Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 8 — Prohibited conduct: ancillary
68

(3)
It does not matter whether the relationship ends before or after the
commencement of this section.
(4)
A duty to make reasonable adjustments applies to A in so far as B continues to
be placed at a substantial disadvantage as mentioned in section 20.
(5)
For the purposes of subsection (4), sections 20, 21 and 22 and the applicable
5
Schedules are to be construed as if the relationship had not ended.
(6)
For the purposes of Part 9 (enforcement), a contravention of this section relates
to the Part of this Act that would have been contravened if the relationship had
not ended.
(7)
But conduct is not a contravention of this section in so far as it also amounts to
10
victimisation of B by A.
108
Liability of employers and principals
(1)
Anything done by a person (A) in the course of A’s employment must be
treated as also done by the employer.
(2)
Anything done by an agent for a principal, with the authority of the principal,
15
must be treated as also done by the principal.
(3)
It does not matter whether the thing is done with the employer’s or principal’s
knowledge or approval.
(4)
In proceedings against A’s employer (B) in respect of anything alleged to have
been done by A in the course of A’s employment it is a defence for B to show
20
that B took all reasonable steps to prevent A—
(a)
from doing the thing, or
(b)
from doing anything of that description.
(5)
This section does not apply to offences under this Act (other than offences
under Part 12 (disabled persons: transport)).
25
109
Liability of employees and agents
(1)
A person (A) contravenes this section if—
(a)
A is an employee or agent,
(b)
A does a thing which, by virtue of section 108(1) or (2), is treated as
having been done by A’s employer or principal (as the case may be),
30
and
(c)
the doing of the thing by A amounts to a contravention of this Act by
the employer or principal (as the case may be).
(2)
It does not matter whether, in any proceedings, the employer is found not to
have contravened this Act by virtue of section 108(4).
35
(3)
A does not contravene this section if—
(a)
A relies on a statement by the employer or principal that doing the
thing is not a contravention of this Act, and
(b)
it is reasonable for A to do so.
(4)
A person (B) commits an offence if B knowingly or recklessly makes a
40
statement mentioned in subsection (3)(a) which is false or misleading in a
material respect.

Equality Bill
Part 8 — Prohibited conduct: ancillary
69

(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(6)
Part 9 (enforcement) applies to a contravention of this section by A as if it were
the contravention mentioned in subsection (1)(c).
(7)
The reference in subsection (1)(c) to a contravention of this Act does not include
5
a reference to disability discrimination in contravention of Chapter 1 of Part 6
(schools).
110
Instructing, causing or inducing discrimination
(1)
A person (A) must not instruct another (B) to do in relation to a third person
(C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 107(1) or (2) or
10
111(1) (a basic contravention).
(2)
A person (A) must not cause another (B) to do in relation to a third person (C)
anything which is a basic contravention.
(3)
A person (A) must not induce another (B) to do in relation to a third person (C)
anything which is a basic contravention.
15
(4)
For the purposes of subsection (3), inducement may be direct or indirect.
(5)
Proceedings for a contravention of this section may be brought—
(a)
by B, if B is subjected to a detriment as a result of A’s conduct;
(b)
by C, if C is subjected to a detriment as a result of A’s conduct;
(c)
by the Commission.
20
(6)
For the purposes of subsection (5), it does not matter whether—
(a)
the basic contravention occurs;
(b)
any other proceedings are, or may be, brought in relation to A’s
conduct.
(7)
This section does not apply unless the relationship between A and B is such
25
that A is in a position to commit a basic contravention in relation to B.
(8)
A reference in this section to causing or inducing a person to do a thing
includes a reference to attempting to cause or induce the person to do the thing.
(9)
For the purposes of Part 9 (enforcement), a contravention of this section is to be
treated as relating—
30
(a)
in a case within subsection (5)(a), to the Part of this Act which, because
of the relationship between A and B, A is in a position to contravene in
relation to B;
(b)
in a case within subsection (5)(b), to the Part of this Act which, because
of the relationship between B and C, B is in a position to contravene in
35
relation to C.
111
Aiding contraventions
(1)
A person (A) must not knowingly help another (B) to do anything which
contravenes Part 3, 4, 5, 6 or 7 or section 107(1) or (2) or 110 (a basic
contravention).
40
(2)
It is not a contravention of subsection (1) if—

Equality Bill
Part 9 — Enforcement
Chapter 1 — Introductory
70

(a)
A relies on a statement by B that the act for which the help is given does
not contravene this Act, and
(b)
it is reasonable for A to do so.
(3)
B commits an offence if B knowingly or recklessly makes a statement
mentioned in subsection (2)(a) which is false or misleading in a material
5
respect.
(4)
A person guilty of an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(5)
For the purposes of Part 9 (enforcement), a contravention of this section is to be
treated as relating to the provision of this Act to which the basic contravention
10
relates.
(6)
The reference in subsection (1) to a basic contravention does not include a
reference to disability discrimination in contravention of Chapter 1 of Part 6
(schools).
Part 9
15
Enforcement
Chapter 1
Introductory
112
Proceedings
(1)
Proceedings relating to a contravention of this Act must be brought in
20
accordance with this Part.
(2)
Subsection (1) does not apply to proceedings under Part 1 of the Equality Act
2006 (c. 3).
(3)
Subsection (1) does not prevent—
(a)
a claim for judicial review;
25
(b)
proceedings under the Immigration Acts;
(c)
proceedings under the Special Immigration Appeals Commission Act
1997 (c. 68);
(d)
in Scotland, an application to the supervisory jurisdiction of the Court
of Session.
30
(4)
This section is subject to any express provision of this Act conferring
jurisdiction on a court or tribunal.
(5)
The reference to a contravention of this Act includes a reference to a breach of
an equality clause or rule.
(6)
Chapters 2 and 3 do not apply to proceedings relating to an equality clause or
35
rule except in so far as Chapter 4 provides for that.
(7)
This section does not apply to—
(a)
proceedings for an offence under this Act;
(b)
proceedings relating to a penalty under Part 12 (disabled persons:
transport).
40

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
71

Chapter 2
Civil courts
113
Jurisdiction
(1)
A county court or, in Scotland, the sheriff has jurisdiction to determine a claim
relating to—
5
(a)
a contravention of Part 3 (services and public functions);
(b)
a contravention of Part 4 (premises);
(c)
a contravention of Part 6 (education);
(d)
a contravention of Part 7 (associations);
(e)
a contravention of section 107, 110 or 111 that relates to Part 3, 4, 6 or 7.
10
(2)
Subsection (1)(a) does not apply to a claim within section 114.
(3)
Subsection (1)(c) does not apply to a claim within section 115.
(4)
For the purposes of proceedings on a claim within subsection (1)(a)—
(a)
a decision in proceedings on a claim mentioned in section 114(1) that an
act is a contravention of Part 3 is binding;
15
(b)
it does not matter whether the act occurs outside the United Kingdom.
(5)
The county court or sheriff—
(a)
must not grant an interim injunction or interdict unless satisfied that no
criminal matter would be prejudiced by doing so;
(b)
must grant an application to stay or sist proceedings under subsection
20
(1) on grounds of prejudice to a criminal matter unless satisfied the
matter will not be prejudiced.
(6)
In proceedings in England and Wales on a claim within subsection (1), the
power under section 63(1) of the County Courts Act 1984 (c. 28) (appointment
of assessors) must be exercised unless the judge is satisfied that there are good
25
reasons for not doing so.
(7)
In proceedings in Scotland on a claim within subsection (1), the power under
rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of
assessors) must be exercised unless the sheriff is satisfied that there are good
reasons for not doing so.
30
(8)
The remuneration of an assessor appointed by virtue of subsection (7) is to be
at a rate determined by the Lord President of the Court of Session.
114
Immigration cases
(1)
A claim is within this section if it relates to the act of an immigration authority
in taking a relevant decision and—
35
(a)
the question whether the act is a contravention of Part 3 has been or
could be raised on an appeal which is pending, or could be brought,
under the immigration provisions, or
(b)
it has been decided on an appeal under those provisions that the act is
not a contravention of Part 3.
40
(2)
The relevant decision is not—

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
72

(a)
subject to challenge in proceedings on a claim within section 113(1)(a),
or
(b)
affected by the decision of a court in such proceedings.
(3)
For the purposes of subsection (1)(a) a power to grant permission to appeal out
of time must be ignored.
5
(4)
Each of the following is an immigration authority—
(a)
the Secretary of State;
(b)
an immigration officer;
(c)
a person responsible for the grant or refusal of entry clearance (within
the meaning of section 33(1) of the Immigration Act 1971 (c. 77)).
10
(5)
The immigration provisions are—
(a)
the Special Immigration Appeals Commission Act 1997 (c. 68), or
(b)
Part 5 of the Nationality, Immigration and Asylum Act 2002 (c. 41).
(6)
A relevant decision is—
(a)
a decision under the Immigration Acts relating to the entitlement of a
15
person to enter or remain in the United Kingdom;
(b)
a decision on an appeal under the immigration provisions relating to a
decision within paragraph (a).
(7)
An appeal is pending if it is pending for the purposes of section 104 of the
Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the
20
purposes of that section as it is applied by section 2(2)(j) of the Special
Immigration Appeals Commission Act 1997.
115
Education cases
(1)
A claim is within this section if it may be made to—
(a)
the First-tier Tribunal in accordance with Part 2 of Schedule 17,
25
(b)
the Special Educational Needs Tribunal for Wales in accordance with
Part 2 of that Schedule, or
(c)
an Additional Support Needs Tribunal for Scotland in accordance with
Part 3 of that Schedule.
(2)
A claim is also within this section if it must be made in accordance with appeal
30
arrangements within the meaning of Part 4 of that Schedule.
(3)
Schedule 17 (disabled pupils: enforcement) has effect.
116
National security
(1)
Rules of court may, in relation to proceedings on a claim within section 113,
confer power as mentioned in subsections (2) to (4); but a power so conferred
35
is exercisable only if the court thinks it expedient to do so in the interests of
national security.
(2)
The rules may confer power to exclude from all or part of the proceedings—
(a)
the claimant or pursuer;
(b)
a representative of the claimant or pursuer;
40
(c)
an assessor.

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
73

(3)
The rules may confer power to permit a claimant, pursuer or representative
who has been excluded to make a statement to the court before the
commencement of the proceedings, or part of the proceedings, to which the
exclusion relates.
(4)
The rules may confer power to take steps to keep secret all or part of the
5
reasons for the court’s decision.
(5)
The Attorney General or, in Scotland, the Advocate General for Scotland may
appoint a person to represent the interests of a claimant or pursuer in, or in any
part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b)
relates.
10
(6)
A person (P) may be appointed under subsection (5) only if—
(a)
in relation to proceedings in England and Wales, P is a person who, for
the purposes of the Legal Services Act 2007, is an authorised person in
relation to an activity which constitutes the exercise of a right of
audience or the conduct of litigation;
15
(b)
in relation to proceedings in Scotland, P is an advocate or qualified to
practice as a solicitor in Scotland.
(7)
P is not responsible to the person whose interests P is appointed to represent.
117
Time limits
(1)
Proceedings on a claim within section 113 may not be brought after the end
20
of—
(a)
the period of 6 months starting with the date of the act to which the
claim relates, or
(b)
such other period as the county court or sheriff thinks just and
equitable.
25
(2)
If subsection (3) or (4) applies, subsection (1)(a) has effect as if for “6 months”
there were substituted “9 months”.
(3)
This subsection applies if—
(a)
the claim relates to the act of a qualifying institution, and
(b)
a complaint relating to the act is referred under the student complaints
30
scheme before the end of the period of 6 months starting with the date
of the act.
(4)
This subsection applies if—
(a)
the claim relates to a dispute referred for conciliation in pursuance of
arrangements under section 27 of the Equality Act 2006 (c. 3), and
35
(b)
subsection (3) does not apply.
(5)
If it has been decided under the immigration provisions that the act of an
immigration authority in taking a relevant decision is a contravention of Part 3
(services and public functions), subsection (1) has effect as if for paragraph (a)
there were substituted—
40
“(a)
the period of 6 months starting with the day after the expiry of
the period during which, as a result of section 113(2),
proceedings could not be brought in reliance on section
113(1)(a);”.
(6)
For the purposes of this section—
45

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
74

(a)
conduct extending over a period is to be treated as done at the end of
the period;
(b)
failure to do a thing is to be treated as occurring when the person in
question decided on it.
(7)
In the absence of evidence to the contrary, a person (P) is to be taken to decide
5
on failure to do a thing—
(a)
when P does an act inconsistent with doing the thing, or
(b)
if P does no inconsistent act, on the expiry of the period in which P
might reasonably have been expected to do the thing.
(8)
In this section—
10
“immigration authority”, “immigration provisions” and “relevant
decision” each have the meaning given in section 114;
“qualifying institution” has the meaning given in section 11 of the Higher
Education Act 2004 (c. 8);
“the student complaints scheme” means a scheme for the review of
15
qualifying complaints (within the meaning of section 12 of that Act)
that is provided by the designated operator (within the meaning of
section 13(5)(b) of that Act).
118
Remedies
(1)
This section applies if a county court or the sheriff finds that there has been a
20
contravention of a provision referred to in section 113(1).
(2)
The county court has power to grant any remedy which could be granted by
the High Court—
(a)
in proceedings in tort;
(b)
on a claim for judicial review.
25
(3)
The sheriff has power to make any order which could be made by the Court of
Session—
(a)
in proceedings for reparation;
(b)
on a petition for judicial review.
(4)
An award of damages may include compensation for injured feelings (whether
30
or not it includes compensation on any other basis).
(5)
Subsection (6) applies if the county court or sheriff—
(a)
finds that a contravention of a provision referred to in section 113(1) is
established by virtue of section 19, but
(b)
is satisfied that the provision, criterion or practice was not applied with
35
the intention of discriminating against the claimant or pursuer.
(6)
The county court or sheriff must not make an award of damages unless it first
considers whether to make any other disposal.
(7)
The county court or sheriff must not grant a remedy other than an award of
damages or the making of a declaration unless satisfied that no criminal matter
40
would be prejudiced by doing so.