Equality Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Schedule 18

 

LORD LESTER OF HERNE HILL

112Page 195, line 32, leave out ", race or religion or belief" and insert "or race"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

113Page 196, line 31, at end insert—
"(   )  persons involved in the commissioning, content and broadcast of programmes"
114Page 196, line 38, at end insert—
"(   )  a function in connection with commissioning, content and broadcast of programmes"
 

Clause 149

 

LORD OUSELEY

114APage 95, line 17, at end insert "and compliance with section 148(1) by a public authority on how it is advancing equality and good relations will be the subject of appropriate assessments by agencies which audit, inspect or regulate public authorities"
 

Schedule 19

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

115Page 198, line 37, at end insert—
 "The relevant qualifications regulator (The Office of the Qualifications and Examinations Regulator—Ofqual)."
 

Clause 158

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

116Page 100, line 28, leave out "reasonably thinks" and insert "can demonstrate"
117Page 100, line 42, leave out "as qualified as" and insert "equally qualified to"
118Page 100, line 42, leave out "to be recruited or promoted, and"
 The above-named Lords give notice of their intention to oppose the Question that Clause 158 stand part of the Bill.
 

After Clause 158

 

BARONESS KNIGHT OF COLLINGTREE

119Insert the following new Clause—
  "Positive action: age and disability
(1)  Nothing in this Act shall prevent the taking of such measures as are specified in subsection (2) in order to facilitate the integration into employment, either generally or in particular areas or a particular workplace, of—
(a)  persons who have attained the age of 50 years, or
(b)  persons with a disability or any class or description of such persons.
(2)  The measures mentioned in subsection (1) are those intended to reduce or eliminate the effects of discrimination against any of the persons referred to in paragaphs (a) and (b) of that subsection."
 

LORD ALLI

 

BARONESS NOAKES

 

BARONESS NEUBERGER

 

BARONESS CAMPBELL OF SURBITON

119AInsert the following new Clause—
  "Civil partnerships
  The Civil Partnership Act 2004 is amended as follows—
(a)  section 2(5) is omitted;
(b)  section 6(1)(b) is omitted;
(c)  section 6(2) is omitted;
(d)  section 93(3) is omitted;
(e)  section 137(5) is omitted."
 

After Clause 159

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

120Insert the following new Clause—
  "Private hire vehicle accessibility regulations
(1)  The Secetary of State may make regulations (in this section referred to as "private hire vehicle accessibility regulations") for securing that it is possible for disabled persons—
(a)  to get into and out of private hire vehicles in safety;
(b)  to do so while in wheelchairs;
(c)  to travel in private hire vehicles in safety and reasonable comfort;
(d)  to do so while in wheelchairs.
(2)  The regulations may, in particular, require a regulated private hire vehicle 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;
(d)  the fitting of restraining devices designed to ensure the stability of a wheelchair while the private hire vehicle is moving.
(3)  The regulations may also—
(a)  require the driver of a regulated private hire vehicle which is plying for hire, or which has been hired, to comply with provisions as to the carrying of ramps of other devices designed to facilitate the loading and unloading of wheelchairs;
(b)  require the driver of a regulated private hire vehicle in which a disabled person is being carried while in a wheelchair to comply with provisions as to the position in which the wheelchair is to be secured.
(4)  The driver of a regulated private hire vehicle which is plying for hire or has been hired commits an offence—
(a)  by failing to comply with a requirement of the regulations, or
(b)  if the private hire vehicle fails to conform with any provision of the regulations with which it is required to conform.
(5)  A person guilty of an offence under subsection (4) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(6)  In this section—
 "passenger compartment" has such meaning as is specified in private hire vehicle accessibility regulations;
 "regulated private hire vehicle" means a private hire vehicle to which private hire accessibility regulations are expressed to apply."
 

BARONESS WILKINS

120AInsert the following new Clause—
  "Control of numbers of licensed taxis: exception
(1)  This section applies if—
(a)  an application for a licence in respect of a vehicle is made under section 37 of the Town Police Clauses Act 1847,
(b)  it is possible for a disabled person—
(i)  to get into and out of the vehicle in safety,
(ii)  to travel in the vehicle in safety and reasonable comfort, and
(iii)  to do the things mentioned in sub-paragraphs (i) and (ii) while in a wheelchair of a size specified in regulations made by the Secretary of State, and
(c)  the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is specified in regulations made by the Secretary of State.
(2)  Section 16 of the Transport Act 1985 (which modifies the provisions of the Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply for hire to be refused in order to limit the number of licensed carriages) does not apply in relation to the vehicle; and those provisions of the Town Police Clauses Act 1847 are to have effect subject to this section.
(3)  In section 16 of the Transport Act 1985, after "shall" insert "(subject to section (Control of numbers of licensed taxis: exception) of the Equality Act 2010)"."
 

Clause 165

 

BARONESS ROYALL OF BLAISDON

121Page 106, line 3, leave out "in England and Wales"
122Page 106, line 6, leave out subsection (4)
123Page 106, line 9, leave out "subsections (3) and (4)" and insert "subsection (3)"
 

Schedule 22

 

BARONESS TURNER OF CAMDEN

124Page 213, line 42, leave out paragraphs (a) and (b)
125Page 214, line 2, at end insert "except in relation to academy schools"
 

Schedule 23

 

LORD MACKAY OF CLASHFERN

 

LORD BRENNAN

125APage 216, line 8, leave out sub-paragraph (10)
 

LORD LESTER OF HERNE HILL

125BPage 216, line 9, after "orientation," insert "or religion or belief,"
 

Clause 195

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

126Page 120, line 39, at end insert—
"(   )  It is not a contravention of this Act for—
(a)  a person or organisation which provides tourism or holiday services to place age limits on group holidays or holidays catering for people of particular ages;
(b)  a person or organisation to design and provide financial products for specific market segments qualified by age or age groups;
(c)  a person or organisation to provide insurance programmes where the calculations of the premiums for such programmes are based on reasonable evidence of the underlying difference in risk based on the purchaser's age or age group."
127[Withdrawn]
128[Withdrawn]
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 The above-named Lords give notice of their intention to oppose the Question that Clause 195 stand part of the Bill.
 

After Clause 195

 

BARONESS KNIGHT OF COLLINGTREE

129Insert the following new Clause—
  "Age-specific business
  It is not a contravention of this Act for—
(a)  a person or organisation to design and provide financial products for specific market segments qualified by age or age groups,
(b)  a person or organisation to provide insurance programmes where the calculations of the premiums for such programmes are based on reasonable evidence of the underlying difference in risk based on the purchaser's age or age group,
(c)  a person or organisation to design or provide financial products specifically for people aged over 50 with preferential rates or concessions,
(d)  a person or organisation to design or provide goods and services specifically for people over 50 with preferential rates or concessions."
 

LORD LESTER OF HERNE HILL

129ZAInsert the following new Clause—
  "Abolition of a husband's duty to maintain his wife
  The rule of common law that a husband must maintain his wife is abolished."
129ZBInsert the following new Clause—
  "Abolition of presumption of advancement
(1)  The presumption of advancement (by which, for example, a husband is presumed to be making a gift to his wife if he transfers property to her, or purchases property in her name) is abolished.
(2)  The abolition by subsection (1) of the presumption of advancement does not have effect in relation to—
(a)  anything done before the commencement of this section, or
(b)  anything done pursuant to any obligation incurred before the commencement of this section."
129ZCInsert the following new Clause—
  "Amendment of Married Women's Property Act 1964
(1)  In section 1 of the Married Women's Property Act 1964 (money and property derived from housekeeping allowance made by husband to be treated as belonging to husband and wife in equal shares)—
(a)  for "the husband for" substitute "either of them for", and
(b)  for "the husband and the wife" substitute "them".
(2)  Accordingly, that Act may be cited as the Matrimonial Property Act 1964.
(3)  The amendments made by this section do not have effect in relation to any allowance made before the commencement of this section."
129ZDInsert the following new Clause—
  "Civil partners: housekeeping allowance
(1)  After section 70 of the Civil Partnership Act 2004 insert—
"70AMoney and property derived from housekeeping allowance
  Section 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband and wife in equal shares) applies in relation to—
(a)  money derived from any allowance made by a civil partner for the expenses of the civil partnership home or for similar purposes, and
(b)  any property acquired out of such money,
 as it applies in relation to money derived from any allowance made by a husband or wife for the expenses of the matrimonial home or for similar purposes, and any property acquired out of such money."
(2)  The amendment made by this section does not have effect in relation to any alllowance made before the commencement of this section."
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

129AInsert the following new Clause—
  "Insurance
  A person does not contravene this Act so far as relating to the use of age by insurers only by provision of a service to persons if—
(a)  significant detriment to the elderly or another age group cannot be demonstrated; and
(b)  non-differentiation would have an adverse impact on different age groups."

 
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26 January 2010