Equality Bill
FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 7th January 2010, as follows—
Clause 83
Schedules 8 and 9
Clauses 84 to 88
Schedule 10
Clause 89
Schedule 11
Clauses 90 to 94
Schedule 12
Clauses 95 to 98
Schedule 13
Clause 99
Schedule 14
Clauses 100 to 106
Schedules 15 and 16
Clauses 107 to 115
Schedule 17
Clauses 116 to 148
Schedule 18
Clause 149 | Schedule 19
Clauses 150 to 184
Schedule 20
Clauses 185 to 187
Schedule 21
Clauses 188 and 189
Schedule 22
Clauses 190 to 194
Schedule 23
Clauses 195 and 196
Schedule 24
Clauses 197 and 198
Schedule 25
Clauses 199 to 203
Schedules 26 and 27
Clauses 204 to 206
Schedule 28
Clauses 207 to 210 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 97A | Page 156, line 9, leave out "and third" and insert ", third and fourth" |
| 97B | Page 156, line 18, leave out "and third" and insert ", third and fourth" |
| 97C | Page 157, line 16, leave out "and third" and insert ", third and fourth" |
| 97D | Page 162, line 34, leave out "or third" and insert ", third or fourth" |
| 97E | Page 165, line 3, leave out paragraph (f) |
| | LORD BISHOP OF WINCHESTER |
| 98 | Page 165, line 5, leave out "application is a proportionate means of complying" and insert "requirement is applied so as to comply" |
| 99 | Page 165, line 8, leave out "application is a proportionate means of avoiding conflict" and insert "requirement is applied so as to avoid conflicting" |
| | BARONESS ROYALL OF BLAISDON |
| 99A | Page 165, line 10, at end insert— |
| "( ) | Employment is for the purposes of an organised religion only if— |
| (a) | the employment is as a minister of religion, or |
| (b) | the employment is in another post that exists (or, where the post has not previously been filled, that would exist) to promote or represent the religion or to explain the doctrines of the religion (whether to followers of the religion or to others)." |
| | LORD BISHOP OF WINCHESTER |
| 100 | Page 165, line 13, leave out sub-paragraph (8) |
| | BARONESS TURNER OF CAMDEN |
| 100A | Page 165, line 13, at end insert "purpose of the" |
| | BARONESS TURNER OF CAMDEN |
| 101ZA* | Page 165, line 26, leave out "an" and insert "a genuine" |
| 101A | Page 165, line 31, at end insert— |
| "(d) | A is not operating as a public authority, on behalf of a public authority or operating in relation to a contract with public authorities." |
| | LORD LESTER OF HERNE HILL |
| 101B | Page 165, line 31, at end insert— |
| | "Paragraph 3 does not apply when A is operating— |
| (a) | on behalf of a public authority, and |
| (b) | under the terms of contract between the organisation and the public authority." |
| | BARONESS TURNER OF CAMDEN |
| 101C* | Page 165, line 31, at end insert— |
| | "The exception under paragraph 3 shall not be used to justify discrimination on any other protected ground." |
| 101D | Page 165, line 39, at end insert— |
| "( ) | a requirement not to be a disabled person" |
| 101E | Page 165, line 40, leave out "or disability" |
| 101F | Page 165, line 41, leave out from "forces;" to end of line 42 |
| | LORD LESTER OF HERNE HILL |
| 102 | Page 167, line 2, leave out paragraph 8 |
| 103 | Page 167, line 13, leave out paragraph 9 |
| | BARONESS TURNER OF CAMDEN |
| 104 | Page 167, line 24, at end insert— |
| "( ) | The Secretary of State may by regulations require employers with more than 250 employees to provide an age profile of those in employment, with particular reference to those aged 50 years and over." |
| | LORD LESTER OF HERNE HILL |
| 105 | Page 54, line 33, leave out paragraph (c) |
| 106 | Page 55, line 10, at end insert— |
| "(3A) | The circumstances in which the responsible body of such a school is to be treated as harassing a pupil under subsection (3)(a) include those where— |
| (a) | a third party harasses a pupil, and |
| (b) | the responsible body of such a school failed to take such steps as would have been reasonably practicable to prevent the third party from doing so. |
| (3B) | Subsection (3A) does not apply unless the responsible body of such a school knows that the pupil has been harassed on at least two other occasions by a third party; and it does not matter whether the third party is the same or different person on each occasion. |
| (a) | is a person other than the responsible body of such a school or an employee of that body, and |
| (b) | may be one or more other pupils of the school." |
| | LORD LESTER OF HERNE HILL |
| 106ZA | Page 55, line 44, leave out paragraph (a) |
| 106ZB | Page 56, line 1, leave out paragraph (c) |
| | BARONESS TURNER OF CAMDEN |
| 106A | Insert the following new Clause— |
| | "Reserved teachers at schools with a religious character |
| (1) | The School Standards and Framework Act 1998 is amended as follows. |
| (2) | In section 58, after subsection (3) insert— |
| "(3A) | The head teacher of such a school shall not, while holding the post of head teacher of the school, be a reserved teacher."" |
| 106AA* | Page 62, line 34, after "have" insert "due" |
| 106AB* | Page 62, line 36, leave out paragraph (a) and insert— |
| "( ) | the need to avoid any substantial disadvantage to disabled persons;" |
| | BARONESS ROYALL OF BLAISDON |
| 106B | Page 62, line 36, leave out "desirability of minimising" and insert "need to minimise" |
| 106C* | Page 62, line 42, leave out paragraph (c) |
| | BARONESS ROYALL OF BLAISDON |
| 107 | Page 182, line 36, leave out "requirement" and insert "and third requirements" |
| 107A | Page 182, line 36, leave out "requirement" and insert "and fourth requirements" |
| 107B* | Page 182, line 36, at end insert— |
| "( ) | For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally." |
| | BARONESS ROYALL OF BLAISDON |
| 108 | Page 183, line 4, leave out first "the" and insert "each" |
| 108A | Page 183, line 4, leave out "requirement" and insert "requirements" |
| 108B | Page 183, line 10, leave out "and third" and insert ", third and fourth" |
| 108C | Page 183, line 17, leave out "or (5)" and insert ", (5) or (5A)" |
| 108D | Page 183, line 19, at end insert— |
| "( ) | the reference in section 20(5A) to the provision of information by A is a reference to the provision of information by A or on behalf of A" |
| 108E | Page 184, line 4, leave out "and third" and insert ", third and fourth" |
| | BARONESS ROYALL OF BLAISDON |
| 108EA | Page 184, line 6, leave out "or third" |
| 108EB* | Page 184, line 6, at end insert— |
| "( ) | For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally." |
| 108F | Page 184, line 12, at end insert— |
| "( ) | the reference in section 20(5A) to the provision of information by A is a reference to the provision of information by A or on behalf of A" |
| 108G | Page 184, line 20, leave out "and third" and insert ", third and fourth" |
| 108GA* | Page 184, line 20, at end insert— |
| "( ) | For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally." |
| 108H | Page 184, line 26, at end insert— |
| "( ) | the reference in section 20(5A) to the provision of information by A is a reference to the provision of information by A or on behalf of A" |
| 108J | Page 184, line 31, leave out "or third" and insert ", third or fourth" |
| 108K | Page 184, line 38, leave out "or third" and insert ", third or fourth" |
| | BARONESS ROYALL OF BLAISDON |
| 108KA | Insert the following new Clause— |
| | "Information about diversity in range of candidates etc. |
| (1) | This section applies to an association which is a registered political party. |
| (2) | If the party had candidates at a relevant election, the party must, in accordance with regulations made by a Minister of the Crown, publish information relating to protected characteristics of persons who come within a description prescribed in the regulations in accordance with subsection (3). |
| (3) | One or more of the following descriptions may be prescribed for the purposes of subsection (2)— |
| (a) | successful applicants for nomination as a candidate at the relevant election; |
| (b) | unsuccessful applicants for nomination as a candidate at that election; |
| (c) | candidates elected at that election; |
| (d) | candidates who are not elected at that election. |
| (4) | The duty imposed by subsection (2) applies only in so far as it is possible to publish information in a manner that ensures that no person to whom the information relates can be identified from that information. |
| (5) | The following elections are relevant elections— |
| (a) | Parliamentary Elections; |
| (b) | elections to the European Parliament; |
| (c) | elections to the Scottish Parliament; |
| (d) | elections to the National Assembly for Wales. |
| (6) | This section does not apply to the following protected characteristics— |
| (a) | marriage and civil partnership; |
| (b) | pregnancy and maternity. |
| (7) | The regulations may provide that the information to be published— |
| (a) | must (subject to subsection (6)) relate to all protected characteristics or only to such as are prescribed; |
| (b) | must include a statement, in respect of each protected characteristic to which the information relates, of the proportion that the number of persons asked to give the information to the party bears to the number of persons who provided it. |
| (8) | Regulations under this section may prescribe— |
| (a) | descriptions of information; |
| (b) | descriptions of political party to which the duty is to apply; |
| (c) | the time at which information is to be published; |
| (d) | the form and manner in which information is to be published; |
| (e) | the period for which information is to be published. |
| (9) | Provision by virtue of subsection (8)(b) may, in particular, provide that the duty imposed by subsection (2) does not apply to a party which had candidates in fewer constituencies in the election concerned than a prescribed number. |
| (10) | Regulations under this section— |
| (a) | may provide that the duty imposed by subsection (2) applies only to such relevant elections as are prescribed; |
| (b) | may provide that a by-election or other election to fill a vacancy is not to be treated as relevant election or is to be so treated only to a prescribed extent; |
| (c) | may amend this section so as to provide for the duty imposed by subsection (2) to apply in the case of additional descriptions of election. |
| (11) | Nothing in this section authorises a political party to require a person to provide information to it." |
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