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Equality Bill


FIFTH
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—

Schedule 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.

 

Schedule 9

 

LORD LESTER OF HERNE HILL

102Page 167, line 2, leave out paragraph 8
103Page 167, line 13, leave out paragraph 9
 

BARONESS TURNER OF CAMDEN

104Page 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."
 

Clause 84

 

LORD LESTER OF HERNE HILL

105Page 54, line 33, leave out paragraph (c)
 

Clause 85

 

LORD OUSELEY

106Page 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.
(3C)  A third party—
(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

106ZAPage 55, line 44, leave out paragraph (a)
106ZBPage 56, line 1, leave out paragraph (c)
 

After Clause 89

 

BARONESS TURNER OF CAMDEN

106AInsert 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.""
 

Clause 96

 

LORD LOW OF DALSTON

106AAPage 62, line 34, after "have" insert "due"
106ABPage 62, line 36, leave out paragraph (a) and insert—
"(   )  the need to avoid any substantial disadvantage to disabled persons;"
 

BARONESS ROYALL OF BLAISDON

106BPage 62, line 36, leave out "desirability of minimising" and insert "need to minimise"
 

LORD LOW OF DALSTON

106CPage 62, line 42, leave out paragraph (c)
 

Schedule 13

 

BARONESS ROYALL OF BLAISDON

107Page 182, line 36, leave out "requirement" and insert "and third requirements"
 

LORD LOW OF DALSTON

107APage 182, line 36, leave out "requirement" and insert "and fourth requirements"
107BPage 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

108Page 183, line 4, leave out first "the" and insert "each"
 

LORD LOW OF DALSTON

108APage 183, line 4, leave out "requirement" and insert "requirements"
108BPage 183, line 10, leave out "and third" and insert ", third and fourth"
108CPage 183, line 17, leave out "or (5)" and insert ", (5) or (5A)"
108DPage 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"
108EPage 184, line 4, leave out "and third" and insert ", third and fourth"
 

BARONESS ROYALL OF BLAISDON

108EAPage 184, line 6, leave out "or third"
 

LORD LOW OF DALSTON

108EBPage 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."
108FPage 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"
108GPage 184, line 20, leave out "and third" and insert ", third and fourth"
108GAPage 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."
108HPage 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"
108JPage 184, line 31, leave out "or third" and insert ", third or fourth"
108KPage 184, line 38, leave out "or third" and insert ", third or fourth"
 

After Clause 105

 

BARONESS ROYALL OF BLAISDON

108KAInsert 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."
 

Schedule 15

 

LORD LOW OF DALSTON

108LPage 187, line 15, leave out "and third" and insert ", third and fourth"
108MPage 187, line 16, leave out "or (5)" and insert ", (5) or (5A)"
108NPage 187, line 21, leave out "and third" and insert ", third and fourth"
 

BARONESS CAMPBELL OF SURBITON

108PPage 187, line 40, at end insert—
"(   )  A requirement of a disabled person or disabled persons alone to pay the costs which result from compliance by an association with a section 20 duty is a failure of compliance with that duty."
 

Clause 113

 

BARONESS ROYALL OF BLAISDON

108QPage 71, line 12, at end insert—
"(   )  Subsection (1)(d) does not apply to a contravention of section (Information about diversity in range of candidates etc.)."
 

Clause 119

 

BARONESS ROYALL OF BLAISDON

108RPage 75, line 28, at end insert—
"(8)  In subsection (1), the references to Part 5 do not include a reference to section 60(1)."
 

Clause 148

 

LORD OUSELEY

108S*Page 94, line 9, at end insert "take such steps as it reasonably considers appropriate and necessary to"
108TPage 94, line 15, at end insert—
"(   )  take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

109Page 94, line 16, leave out subsection (2) and insert—
"(   )  Subsection (1) will also apply to a person who is not a public authority but who exercises public functions except in relation to matters of employment."
 

LORD OUSELEY

109A*Page 94, line 18, at end insert "and take such steps as that person reasonably considers appropriate and necessary to achieve them"
109BPage 94, line 19, after "need" insert "and taking steps"
109CPage 94, line 21, at end insert "and taking steps to"
 

BARONESS CAMPBELL OF SURBITON

109CAPage 94, line 25, at beginning insert "take steps to"
109CBPage 94, line 29, at end insert—
"(   )  The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities."
 

LORD OUSELEY

109DPage 94, line 30, after second "to" insert ", and taking steps to,"
109EPage 94, line 32, at end insert "and taking steps to"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

110Page 94, line 37, at end insert—
"(   )  A public authority must collect and publish annually data showing, in the exercise of its functions, the exent to which it has succeeded in meeting the requirements of subsection (1)."
 

BARONESS COUSSINS

110A*Page 94, line 37, at end insert—
"(   )  To demonstrate compliance with the duties in this section a public authority and a person within subsection (2) must show that in the exercise of their functions relevant to the duties in this section they are not failing or have not failed to take such steps as are appropriate and necessary towards the achievement of the matters in subsection (1)(a) to (c)."
 

LORD LESTER OF HERNE HILL

111Page 95, line 3, at end insert—
 "but subsection (1)(b) does not apply to the protected characteristic of religion or belief."

 
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26 January 2010