriptions of information;

(b)
descriptions of political party to which the duty is to apply;

(c)
the time at which information is to be published;

(d)
the form and manner in which information is to be published;

(e)
the period for which information is to be published.

(9)
Provision by virtue of subsection (8)(b) may, in particular, provide that the

duty imposed by subsection (2) does not apply to a party which had

candidates in fewer constituencies in the election concerned than a

prescribed number.

(10)
Regulations under this section—

(a)
may provide that the duty imposed by subsection (2) applies only

to such relevant elections as are prescribed;

(b)
may provide that a by-election or other election to fill a vacancy is

not to be treated as a relevant election or is to be so treated only to

a prescribed extent;

(c)
may amend this section so as to provide for the duty imposed by

subsection (2) to apply in the case of additional descriptions of

election.

(11)
Nothing in this section authorises a political party to require a person to

provide information to it.”
Clause 113
38
Page 71, line 12, at end insert—

“( )
Subsection (1)(d) does not apply to a contravention of section (Information

about diversity in range of candidates etc.).”
Clause 119
39
Page 75, line 28, at end insert—

“(8)
In subsection (1), the references to Part 5 do not include a reference to

section 60(1).”
Clause 148
40
Page 94, line 25, at beginning insert “take steps to”
41
Page 94, line 29, at end insert—

“( )
The steps involved in meeting the needs of disabled persons that are

different from the needs of persons who are not disabled include, in

particular, steps to take account of disabled persons’ disabilities.”
Clause 150
42
Page 96, line 6, at end insert—

7

“( )
An order may not be made under this section so as to extend the

application of section 148 to—

(a)
the exercise of a function referred to in paragraph 3 of Schedule 18

(judicial functions, etc);

(b)
a person listed in paragraph 4(2)(a) to (e) of that Schedule

(Parliament, devolved legislatures and General Synod);

(c)
the exercise of a function listed in paragraph 4(3) of that Schedule

(proceedings in Parliament or devolved legislatures).”
Clause 158
43
Page 101, line 3, at end insert “, and

( )
taking the action in question is a proportionate means of achieving

the aim referred to in subsection (2)”
After Clause 159
44
Insert the following new Clause—

“Control of numbers of licensed taxis: exception

(1)
This section applies if—

(a)
an application for a licence in respect of a vehicle is made under

section 37 of the Town Police Clauses Act 1847,

(b)
it is possible for a disabled person—

(i)
to get into and out of the vehicle in safety,

(ii)
to travel in the vehicle in safety and reasonable comfort, and

(iii)
to do the things mentioned in sub-paragraphs (i) and (ii)

while in a wheelchair of a size prescribed by the Secretary of

State, and

(c)
the proportion of taxis licensed in respect of the area to which the

licence would (if granted) apply that conform to the requirement in

paragraph (b) is less than the proportion that is prescribed by the

Secretary of State.

(2)
Section 16 of the Transport Act 1985 (which modifies the provisions of the

Town Police Clauses Act 1847 about hackney carriages to allow a licence to

ply for hire to be refused in order to limit the number of licensed carriages)

does not apply in relation to the vehicle; and those provisions of the Town

Police Clauses Act 1847 are to have effect subject to this section.

(3)
In section 16 of the Transport Act 1985, after “shall” insert “(subject to

section (Control of numbers of licensed taxis: exception) of the Equality Act

2010)”.”
Clause 165
45
Page 106, line 3, leave out “in England and Wales”
46
Page 106, line 6, leave out subsection (4)
47
Page 106, line 9, leave out “subsections (3) and (4)” and insert “subsection (3)”

8

Clause 195
48
Page 121, line 24, at end insert—

“( )
Guidance issued (or treated as issued) under a power conferred by virtue

of subsection (3)(a) comes into force on such day as the person who issues

the guidance may by order appoint; and an order under this subsection

may include the text of the guidance or of extracts from it.”
After Clause 195
49
Insert the following new Clause—

“Abolition of husband’s duty to maintain wife

The rule of common law that a husband must maintain his wife is

abolished.”
50
Insert the following new Clause—

“Abolition of presumption of advancement

(1)
The presumption of advancement (by which, for example, a husband is

presumed to be making a gift to his wife if he transfers property to her, or

purchases property in her name) is abolished.

(2)
The abolition by subsection (1) of the presumption of advancement does

not have effect in relation to—

(a)
anything done before the commencement of this section, or

(b)
anything done pursuant to any obligation incurred before the

commencement of this section.”
51
Insert the following new Clause—

“Amendment of Married Women’s Property Act 1964

(1)
In section 1 of the Married Women’s Property Act 1964 (money and

property derived from housekeeping allowance made by husband to be

treated as belonging to husband and wife in equal shares)—

(a)
for “the husband for” substitute “either of them for”, and

(b)
for “the husband and the wife” substitute “them”.

(2)
Accordingly, that Act may be cited as the Matrimonial Property Act 1964.

(3)
The amendments made by this section do not have effect in relation to any

allowance made before the commencement of this section.”
52
Insert the following new Clause—

“Civil partners: housekeeping allowance

(1)
After section 70 of the Civil Partnership Act 2004 insert—

“70A
Money and property derived from housekeeping allowance

Section 1 of the Matrimonial Property Act 1964 (money and

property derived from housekeeping allowance to be treated as

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belonging to husband and wife in equal shares) applies in relation

to—

(a)
money derived from any allowance made by a civil partner

for the expenses of the civil partnership home or for similar

purposes, and

(b)
any property acquired out of such money,

as it applies in relation to money derived from any allowance made

by a husband or wife for the expenses of the matrimonial home or

for similar purposes, and any property acquired out of such

money.”

(2)
The amendment made by this section does not have effect in relation to any

allowance made before the commencement of this section.”
Before Clause 196
53
Insert the following new Clause—

“Civil partnerships

Civil partnerships on religious premises

(1)
The Civil Partnership Act 2004 is amended as follows.

(2)
Omit section 6(1)(b) and (2).

(3)
In section 6A, after subsection (2), insert—

“(2A)
Regulations under this section may provide that premises

approved for the registration of civil partnerships may differ from

those premises approved for the registration of civil marriages.

(2B)
Provision by virtue of subsection (2)(b) may, in particular, provide

that applications for approval of premises may only be made with

the consent (whether general or specific) of a person specified, or a

person of a description specified, in the provision.

(2C)
The power conferred by section 258(2), in its application to the

power conferred by this section, includes in particular—

(a)
power to make provision in relation to religious premises

that differs from provision in relation to other premises;

(b)
power to make different provision for different kinds of

religious premises.”

(4)
In section 6A, after subsection (3), insert—

“(3A)
For the avoidance of doubt, nothing in this Act places an obligation

on religious organisations to host civil partnerships if they do not

wish to do so.

(3B)
“Civil marriage” means marriage solemnised otherwise than

according to the rites of the Church of England or any other

religious usages.

(3C)
“Religious premises” means premises which—

(a)
are used solely or mainly for religious purposes, or

(b)
have been so used and have not subsequently been used

solely or mainly for other purposes.””