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Equality Bill [HL]


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

29

 

51      

Educational establishments

(1)   

It is unlawful for the responsible body of an educational establishment listed

in the Table to discriminate against a person—

(a)   

in the terms on which it offers to admit him as a pupil,

(b)   

by refusing to accept an application to admit him as a pupil, or

5

(c)   

where he is a pupil of the establishment—

(i)   

in the way in which it affords him access to any benefit, facility

or service,

(ii)   

by refusing him access to a benefit, facility or service,

(iii)   

by excluding him from the establishment, or

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(iv)   

by subjecting him to any other detriment.

(2)   

It is unlawful for the responsible body of an educational establishment listed

in the Table to harass—

(a)   

a pupil at the establishment, or

(b)   

a person who applies to be admitted as a pupil.

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(3)   

In the application of this section to England and Wales—

(a)   

an expression also used in any of the Education Acts (within the

meaning of section 578 of the Education Act 1996 (c. 56)) has the same

meaning as in that Act, and

(b)   

“pupil” in relation to an establishment includes any person who

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receives education at the establishment.

(4)   

In the application of this section to Scotland, an expression also used in the

Education (Scotland) Act 1980 (c. 44) has the same meaning as in that Act.

 

Establishment

Responsible body

 
 

                               ENGLAND AND WALES

 

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School maintained by a local

Local education authority or

 
 

education authority.

governing body.

 
 

Independent school (other than

Proprietor.

 
 

a special school).

  
 

Special school (not maintained

Proprietor.

 

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by local education authority).

  
 

                                             SCOTLAND

 
 

Public school.

Education authority.

 
 

Grant-aided school.

Manager.

 
 

Independent school.

Proprietor.

 

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52      

Section 51: exceptions

(1)   

Section 51 shall not apply in relation to—

 
 

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

30

 

(a)   

a school designated under section 69(3) of the School Standards and

Framework Act 1998 (c. 31) (foundation or voluntary school with

religious character),

(b)   

a school listed in the register of independent schools for England or for

Wales if the school’s entry in the register records that the school has a

5

religious ethos,

(c)   

a school transferred to an education authority under section 16 of the

Education (Scotland) Act 1980 (c. 44) (transfer of certain schools to

education authorities) which is conducted in the interest of a church or

denominational body,

10

(d)   

a school provided by an education authority under section 17(2) of that

Act (denominational schools),

(e)   

a grant-aided school (within the meaning of that Act) which is

conducted in the interest of a church or denominational body, or

(f)   

a school registered in the register of independent schools for Scotland

15

if the school—

(i)   

admits only pupils who belong, or whose parents belong, to one

or more particular denominations, or

(ii)   

is conducted in the interest of a church or denominational body.

(2)   

Section 51(1)(c)(i), (ii) or (iv) or (2)(a) shall not apply in relation to anything

20

done in connection with—

(a)   

the content of the curriculum, or

(b)   

religious worship.

(3)   

The Secretary of State may make regulations—

(a)   

amending or repealing an exception in subsection (1) or (2);

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(b)   

providing for an additional exception to section 51;

(c)   

about the construction or application of section 46(3)(d) in relation to

section 51.

(4)   

Regulations under subsection (3)—

(a)   

may include transitional or incidental provision,

30

(b)   

may make provision generally or only in respect of specified cases or

circumstances (which may, in particular, be defined by reference to

location),

(c)   

may make different provision in respect of different cases or

circumstances (which may, in particular, be defined by reference to

35

location),

(d)   

shall be made by statutory instrument,

(e)   

may not be made unless the Secretary of State has consulted such

persons as he thinks appropriate, and

(f)   

may not be made unless a draft has been laid before and approved by

40

resolution of each House of Parliament.

53      

Local education authorities and education authorities

(1)   

It is unlawful for a local education authority (in England and Wales) or an

education authority (in Scotland) in the exercise of their functions to

discriminate against or harass a person.

45

(2)   

In its application to local education authorities the prohibition in subsection (1)

shall not apply to—

 
 

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

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(a)   

the exercise of an authority’s functions under section 14 of the

Education Act 1996 (c. 56) (provision of schools),

(b)   

the exercise of an authority’s functions in relation to transport,

(c)   

the exercise of an authority’s functions under section 13 of that Act

(general responsibility for education) in so far as they relate to a matter

5

specified in paragraph (a) or (b) above, or

(d)   

the exercise of functions as the responsible body for an establishment

listed in the Table in section 51.

(3)   

In its application to education authorities the prohibition in subsection (1) shall

not apply to—

10

(a)   

the exercise of an authority’s functions under section 17 of the

Education (Scotland) Act 1980 (c. 44) (provision etc. of schools),

(b)   

the exercise of an authority’s functions in relation to transport,

(c)   

the exercise of an authority’s functions under section 1 of that Act,

section 2 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) and

15

sections 4 and 5 of the Education (Additional Support for Learning)

(Scotland) Act 2004 (asp 4) (duties in relation to provision of education)

in so far as they relate to a matter specified in paragraph (a) or (b)

above,

(d)   

the exercise of an authority’s functions under section 50(1) of the

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Education (Scotland) Act 1980 (education of pupils in exceptional

circumstances) in so far as they consist of making arrangements of the

kind referred to in subsection (2) of that section, or

(e)   

the exercise of functions as the responsible body for an establishment

listed in the Table in section 51.

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54      

Public authorities: general

(1)   

It is unlawful for a public authority exercising a function to do any act which

constitutes discrimination or harassment.

(2)   

In subsection (1)—

(a)   

“public authority” includes any person who has functions of a public

30

nature (subject to subsections (3) and (4)), and

(b)   

“function” means function of a public nature.

(3)   

The prohibition in subsection (1) shall not apply to—

(a)   

the House of Commons,

(b)   

the House of Lords,

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(c)   

the authorities of either House of Parliament,

(d)   

the Security Service,

(e)   

the Secret Intelligence Service,

(f)   

the Government Communications Headquarters, or

(g)   

a part of the armed forces of the Crown which is, in accordance with a

40

requirement of the Secretary of State, assisting the Government

Communications Headquarters.

(4)   

The prohibition in subsection (1) shall not apply to—

(a)   

the exercise of a judicial function (whether in connection with a court

or a tribunal),

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(b)   

anything done on behalf of or on the instructions of a person exercising

a judicial function (whether in connection with a court or a tribunal),

 
 

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

32

 

(c)   

preparing, passing (or making), confirming, approving or considering

an enactment (including legislation made by or by virtue of a Measure

of the General Synod of the Church of England),

(d)   

the making of an instrument by a Minister of the Crown under an

enactment,

5

(e)   

the making of an instrument by the Scottish Ministers or a member of

the Scottish Executive under an enactment,

(f)   

a decision to refuse entry clearance or to vary leave to enter or remain

in the United Kingdom, in accordance with the Immigration Acts, or

anything done for the purposes of or in pursuance of a decision of that

10

kind,

(g)   

a decision not to institute or continue criminal proceedings (and

anything done for the purpose of reaching, or in pursuance of, such a

decision),

(h)   

action in relation to—

15

(i)   

the curriculum of an educational institution,

(ii)   

admission to an educational institution which has a religious

ethos,

(iii)   

religious worship in an educational institution,

(iv)   

the governing body of an educational institution which has a

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religious ethos,

(v)   

transport to or from an educational institution, or

(vi)   

the establishment, alteration or closure of educational

institutions,

(i)   

the exercise of the power under section 2 of the Local Government Act

25

2000 (c. 22) (promotion of well-being), or

(j)   

action which—

(i)   

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

virtue of a provision of the Employment Equality (Religion or

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

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(ii)   

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

of those regulations but for an express exception.

(5)   

In an action under section 67 in respect of a contravention of this section—

(a)   

the court shall not grant an injunction unless satisfied that it will not

prejudice criminal proceedings or a criminal investigation, and

35

(b)   

the court shall grant any application to stay the section 67 proceedings

on the grounds of prejudice to criminal proceedings or to a criminal

investigation, unless satisfied that the proceedings or investigation will

not be prejudiced.

(6)   

Section 71(4) shall not apply in relation to a reply, or a failure to reply, to a

40

question in connection with an alleged contravention of this section—

(a)   

if the respondent or potential respondent reasonably asserts that to

have replied differently or at all might have prejudiced criminal

proceedings or a criminal investigation,

(b)   

if the respondent or potential respondent reasonably asserts that to

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have replied differently or at all would have revealed the reason for not

instituting or not continuing criminal proceedings,

(c)   

where the reply is of a kind specified for the purposes of this paragraph

by order of the Secretary of State,

 
 

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

33

 

(d)   

where the reply is given in circumstances specified for the purposes of

this paragraph by order of the Secretary of State, or

(e)   

where the failure occurs in circumstances specified for the purposes of

this paragraph by order of the Secretary of State.

(7)   

In this section—

5

“criminal investigation” means—

(a)   

an investigation into the commission of an alleged offence, and

(b)   

a decision whether to institute criminal proceedings, and

“enactment” includes an Act of the Scottish Parliament.

(8)   

An order under subsection (6)(c) to (e)—

10

(a)   

may include transitional or incidental provision,

(b)   

may make provision generally or only for specified cases or

circumstances,

(c)   

may make different provision for different cases or circumstances,

(d)   

shall be made by statutory instrument, and

15

(e)   

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

(9)   

In the application of this section to proceedings in Scotland—

(a)   

a reference to the court shall be taken as a reference to the sheriff,

(b)   

a reference to an injunction shall be taken as a reference to an interdict,

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(c)   

a reference to staying proceedings shall be taken as a reference to

sisting proceedings, and

(d)   

a reference to the respondent or potential respondent shall be taken as

a reference to the defender or potential defender.

Other unlawful acts

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55      

Discriminatory practices

(1)   

It is unlawful for a person to operate a practice which—

(a)   

results in unlawful discrimination or harassment, or

(b)   

would be likely to result in unlawful discrimination if applied to

persons of any religion or belief.

30

(2)   

It is unlawful for a person to adopt or maintain a practice or arrangement in

accordance with which in certain circumstances a practice would be operated

in contravention of subsection (1).

(3)   

In this section “unlawful discrimination or harassment” means discrimination

or harassment which is unlawful by virtue of any of sections 48 to 54.

35

(4)   

Proceedings in respect of a contravention of this section may be brought only—

(a)   

by the Commission for Equality and Human Rights, and

(b)   

in accordance with sections 22 to 26.

56      

Discriminatory advertisements

(1)   

It is unlawful to publish an advertisement, or to cause an advertisement to be

40

published, if it indicates (expressly or impliedly) an intention by any person to

discriminate unlawfully.

 
 

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

34

 

(2)   

In subsection (1) the reference to unlawful discrimination is a reference to

discrimination which is unlawful by virtue of any of sections 48 to 54.

(3)   

Proceedings in respect of a contravention of subsection (1) may be brought

only—

(a)   

by the Commission for Equality and Human Rights, and

5

(b)   

in accordance with section 27.

(4)   

A person who publishes an advertisement shall not be liable in proceedings

under that section in respect of the publication of the advertisement if he

proves that—

(a)   

he published in reliance on a statement, made by a person causing the

10

advertisement to be published, that subsection (1) would not apply,

and

(b)   

that it was reasonable to rely on that statement.

(5)   

A person commits an offence if he knowingly or recklessly makes a false

statement of the kind mentioned in subsection (4)(a).

15

(6)   

A person guilty of an offence under subsection (5) shall be liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

57      

Instructing or causing discrimination or harassment

(1)   

It is unlawful for a person to instruct another to unlawfully discriminate or to

unlawfully harass.

20

(2)   

It is unlawful for a person to cause or attempt to cause another to unlawfully

discriminate or to unlawfully harass.

(3)   

It is unlawful for a person to induce or attempt to induce another to unlawfully

discriminate or to unlawfully harass.

(4)   

For the purposes of subsection (3) inducement may be direct or indirect.

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(5)   

In this section a reference to unlawful discrimination or harassment is a

reference to discrimination or harassment which is unlawful by virtue of any

of sections 48 to 54.

(6)   

Proceedings in respect of a contravention of this section may be brought only—

(a)   

by the Commission for Equality and Human Rights, and

30

(b)   

in accordance with section 27.

General exceptions

58      

Statutory requirements

Nothing in this Part shall make it unlawful to do anything which is necessary,

or in so far as it is necessary, for the purpose of complying with—

35

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament,

(c)   

legislation made or to be made—

(i)   

by a Minister of the Crown,

(ii)   

by Order in Council,

40

(iii)   

by the Scottish Ministers or a member of the Scottish Executive,

 
 

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

35

 

(iv)   

by the National Assembly for Wales, or

(v)   

by or by virtue of a Measure of the General Synod of the Church

of England, or

(d)   

a condition or requirement imposed by a Minister of the Crown by

virtue of anything listed in paragraphs (a) to (c).

5

59      

Organisations relating to religion or belief

(1)   

This section applies to an organisation the purpose of which is—

(a)   

to practice a religion or belief,

(b)   

to advance a religion or belief,

(c)   

to teach the practice or principles of a religion or belief,

10

(d)   

to enable persons of a religion or belief to receive any benefit, or to

engage in any activity, within the framework of that religion or belief,

or

(e)   

to improve relations, or maintain good relations, between persons of

different religions or beliefs.

15

(2)   

But this section does not apply to an organisation whose sole or main purpose

is commercial.

(3)   

Nothing in this Part shall make it unlawful for an organisation to which this

section applies or anyone acting on behalf of or under the auspices of an

organisation to which this section applies—

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(a)   

to restrict membership of the organisation,

(b)   

to restrict participation in activities undertaken by the organisation or

on its behalf or under its auspices,

(c)   

to restrict the provision of goods, facilities or services in the course of

activities undertaken by the organisation or on its behalf or under its

25

auspices, or

(d)   

to restrict the use or disposal of premises owned or controlled by the

organisation.

(4)   

Nothing in this Part shall make it unlawful for a minister—

(a)   

to restrict participation in activities carried on in the performance of his

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functions in connection with or in respect of an organisation to which

this section relates, or

(b)   

to restrict the provision of goods, facilities or services in the course of

activities carried on in the performance of his functions in connection

with or in respect of an organisation to which this section relates.

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(5)   

But subsections (3) and (4) permit a restriction only in so far as it is necessary

or expedient—

(a)   

having regard to the purpose of the organisation, or

(b)   

to avoid causing offence, on grounds of the religion or belief to which

the organisation relates, to persons of that religion or belief.

40

(6)   

In subsection (4) the reference to a minister is a reference to a minister of

religion, or other person, who—

(a)   

performs functions in connection with a religion or belief to which an

organisation, to which this section applies, relates, and

(b)   

holds an office or appointment in, or is accredited, approved or

45

recognised for purposes of, an organisation to which this section

applies.

 
 

 
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