Equality Bill

House of Lords

Session 2009 - 10
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 2 — Services and public functions: reasonable adjustments
133

      (6)
In relation to the second requirement, a physical feature includes a physical
feature brought by or on behalf of A, in the course of providing the service
or exercising the function, on to premises other than those that A occupies
(as well as including a physical feature in or on premises that A occupies).
      (7)
If A is a service-provider, nothing in this paragraph requires A to take steps
5
which would fundamentally alter—
(a)
the nature of the service;
(b)
the nature of A’s trade or profession.
      (8)
If A exercises a public function, nothing in this paragraph requires A to take
a step which A has no power to take.
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Special provision about transport
3     (1)
This paragraph applies where A is concerned with the provision of a service
which involves transporting people by land, air or water.
      (2)
It is never reasonable for A to have to take a step which would—
(a)
involve the alteration or removal of a physical feature of a vehicle
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used in providing the service;
(b)
affect whether vehicles are provided;
(c)
affect what vehicles are provided;
(d)
affect what happens in the vehicle while someone is travelling in it.
      (3)
But, for the purpose of complying with the first or third requirement, A may
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not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—
(a)
a hire-vehicle designed and constructed for the carriage of
passengers, comprising more than 8 seats in addition to the driver’s
seat and having a maximum mass not exceeding 5 tonnes,
(b)
a hire-vehicle designed and constructed for the carriage of goods and
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having a maximum mass not exceeding 3.5 tonnes,
(c)
a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire
Vehicles (London) Act 1998 (or under a provision of a local Act
corresponding to either of those provisions),
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(d)
a private hire car (within the meaning of section 23 of the Civic
Government (Scotland) Act 1982),
(e)
a public service vehicle (within the meaning given by section 1 of the
Public Passenger Vehicles Act 1981),
(f)
a vehicle built or adapted to carry passengers on a railway or
35
tramway (within the meaning, in each case, of the Transport and
Works Act 1992),
(g)
a taxi,
(h)
a vehicle deployed to transport the driver and passengers of a vehicle
that has broken down or is involved in an accident, or
40
(i)
a vehicle deployed on a system using a mode of guided transport
(within the meaning of the Transport and Works Act 1992).
      (4)
In so far as the second requirement requires A to adopt a reasonable
alternative method of providing the service to disabled persons, A may not,
for the purpose of complying with the requirement, rely on sub-paragraph
45
(2)(b)(c) or (d) if the vehicle is within sub-paragraph (3)(h).

Equality Bill
Schedule 2 — Services and public functions: reasonable adjustments
134

      (5)
A may not, for the purpose of complying with the first, second or third
requirement rely on sub-paragraph (2) of this paragraph if A provides the
service by way of a hire-vehicle built to carry no more than eight passengers.
      (6)
For the purposes of sub-paragraph (5) in its application to the second
requirement, a part of a vehicle is to be regarded as a physical feature if it
5
requires alteration in order to facilitate the provision of—
(a)
hand controls to enable a disabled person to operate braking and
accelerator systems in the vehicle, or
(b)
facilities for the stowage of a wheelchair.
      (7)
For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical
10
systems are not physical features; and for the purposes of sub-paragraph
(6)(b), fixed seating is not a physical feature.
      (8)
In the case of a vehicle within sub-paragraph (3), a relevant device is not an
auxiliary aid for the purposes of the third requirement.
      (9)
A relevant device is a device or structure, or equipment, the installation,
15
operation or maintenance of which would necessitate making a permanent
alteration to, or which would have a permanent effect on, the internal or
external fabric of the vehicle.
     (10)
Regulations may amend this paragraph so as to provide for sub-paragraph
(2) not to apply, or to apply only so far as is prescribed, in relation to vehicles
20
of a prescribed description.
Interpretation
4     (1)
This paragraph applies for the purposes of paragraph 3.
      (2)
A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring
agreement to which section 66 of the Road Traffic Offenders Act 1988
25
applies.
      (3)
A “taxi”, in England and Wales, is a vehicle—
(a)
licensed under section 37 of the Town Police Clauses Act 1847,
(b)
licensed under section 6 of the Metropolitan Public Carriage Act
1869, or
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(c)
drawn by one or more persons or animals.
      (4)
A “taxi”, in Scotland, is—
(a)
a hire car engaged, by arrangements made in a public place between
the person to be transported (or a person acting on that person’s
behalf) and the driver, for a journey starting there and then, or
35
(b)
a vehicle drawn by one or more persons or animals.

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 1 — Constitutional matters
135

Schedule 3
Section 31

Services and public functions: exceptions
Part 1
Constitutional matters
Parliament
5
1     (1)
Section 29 does not apply to the exercise of—
(a)
a function of Parliament;
(b)
a function exercisable in connection with proceedings in Parliament.
      (2)
Sub-paragraph (1) does not permit anything to be done in contravention of
that section to or in relation to an individual unless it is done by or in
10
pursuance of a resolution or other deliberation of either House or of a
Committee of either House.
Legislation
2     (1)
Section 29 does not apply to preparing, making or considering—
(a)
an Act of Parliament;
15
(b)
a Bill for an Act of Parliament;
(c)
an Act of the Scottish Parliament;
(d)
a Bill for an Act of the Scottish Parliament;
(e)
an Act of the National Assembly for Wales;
(f)
a Bill for an Act of the National Assembly for Wales.
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      (2)
Section 29 does not apply to preparing, making, approving or considering—
(a)
a Measure of the National Assembly for Wales;
(b)
a proposed Measure of the National Assembly for Wales.
      (3)
Section 29 does not apply to preparing, making, confirming, approving or
considering an instrument which is made under an enactment by—
25
(a)
a Minister of the Crown;
(b)
the Scottish Ministers or a member of the Scottish Executive;
(c)
the Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Assembly Government.
      (4)
Section 29 does not apply to preparing, making, confirming, approving or
30
considering an instrument to which paragraph 6(a) of Schedule 2 to the
Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts
of Synod, orders, etc.) applies.
      (5)
Section 29 does not apply to anything done in connection with the
preparation, making, consideration, approval or confirmation of an
35
instrument made—
(a)
by Her Majesty in Council;
(b)
by the Privy Council.
      (6)
Section 29 does not apply to anything done in connection with the
imposition of a requirement or condition which comes within Schedule 22.
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Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 2 — Education
136

Judicial functions
3     (1)
Section 29 does not apply to—
(a)
a judicial function;
(b)
anything done on behalf of, or on the instructions of, a person
exercising a judicial function;
5
(c)
a decision not to commence or continue criminal proceedings;
(d)
anything done for the purpose of reaching, or in pursuance of, a
decision not to commence or continue criminal proceedings.
      (2)
A reference in sub-paragraph (1) to a judicial function includes a reference
to a judicial function conferred on a person other than a court or tribunal.
10
Armed forces
4     (1)
Section 29(6), so far as relating to relevant discrimination, does not apply to
anything done for the purpose of ensuring the combat effectiveness of the
armed forces.
      (2)
“Relevant discrimination” is—
15
(a)
age discrimination;
(b)
disability discrimination;
(c)
gender reassignment discrimination;
(d)
sex discrimination.
Security services, etc.
20
5
Section 29 does not apply to—
(a)
the Security Service;
(b)
the Secret Intelligence Service;
(c)
the Government Communications Headquarters;
(d)
a part of the armed forces which is, in accordance with a requirement
25
of the Secretary of State, assisting the Government Communications
Headquarters.
Part 2
Education
6
In its application to a local authority in England and Wales, section 29, so far
30
as relating to age discrimination or religious or belief-related discrimination,
does not apply to—
(a)
the exercise of the authority’s functions under section 14 of the
Education Act 1996 (c. 56) (provision of schools);
(b)
the exercise of its function under section 13 of that Act in so far as it
35
relates to a function of its under section 14 of that Act.
7
In its application to an education authority, section 29, so far as relating to
age discrimination or religious or belief-related discrimination, does not
apply to—
(a)
the exercise of the authority’s functions under section 17 of the
40
Education (Scotland) Act 1980 (provision of schools);

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 2 — Education
137

(b)
the exercise of its functions under section 1 of that Act, section 2 of
the Standards in Scotland’s Schools etc. Act 2000 (asp 6) or section 4
or 5 of the Education (Additional Support for Learning) (Scotland)
Act 2004 (asp 4) (general responsibility for education) in so far as it
relates to a matter specified in paragraph (a);
5
(c)
the exercise of its functions under subsection (1) of section 50 of the
Education (Scotland) Act 1980 (education of pupils in exceptional
circumstances) in so far as it consists of making arrangements of the
description referred to in subsection (2) of that section.
8     (1)
In its application to a local authority in England and Wales or an education
10
authority, section 29, so far as relating to sex discrimination, does not apply
to the exercise of the authority’s functions in relation to the establishment of
a school.
      (2)
But nothing in sub-paragraph (1) is to be taken as disapplying section 29 in
relation to the exercise of the authority’s functions under section 14 of the
15
Education Act 1996 or section 17 of the Education (Scotland) Act 1982.
9
Section 29, so far as relating to age discrimination, does not apply in relation
to anything done in connection with—
(a)
the curriculum of a school,
(b)
admission to a school,
20
(c)
transport to or from a school, or
(d)
the establishment, alteration or closure of schools.
10    (1)
Section 29, so far as relating to disability discrimination, does not require a
local authority in England or Wales exercising functions under the
Education Acts or an education authority exercising relevant functions—
25
(a)
to remove or alter a physical feature;
(b)
to provide auxiliary aids or services.
      (2)
Relevant functions are functions under—
(a)
the Education (Scotland) Act 1980,
(b)
the Education (Scotland) Act 1996,
30
(c)
the Standards in Scotland’s Schools etc. Act 2000, or
(d)
the Education (Additional Support for Learning) (Scotland) Act
2004.
11
Section 29, so far as relating to religious or belief-related discrimination,
does not apply in relation to anything done in connection with—
35
(a)
the curriculum of a school;
(b)
admission to a school which has a religious ethos;
(c)
acts of worship or other religious observance organised by or on
behalf of a school (whether or not forming part of the curriculum);
(d)
the responsible body of a school which has a religious ethos;
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(e)
transport to or from a school;
(f)
the establishment, alteration or closure of schools.
12
This Part of this Schedule is to be construed in accordance with Chapter 1 of
Part 6.

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 3 — Health and care
138

Part 3
Health and care
Blood services
13    (1)
A person operating a blood service does not contravene section 29 only by
refusing to accept a donation of an individual’s blood if—
5
(a)
the refusal is because of an assessment of the risk to the public, or to
the individual, based on clinical, epidemiological or other data
obtained from a source on which it is reasonable to rely, and
(b)
the refusal is reasonable.
      (2)
A blood service is a service for the collection and distribution of human
10
blood for the purposes of medical services.
      (3)
“Blood” includes blood components.
Health and safety
14    (1)
A service-provider (A) who refuses to provide the service to a pregnant
woman does not discriminate against her in contravention of section 29
15
because she is pregnant if—
(a)
A reasonably believes that providing her with the service would,
because she is pregnant, create a risk to her health or safety,
(b)
A refuses to provide the service to persons with other physical
conditions, and
20
(c)
the reason for that refusal is that A reasonably believes that
providing the service to such persons would create a risk to their
health or safety.
      (2)
A service-provider (A) who provides, or offers to provide, the service to a
pregnant woman on conditions does not discriminate against her in
25
contravention of section 29 because she is pregnant if—
(a)
the conditions are intended to remove or reduce a risk to her health
or safety,
(b)
A reasonably believes that the provision of the service without the
conditions would create a risk to her health or safety,
30
(c)
A imposes conditions on the provision of the service to persons with
other physical conditions, and
(d)
the reason for the imposition of those conditions is that A reasonably
believes that the provision of the service to such persons without
those conditions would create a risk to their health or safety.
35
Care within the family
15
A person (A) does not contravene section 29 only by participating in
arrangements under which (whether or not for reward) A takes into A’s
home, and treats as members of A’s family, persons requiring particular care
and attention.
40

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 4 — Immigration
139

Part 4
Immigration
Disability
16    (1)
This paragraph applies in relation to disability discrimination.
      (2)
Section 29 does not apply to—
5
(a)
a decision within sub-paragraph (3);
(b)
anything done for the purposes of or in pursuance of a decision
within that sub-paragraph.
      (3)
A decision is within this sub-paragraph if it is a decision (whether or not
taken in accordance with immigration rules) to do any of the following on
10
the ground that doing so is necessary for the public good—
(a)
to refuse entry clearance;
(b)
to refuse leave to enter or remain in the United Kingdom;
(c)
to cancel leave to enter or remain in the United Kingdom;
(d)
to vary leave to enter or remain in the United Kingdom;
15
(e)
to refuse an application to vary leave to enter or remain in the United
Kingdom.
      (4)
Section 29 does not apply to—
(a)
a decision taken, or guidance given, by the Secretary of State in
connection with a decision within sub-paragraph (3);
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(b)
a decision taken in accordance with guidance given by the Secretary
of State in connection with a decision within that sub-paragraph.
Nationality and ethnic or national origins
17    (1)
This paragraph applies in relation to race discrimination so far as relating
to—
25
(a)
nationality, or
(b)
ethnic or national origins.
      (2)
Section 29 does not apply to anything done by a relevant person in the
exercise of functions exercisable by virtue of a relevant enactment.
      (3)
A relevant person is—
30
(a)
a Minister of the Crown acting personally, or
(b)
a person acting in accordance with a relevant authorisation.
      (4)
A relevant authorisation is a requirement imposed or express authorisation
given—
(a)
with respect to a particular case or class of case, by a Minister of the
35
Crown acting personally;
(b)
with respect to a particular class of case, by a relevant enactment or
by an instrument made under or by virtue of a relevant enactment.
      (5)
The relevant enactments are—
(a)
the Immigration Acts,
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(b)
the Special Immigration Appeals Commission Act 1997,