Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
95

religion or belief;
sex;
sexual orientation.
(7)
A reference to conduct that is prohibited by or under this Act includes a
reference to—
5
(a)
a breach of an equality clause or rule;
(b)
a breach of a non-discrimination rule.
(8)
Schedule 18 (exceptions) has effect.
149
Public authorities and public functions
(1)
A public authority is a person who is specified in Schedule 19.
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(2)
In that Schedule—
Part 1 specifies public authorities generally;
Part 2 specifies relevant Welsh authorities;
Part 3 specifies relevant Scottish authorities.
(3)
A public authority specified in Schedule 19 is subject to the duty imposed by
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section 148(1) in relation to the exercise of all of its functions unless subsection
(4) applies.
(4)
A public authority specified in that Schedule in respect of certain specified
functions is subject to that duty only in respect of the exercise of those
functions.
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(5)
A public function is a function that is a function of a public nature for the
purposes of the Human Rights Act 1998.
150
Power to specify public authorities
(1)
A Minister of the Crown may by order amend Part 1, 2 or 3 of Schedule 19.
(2)
The Welsh Ministers may by order amend Part 2 of Schedule 19.
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(3)
The Scottish Ministers may by order amend Part 3 of Schedule 19.
(4)
The power under subsection (1), (2) or (3) may not be exercised so as to—
(a)
add an entry to Part 1 relating to a relevant Welsh or Scottish authority
or a cross-border Welsh or Scottish authority;
(b)
add an entry to Part 2 relating to a person who is not a relevant Welsh
30
authority;
(c)
add an entry to Part 3 relating to a person who is not a relevant Scottish
authority.
(5)
A Minister of the Crown may by order amend Schedule 19 so as to make
provision relating to a cross-border Welsh or Scottish authority.
35
(6)
On the first exercise of the power under subsection (5) to add an entry relating
to a cross-border Welsh or Scottish authority to Schedule 19, a Minister of the
Crown must—
(a)
add a Part 4 to the Schedule for cross-border authorities, and
(b)
add the cross-border Welsh or Scottish authority to that Part.
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Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
96

(7)
Any subsequent exercise of the power under subsection (5) to add an entry
relating to a cross-border Welsh or Scottish authority to Schedule 19 must add
that entry to Part 4 of the Schedule.
(8)
An order may not be made under this section so as to extend the application of
section 148 unless the person making it considers that the extension relates to
5
a person by whom a public function is exercisable.
151
Power to specify public authorities: consultation and consent
(1)
Before making an order under a provision specified in the first column of the
Table, a Minister of the Crown must consult the person or persons specified in
the second column.
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Provision
Consultees

Section 150(1)
The Commission

Section 150(1), so far as relating to a
The Welsh Ministers

relevant Welsh authority

Section 150(1), so far as relating to a
The Scottish Ministers

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relevant Scottish authority

Section 150(5)
The Commission

Section 150(5), so far as relating to a
The Welsh Ministers

cross-border Welsh authority

Section 150(5), so far as relating to a
The Scottish Ministers

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cross-border Scottish authority

(2)
Before making an order under section 150(2), the Welsh Ministers must—
(a)
obtain the consent of a Minister of the Crown, and
(b)
consult the Commission.
(3)
Before making an order under section 150(3), the Scottish Ministers must—
25
(a)
obtain the consent of a Minister of the Crown, and
(b)
consult the Commission.
152
Power to impose specific duties
(1)
A Minister of the Crown may by regulations impose duties on a public
authority specified in Part 1 of Schedule 19 for the purpose of enabling the
30
better performance by the authority of the duty imposed by section 148(1).
(2)
The Welsh Ministers may by regulations impose duties on a public authority
specified in Part 2 of Schedule 19 for that purpose.
(3)
The Scottish Ministers may by regulations impose duties on a public authority
specified in Part 3 of Schedule 19 for that purpose.
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(4)
Before making regulations under this section, the person making them must
consult the Commission.

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
97

153
Power to impose specific duties: cross-border authorities
(1)
If a Minister of the Crown exercises the power in section 150(5) to add an entry
for a public authority to Part 4 of Schedule 19, the Minister must include after
the entry a letter specified in the first column of the Table in subsection (3).
(2)
Where a letter specified in the first column of the Table in subsection (3) is
5
included after an entry for a public authority in Part 4 of Schedule 19, the
person specified in the second column of the Table—
(a)
may by regulations impose duties on the authority for the purpose of
enabling the better performance by the authority of the duty imposed
by section 148(1), subject to such limitations as are specified in that
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column;
(b)
must in making the regulations comply with the procedural
requirement specified in that column.
(3)
This is the Table—

Letter
Person by whom regulations may be made and procedural

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requirements

A
Regulations may be made by a Minister of the Crown in

relation to the authority’s functions that are not

devolved Welsh functions.

The Minister of the Crown must consult the Welsh

20

Ministers before making the regulations.

Regulations may be made by the Welsh Ministers in

relation to the authority’s devolved Welsh functions.

The Welsh Ministers must consult a Minister of the

Crown before making the regulations.

25

B
Regulations may be made by a Minister of the Crown in

relation to the authority’s functions that are not

devolved Scottish functions.

The Minister of the Crown must consult the Scottish

Ministers before making the regulations.

30

Regulations may be made by the Scottish Ministers in

relation to the authority’s devolved Scottish functions.

The Scottish Ministers must consult a Minister of the

Crown before making the regulations.

C
Regulations may be made by a Minister of the Crown in

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relation to the authority’s functions that are neither

devolved Welsh functions nor devolved Scottish

functions.

The Minister of the Crown must consult the Welsh

Ministers and the Scottish Ministers before making the

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regulations.

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
98

Letter
Person by whom regulations may be made and procedural

requirements

Regulations may be made by the Welsh Ministers in

relation to the authority’s devolved Welsh functions.

The Welsh Ministers must consult a Minister of the

5

Crown before making the regulations.

Regulations may be made by the Scottish Ministers in

relation to the authority’s devolved Scottish functions.

The Scottish Ministers must consult a Minister of the

Crown before making the regulations.

10

D
The regulations may be made by a Minister of the

Crown.

The Minister of the Crown must consult the Welsh

Ministers before making the regulations.

(4)
Before making regulations under subsection (2), the person making them must
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consult the Commission.
154
Power to impose specific duties: supplementary
(1)
Regulations under section 152 or 153 may require a public authority to
consider such matters as may be specified from time to time by—
(a)
a Minister of the Crown, where the regulations are made by a Minister
20
of the Crown;
(b)
the Welsh Ministers, where the regulations are made by the Welsh
Ministers;
(c)
the Scottish Ministers, where the regulations are made by the Scottish
Ministers.
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(2)
Regulations under section 152 or 153 may impose duties on a public authority
that is a contracting authority within the meaning of the Public Sector Directive
in connection with its public procurement functions.
(3)
In subsection (2)—
“public procurement functions” means functions the exercise of which is
30
regulated by the Public Sector Directive;
“the Public Sector Directive” means Directive 2004/18/EC of the
European Parliament and of the Council of 31 March 2004 on the
coordination of procedures for the award of public works contracts,
public supply contracts and public service contracts, as amended from
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time to time.
(4)
Subsections (1) and (2) do not affect the generality of section 152 or 153(2)(a).
(5)
A duty imposed on a public authority under section 152 or 153 may be
modified or removed by regulations made by—
(a)
a Minister of the Crown, where the original duty was imposed by
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regulations made by a Minister of the Crown;

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
99

(b)
the Welsh Ministers, where the original duty was imposed by
regulations made by the Welsh Ministers;
(c)
the Scottish Ministers, where the original duty was imposed by
regulations made by the Scottish Ministers.
155
Enforcement
5
A failure in respect of a performance of a duty imposed by or under this
Chapter does not confer a cause of action at private law.
156
Interpretation
(1)
This section applies for the purposes of this Chapter.
(2)
A relevant Welsh authority is a person (other than the Assembly Commission)
10
whose functions—
(a)
are exercisable only in or as regards Wales, and
(b)
are wholly or mainly devolved Welsh functions.
(3)
A cross-border Welsh authority is a person other than a relevant Welsh
authority (or the Assembly Commission) who has any function that—
15
(a)
is exercisable in or as regards Wales, and
(b)
is a devolved Welsh function.
(4)
The Assembly Commission has the same meaning as in the Government of
Wales Act 2006.
(5)
A function is a devolved Welsh function if it relates to—
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(a)
a matter in respect of which functions are exercisable by the Welsh
Ministers, the First Minister for Wales or the Counsel General to the
Welsh Assembly Government, or
(b)
a matter within the legislative competence of the National Assembly for
Wales.
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(6)
A relevant Scottish authority is a public body, public office or holder of a public
office—
(a)
which is not a cross-border Scottish authority or the Scottish
Parliamentary Corporate Body,
(b)
whose functions are exercisable only in or as regards Scotland, and
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(c)
at least some of whose functions do not relate to reserved matters.
(7)
A cross-border Scottish authority is a cross-border public authority within the
meaning given by section 88(5) of the Scotland Act 1998.
(8)
A function is a devolved Scottish function if it—
(a)
is exercisable in or as regards Scotland, and
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(b)
does not relate to reserved matters.
(9)
Reserved matters has the same meaning as in the Scotland Act 1998.

Equality Bill
Part 11 — Advancement of equality
Chapter 2 — Positive action
100

Chapter 2
Positive action
157
Positive action: general
(1)
This section applies if a person (P) reasonably thinks that—
(a)
persons who share a protected characteristic suffer a disadvantage
5
connected to the characteristic,
(b)
persons who share a protected characteristic have needs that are
different from the needs of persons who do not share it, or
(c)
participation in an activity by persons who share a protected
characteristic is disproportionately low.
10
(2)
This Act does not prohibit P from taking any action which is a proportionate
means of achieving the aim of—
(a)
enabling or encouraging persons who share the protected characteristic
to overcome or minimise that disadvantage,
(b)
meeting those needs, or
15
(c)
enabling or encouraging persons who share the protected characteristic
to participate in that activity.
(3)
Regulations may specify action, or descriptions of action, to which subsection
(2) does not apply.
(4)
This section does not apply to—
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(a)
action within section 158(3), or
(b)
anything that is permitted by virtue of section 104.
(5)
If section 104(7) is repealed by virtue of section 105, this section will not apply
to anything that would have been so permitted but for the repeal.
(6)
This section does not enable P to do anything that is prohibited by or under an
25
enactment other than this Act.
158
Positive action: recruitment and promotion
(1)
This section applies if a person (P) reasonably thinks that—
(a)
persons who share a protected characteristic suffer a disadvantage
connected to the characteristic, or
30
(b)
participation in an activity by persons who share a protected
characteristic is disproportionately low.
(2)
Part 5 (work) does not prohibit P from taking action within subsection (3) with
the aim of enabling or encouraging persons who share the protected
characteristic to—
35
(a)
overcome or minimise that disadvantage, or
(b)
participate in that activity.
(3)
That action is treating a person (A) more favourably in connection with
recruitment or promotion than another person (B) because A has the protected
characteristic but B does not.
40
(4)
But subsection (2) applies only if—
(a)
A is as qualified as B to be recruited or promoted, and

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
101

(b)
P does not have a policy of treating persons who share the protected
characteristic more favourably in connection with recruitment or
promotion than persons who do not share it.
(5)
“Recruitment” means a process for deciding whether to—
(a)
offer employment to a person,
5
(b)
make contract work available to a contract worker,
(c)
offer a person a position as a partner in a firm or proposed firm,
(d)
offer a person a position as a member of an LLP or proposed LLP,
(e)
offer a person a pupillage or tenancy in barristers’ chambers,
(f)
take a person as an advocate’s devil or offer a person membership of an
10
advocate’s stable,
(g)
offer a person an appointment to a personal office,
(h)
offer a person an appointment to a public office, recommend a person
for such an appointment or approve a person’s appointment to a public
office, or
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(i)
offer a person a service for finding employment.
(6)
This section does not enable P to do anything that is prohibited by or under an
enactment other than this Act.
Part 12
Disabled persons: transport
20
Chapter 1
Taxis etc.
159
Taxi accessibility regulations
(1)
The Secretary of State may make regulations (in this Chapter referred to as
“taxi accessibility regulations”) for securing that it is possible for disabled
25
persons—
(a)
to get into and out of taxis in safety;
(b)
to do so while in wheelchairs;
(c)
to travel in taxis in safety and reasonable comfort;
(d)
to do so while in wheelchairs.
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(2)
The regulations may, in particular, require a regulated taxi to conform with
provision as to—
(a)
the size of a door opening for the use of passengers;
(b)
the floor area of the passenger compartment;
(c)
the amount of headroom in the passenger compartment;
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(d)
the fitting of restraining devices designed to ensure the stability of a
wheelchair while the taxi is moving.
(3)
The regulations may also—
(a)
require the driver of a regulated taxi which is plying for hire, or which
has been hired, to comply with provisions as to the carrying of ramps
40
or other devices designed to facilitate the loading and unloading of
wheelchairs;