Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 15 — General and miscellaneous
126

Amendments, etc.
203
Amendments, repeals and revocations
(1)
Schedule 26 (amendments) has effect.
(2)
Schedule 27 (repeals and revocations) has effect.
Interpretation
5
204
General interpretation
(1)
In this Act—
“armed forces” means any of the naval, military or air forces of the Crown;
“the Commission” means the Commission for Equality and Human
Rights;
10
“detriment” does not include conduct which amounts to harassment;
“the Education Acts” has the meaning given in section 578 of the
Education Act 1996;
“employment” and related expressions are (subject to subsection (10)) to
be read with section 83;
15
“enactment” means an enactment contained in—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
an Act or Measure of the National Assembly for Wales, or
(d)
subordinate legislation;
20
“equality clause” means a sex equality clause or maternity equality clause;
“equality rule” means a sex equality rule or maternity equality rule;
“man” means a male of any age;
“maternity equality clause” has the meaning given in section 73;
“maternity equality rule” has the meaning given in section 75;
25
“non-discrimination rule” has the meaning given in section 61;
“occupational pension scheme” has the meaning given in section 1 of the
Pension Schemes Act 1993;
“parent” has the same meaning as in—
(a)
the Education Act 1996 (in relation to England and Wales);
30
(b)
the Education (Scotland) Act 1980 (in relation to Scotland);
“prescribed” means prescribed by regulations;
“profession” includes a vocation or occupation;
“sex equality clause” has the meaning given in section 66;
“sex equality rule” has the meaning given in section 67;
35
“subordinate legislation” means—
(a)
subordinate legislation within the meaning of the Interpretation
Act 1978 (c. 30), or
(b)
an instrument made under an Act of the Scottish Parliament or
an Act or Measure of the National Assembly for Wales;
40
“trade” includes any business;
“woman” means a female of any age.
(2)
A reference (however expressed) to an act includes a reference to an omission.

Equality Bill
Part 15 — General and miscellaneous
127

(3)
A reference (however expressed) to an omission includes (unless there is
express provision to the contrary) a reference to—
(a)
deliberate omission to do a thing;
(b)
refusal to do it;
(c)
failure to do it.
5
(4)
A reference (however expressed) to providing or affording access to a benefit,
facility or service includes a reference to facilitating access to the benefit,
facility or service.
(5)
A reference to occupation, in relation to premises, is a reference to lawful
occupation.
10
(6)
The following are members of the executive—
(a)
a Minister of the Crown;
(b)
a government department;
(c)
the Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Assembly Government;
15
(d)
any part of the Scottish Administration.
(7)
A reference to a breach of an equality clause or rule is a reference to a breach of
a term modified by, or included by virtue of, an equality clause or rule.
(8)
A reference to a contravention of this Act does not include a reference to a
breach of an equality clause or rule, unless there is express provision to the
20
contrary.
(9)
“Member”, in relation to an occupational pension scheme, means an active
member, a deferred member or a pensioner member (within the meaning, in
each case, given by section 124 of the Pensions Act 1995).
(10)
“Employer”, “deferred member”, “pension credit member”, “pensionable
25
service”, “pensioner member” and “trustees or managers” each have, in
relation to an occupational pension scheme, the meaning given by section 124
of the Pensions Act 1995.
(11)
A reference to the accrual of rights under an occupational pension scheme is to
be construed in accordance with that section.
30
(12)
Nothing in section 28, 32, 84, 90, 95 or 100 is to be regarded as an express
exception.
205
References to maternity leave, etc.
(1)
This section applies for the purpose of this Act.
(2)
A reference to a woman on maternity leave is a reference to a woman on—
35
(a)
compulsory maternity leave,
(b)
ordinary maternity leave, or
(c)
additional maternity leave.
(3)
A reference to a woman on compulsory maternity leave is a reference to a
woman absent from work because she satisfies the conditions prescribed for
40
the purposes of section 72(1) of the Employment Rights Act 1996.

Equality Bill
Part 15 — General and miscellaneous
128

(4)
A reference to a woman on ordinary maternity leave is a reference to a woman
absent from work because she is exercising the right to ordinary maternity
leave.
(5)
A reference to the right to ordinary maternity leave is a reference to the right
conferred by section 71(1) of the Employment Rights Act 1996.
5
(6)
A reference to a woman on additional maternity leave is a reference to a
woman absent from work because she is exercising the right to additional
maternity leave.
(7)
A reference to the right to additional maternity leave is a reference to the right
conferred by section 73(1) of the Employment Rights Act 1996.
10
(8)
“Additional maternity leave period” has the meaning given in section 73(2) of
that Act.
206
Index of defined expressions
Schedule 28 lists the places where expressions used in this Act are defined or
otherwise explained.
15
Final provisions
207
Money
There is to be paid out of money provided by Parliament any increase
attributable to this Act in the expenses of a Minister of the Crown.
208
Commencement
20
(1)
The following provisions come into force on the day on which this Act is
passed—
(a)
section 184(2);
(b)
this Part (except sections 198 and 203).
(2)
The other provisions of this Act come into force on such day as a Minister of
25
the Crown may by order appoint.
209
Extent
(1)
This Act forms part of the law of England and Wales.
(2)
This Act, apart from section 188 (improvements to let dwelling houses), forms
part of the law of Scotland.
30
(3)
Each of the following also forms part of the law of Northern Ireland—
(a)
section 82 (offshore work);
(b)
section 105(3) and (4) (expiry of Sex Discrimination (Election
Candidates) Act 2002).
210
Short title
35
This Act may be cited as the Equality Act 2010.

129
Equality Bill
Schedule 1 — Disability: supplementary provision
Part 1 — Determination of disability

Schedules
Schedule 1
Section 6

Disability: supplementary provision
Part 1
Determination of disability
5
Impairment
1
Regulations may make provision for a condition of a prescribed description
to be, or not to be, an impairment.
Long-term effects
2     (1)
The effect of an impairment is long-term if—
10
(a)
it has lasted for at least 12 months,
(b)
it is likely to last for at least 12 months, or
(c)
it is likely to last for the rest of the life of the person affected.
      (2)
If an impairment ceases to have a substantial adverse effect on a person’s
ability to carry out normal day-to-day activities, it is to be treated as
15
continuing to have that effect if that effect is likely to recur.
      (3)
For the purposes of sub-paragraph (2), the likelihood of an effect recurring
is to be disregarded in such circumstances as may be prescribed.
      (4)
Regulations may prescribe circumstances in which, despite sub-paragraph
(1), an effect is to be treated as being, or as not being, long-term.
20
Severe disfigurement
3     (1)
An impairment which consists of a severe disfigurement is to be treated as
having a substantial adverse effect on the ability of the person concerned to
carry out normal day-to-day activities.
      (2)
Regulations may provide that in prescribed circumstances a severe
25
disfigurement is not to be treated as having that effect.
      (3)
The regulations may, in particular, make provision in relation to deliberately
acquired disfigurement.
Substantial adverse effects
4
Regulations may make provision for an effect of a prescribed description on
30
the ability of a person to carry out normal day-to-day activities to be treated
as being, or as not being, a substantial adverse effect.

Equality Bill
Schedule 1 — Disability: supplementary provision
Part 1 — Determination of disability
130

Effect of medical treatment
5     (1)
An impairment is to be treated as having a substantial adverse effect on the
ability of the person concerned to carry out normal day-to-day activities if—
(a)
measures are being taken to treat or correct it, and
(b)
but for that, it would be likely to have that effect.
5
      (2)
“Measures” includes, in particular, medical treatment and the use of a
prosthesis or other aid.
      (3)
Sub-paragraph (1) does not apply—
(a)
in relation to the impairment of a person’s sight, to the extent that the
impairment is, in the person’s case, correctable by spectacles or
10
contact lenses or in such other ways as may be prescribed;
(b)
in relation to such other impairments as may be prescribed, in such
circumstances as are prescribed.
Certain medical conditions
6     (1)
Cancer, HIV infection and multiple sclerosis are each a disability.
15
      (2)
HIV infection is infection by a virus capable of causing the Acquired
Immune Deficiency Syndrome.
Deemed disability
7     (1)
Regulations may provide for persons of prescribed descriptions to be treated
as having disabilities.
20
      (2)
The regulations may prescribe circumstances in which a person who has a
disability is to be treated as no longer having the disability.
      (3)
This paragraph does not affect the other provisions of this Schedule.
Progressive conditions
8     (1)
This paragraph applies to a person (P) if—
25
(a)
P has a progressive condition,
(b)
as a result of that condition P has an impairment which has (or had)
an effect on P’s ability to carry out normal day-to-day activities, but
(c)
the effect is not (or was not) a substantial adverse effect.
      (2)
P is to be taken to have an impairment which has a substantial adverse effect
30
if the condition is likely to result in P having such an impairment.
      (3)
Regulations may make provision for a condition of a prescribed description
to be treated as being, or as not being, progressive.
Past disabilities
9     (1)
A question as to whether a person had a disability at a particular time (“the
35
relevant time”) is to be determined, for the purposes of section 6, as if the
provisions of, or made under, this Act in force when the act complained of
was done had been in force at the relevant time.
      (2)
The relevant time may be a time before the coming into force of the provision
of this Act to which the question relates.
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Equality Bill
Schedule 1 — Disability: supplementary provision
Part 2 — Guidance
131

Part 2
Guidance
Preliminary
10
This Part of this Schedule applies in relation to guidance referred to in
section 6(5).
5
Examples
11
The guidance may give examples of—
(a)
effects which it would, or would not, be reasonable, in relation to
particular activities, to regard as substantial adverse effects;
(b)
substantial adverse effects which it would, or would not, be
10
reasonable to regard as long-term.
Adjudicating bodies
12    (1)
In determining whether a person is a disabled person, an adjudicating body
must take account of such guidance as it thinks is relevant.
      (2)
An adjudicating body is—
15
(a)
a court;
(b)
a tribunal;
(c)
a person (other than a court or tribunal) who may decide a claim
relating to a contravention of Part 6 (education).
Representations
20
13
Before issuing the guidance, the Minister must—
(a)
publish a draft of it;
(b)
consider any representations made to the Minister about the draft;
(c)
make such modifications as the Minister thinks appropriate in the
light of the representations.
25
Parliamentary procedure
14    (1)
If the Minister decides to proceed with proposed guidance, a draft of it must
be laid before Parliament.
      (2)
If, before the end of the 40-day period, either House resolves not to approve
the draft, the Minister must take no further steps in relation to the proposed
30
guidance.
      (3)
If no such resolution is made before the end of that period, the Minister must
issue the guidance in the form of the draft.
      (4)
Sub-paragraph (2) does not prevent a new draft of proposed guidance being
laid before Parliament.
35
      (5)
The 40-day period—
(a)
begins on the date on which the draft is laid before both Houses (or,
if laid before each House on a different date, on the later date);

Equality Bill
Schedule 2 — Services and public functions: reasonable adjustments
132

(b)
does not include a period during which Parliament is prorogued or
dissolved;
(c)
does not include a period during which both Houses are adjourned
for more than 4 days.
Commencement
5
15
The guidance comes into force on the day appointed by order by the
Minister.
Revision and revocation
16    (1)
The Minister may—
(a)
revise the whole or part of guidance and re-issue it;
10
(b)
by order revoke guidance.
      (2)
A reference to guidance includes a reference to guidance which has been
revised and re-issued.
Schedule 2
Section 31

Services and public functions: reasonable adjustments
15
Preliminary
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part.
The duty
2     (1)
A must comply with the first, second and third requirements.
20
      (2)
For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to
a disabled person is to disabled persons generally.
      (3)
Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage”
there were substituted—
“(a)
to avoid the disadvantage, or
25
(b)
to adopt a reasonable alternative method of providing the
service or exercising the function.”
      (4)
In relation to each requirement, the relevant matter is the provision of the
service, or the exercise of the function, by A.
      (5)
Being placed at a substantial disadvantage in relation to the exercise of a
30
function means—
(a)
if a benefit is or may be conferred in the exercise of the function,
being placed at a substantial disadvantage in relation to the
conferment of the benefit, or
(b)
if a person is or may be subjected to a detriment in the exercise of the
35
function, suffering an unreasonably adverse experience when being
subjected to the detriment.