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Equality Bill [HL]


Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights

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(a)   

the period between that time and the commencement of any of sections

8 to 34 is the “transitional period” for the purposes of this section, and

(b)   

the following provisions of this section shall have effect.

(2)   

During the transitional period the minimum number of Commissioners shall

be five (and not as provided by paragraph 1 of Schedule 1).

5

(3)   

The Secretary of State shall, as soon as is reasonably practicable after making

the first appointments under that paragraph, appoint as additional members

of the Commission (to be known as Transition Commissioners)—

(a)   

a commissioner of the Equal Opportunities Commission nominated by

its chairman,

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(b)   

a commissioner of the Commission for Racial Equality nominated by its

chairman, and

(c)   

a commissioner of the Disability Rights Commission nominated by its

chairman.

(4)   

A person may nominate himself as a Transition Commissioner.

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(5)   

If a Transition Commissioner ceases to be a commissioner of the Commission

whose chairman nominated him—

(a)   

he shall cease to be a Transition Commissioner,

(b)   

the chairman of that Commission shall nominate a replacement, and

(c)   

the Secretary of State shall appoint the nominated replacement.

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(6)   

A person shall hold appointment as a Transition Commissioner until a time

specified by order of the Secretary of State (subject to subsection (5)); and the

Secretary of State shall specify a time which in his opinion is not more than two

years after the time when, by virtue of section 38, the Commission whose

chairman nominated the Transition Commissioner—

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(a)   

ceases to exist, or

(b)   

loses its principal functions.

(7)   

In all other respects the provisions of this Part apply in relation to a Transition

Commissioner as in relation to another Commissioner.

(8)   

The Transition Commissioner nominated by the chairman of the Disability

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Rights Commission shall vacate office upon the commencement for all

purposes of—

(a)   

section 8, in so far as it relates to disability, and

(b)   

section 10;

   

and subsection (6) is subject to this subsection.

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44      

Transitional: functions of the dissolved Commissions

(1)   

An order under section 38(1)(a) or (b) may—

(a)   

provide for a former Commission to continue to exercise a function in

respect of a transitional case of a kind specified;

(b)   

provide for the Commission for Equality and Human Rights to exercise

40

a function of a former Commission in respect of a transitional case of a

kind specified.

(2)   

An order under section 91 commencing a provision of Schedule 3 or 4 may

include a saving or a consequential or incidental provision for the purpose of

the operation of provision made by virtue of subsection (1) above; and the

45

 
 

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief

25

 

saving, consequential or incidental provision may, in particular, include

provision applying, disapplying or modifying the application of a provision of

this Act or of another enactment (including an enactment in or under an Act of

the Scottish Parliament).

(3)   

A code of practice issued by a Commission dissolved by virtue of section 38, or

5

which relates to a function of a Commission removed by virtue of section

38(1)(b)—

(a)   

shall continue to have effect until revoked by the Secretary of State, at

the request of the Commission for Equality and Human Rights, by

order made by statutory instrument, and

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(b)   

may be revised by the Commission for Equality and Human Rights as

if it had been issued under section 15.

(4)   

Consultation undertaken by a former Commission in relation to the issue or

revision of a code of practice may be relied upon by the Commission for

Equality and Human Rights for a purpose of section 15.

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Part 2

Discrimination on grounds of religion or belief

Key concepts

45      

Religion and belief

In this Part—

20

(a)   

“religion” means any religion,

(b)   

“belief” means any religious or philosophical belief,

(c)   

a reference to religion includes a reference to lack of religion, and

(d)   

a reference to belief includes a reference to lack of belief.

46      

Discrimination

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(1)   

A person (“A”) discriminates against another (“B”) for the purposes of this Part

if on grounds of religion or belief A treats B less favourably than he treats or

would treat others (in cases where there is no material difference in the

relevant circumstances).

(2)   

In subsection (1) the reference to religion or belief is a reference to—

30

(a)   

a religion or belief of B or of any other person except A, and

(b)   

a religion or belief to which B or any other person except A is thought

to belong or subscribe.

(3)   

A person (“A”) discriminates against another (“B”) for the purposes of this Part

if A applies to B a requirement, condition or practice—

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(a)   

which he applies or would apply equally to persons not of B’s religion

or belief,

(b)   

which puts persons of B’s religion or belief at a disadvantage compared

to some or all others (where there is no material difference in the

relevant circumstances),

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(c)   

which puts B at a disadvantage compared to some or all persons who

are not of his religion or belief (where there is no material difference in

the relevant circumstances), and

 
 

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief

26

 

(d)   

which A cannot reasonably justify by reference to matters other than

B’s religion or belief.

(4)   

A person (“A”) discriminates against another (“B”) if A treats B less favourably

than he treats or would treat another and does so by reason of the fact that, or

by reason of A’s knowledge or suspicion that, B—

5

(a)   

has brought or intended to bring, or intends to bring, proceedings

under this Part,

(b)   

has given or intended to give, or intends to give, evidence in

proceedings under this Part,

(c)   

has provided or intended to provide, or intends to provide, information

10

in connection with proceedings under this Part,

(d)   

has done or intended to do, or intends to do, any other thing under or

in connection with this Part, or

(e)   

has alleged or intended to allege, or intends to allege, that a person

contravened this Part.

15

(5)   

Subsection (4) does not apply where A’s treatment of B relates to B’s making

or intending to make, not in good faith, a false allegation.

47      

Harassment

(1)   

For the purposes of this Part a person (“A”) harasses another (“B”) if on

grounds of religion or belief A does anything which has the purpose or effect

20

of—

(a)   

violating B’s dignity, or

(b)   

creating an intimidating, hostile, degrading, humiliating or offensive

environment for B.

(2)   

In subsection (1)—

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(a)   

“religion or belief” means a religion or belief of B or of any other person

except A, and

(b)   

a reference to a person’s religion or belief includes a reference to a

religion or belief to which he is thought to belong or subscribe.

(3)   

Action by A shall be regarded as having the effect described in subsection (1)(a)

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or (b) only if it should reasonably be regarded as having that effect having

regard to—

(a)   

B’s perception, and

(b)   

all the other circumstances.

(4)   

Where B wants A to do something, it is not harassment for the purposes of

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subsection (1).

Prohibited discrimination and harassment

48      

Goods, facilities and services

(1)   

It is unlawful for a person (“A”) concerned with the provision to the public or

a section of the public of goods, facilities or services to discriminate against a

40

person (“B”) who seeks to obtain or use those goods, facilities or services—

(a)   

by refusing to provide B with goods, facilities or services,

 
 

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief

27

 

(b)   

by refusing to provide B with goods, facilities or services of a quality

which is the same as or similar to the quality of goods, facilities or

services that A normally provides to—

(i)   

the public, or

(ii)   

a section of the public to which B belongs,

5

(c)   

by refusing to provide B with goods, facilities or services in a manner

which is the same as or similar to that in which A normally provides

goods, facilities or services to—

(i)   

the public, or

(ii)   

a section of the public to which B belongs, or

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(d)   

by refusing to provide B with goods, facilities or services on terms

which are the same as or similar to the terms on which A normally

provides goods, facilities or services to—

(i)   

the public, or

(ii)   

a section of the public to which B belongs.

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(2)   

Subsection (1) applies, in particular, to—

(a)   

access to and use of a place which the public are permitted to enter,

(b)   

accommodation in a hotel, boarding house or similar establishment,

(c)   

facilities by way of banking or insurance or for grants, loans, credit or

finance,

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(d)   

facilities for entertainment, recreation or refreshment,

(e)   

facilities for transport or travel, and

(f)   

the services of a profession or trade.

(3)   

Where a skill is commonly exercised in different ways in relation to or for the

purposes of different religions or beliefs, a person who normally exercises it in

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relation to or for the purpose of a religion or belief does not contravene

subsection (1) by—

(a)   

insisting on exercising the skill in the way in which he exercises it in

relation to or for the purposes of that religion or belief, or

(b)   

if he reasonably considers it impracticable to exercise the skill in that

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way in relation to or for the purposes of another religion or belief, to

refuse to exercise it in relation to or for the purposes of that other

religion or belief.

(4)   

Subsection (1)—

(a)   

does not apply in relation to the provision of goods, facilities or services

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by a person exercising a public function, and

(b)   

does not apply to discrimination in relation to the provision of goods,

facilities or services if discrimination in relation to that provision—

(i)   

is unlawful by virtue of another provision of this Part or by

virtue of a provision of the Employment Equality (Religion or

40

Belief) Regulations 2003 (S.I. 2003/1660), or

(ii)   

would be unlawful by virtue of another provision of this Part or

of those regulations but for an express exception.

(5)   

For the purposes of subsection (1) it is immaterial whether or not a person

charges for the provision of goods, facilities or services.

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49      

Premises

(1)   

It is unlawful for a person to discriminate against another—

 
 

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief

28

 

(a)   

in the terms on which he offers to dispose of premises to him,

(b)   

by refusing to dispose of premises to him, or

(c)   

in connection with a list of persons requiring premises.

(2)   

It is unlawful for a person managing premises to discriminate against an

occupier—

5

(a)   

in the manner in which he provides access to a benefit or facility,

(b)   

by refusing access to a benefit or facility,

(c)   

by evicting him, or

(d)   

by subjecting him to another detriment.

(3)   

It is unlawful for a person managing premises to harass an occupier.

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(4)   

It is unlawful for a person concerned in the disposal of premises to harass a

person who applies to occupy premises.

(5)   

It is unlawful for a person to discriminate against another by refusing

permission for the disposal of premises to him.

(6)   

This section applies only to premises in Great Britain.

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50      

Section 49: exceptions

(1)   

Section 49 shall not apply to anything done in relation to the disposal of part of

premises by a person (“the landlord”) if—

(a)   

the landlord or a near relative resides, and intends to continue to reside,

in another part of the premises,

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(b)   

the premises include parts (other than storage areas and means of

access) shared by residents of the premises, and

(c)   

the premises are not normally sufficient to accommodate—

(i)   

in the case of premises to be occupied by households, more than

two households in addition to that of the landlord or his near

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relative, or

(ii)   

in the case of premises to be occupied by individuals, more than

six individuals in addition to the landlord or his near relative.

(2)   

In subsection (1) “near relative” means—

(a)   

spouse or civil partner,

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(b)   

parent or grandparent,

(c)   

child or grandchild (whether or not legitimate),

(d)   

the spouse or civil partner of a child or grandchild,

(e)   

brother or sister (whether of full blood or half-blood), and

(f)   

any of the relationships listed in paragraphs (b) to (e) above that arises

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through marriage, civil partnership or adoption.

(3)   

Section 49 shall not apply to the disposal of premises by a person who—

(a)   

owns an estate or interest in the premises,

(b)   

occupies the whole of the premises,

(c)   

does not use the services of an estate agent for the purposes of the

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disposal, and

(d)   

does not arrange for the publication of an advertisement for the

purposes of the disposal.

 
 

 
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Revised 19 May 2005