Equality Bill
SIXTH
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 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.
| | BARONESS MORRIS OF BOLTON |
| 114ZA | Page 196, line 38, at end insert— |
| | "Exception to the public sector equality duty for small organisations |
| | Section 148 does not apply to— |
| (a) | a public authority specified in Schedule 19 that has fewer than 250 employees; or |
| (b) | a person who is not a public authority, but who exercises public functions and who has fewer than 250 employees." |
| 114ZB | Page 196, line 41, at end insert ", but no such order may vary or omit the exceptions in paragraph 3 or 4(1), (2)(a) to (e) and (3)" |
| | BARONESS ROYALL OF BLAISDON |
| 114ZC | Page 196, line 41, at end insert— |
| "(2) | But provision by virtue of sub-paragraph (1) may not amend this Schedule— |
| (a) | so as to omit an exception in paragraph 3; |
| (b) | so as to omit an exception in paragraph 4(1) so far as applying for the purposes of paragraph 4(2)(a) to (e) or (3); |
| (c) | so as to reduce the extent to which an exception referred to in paragraph (a) or (b) applies." |
| 114A | Page 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" |
| | BARONESS MORRIS OF BOLTON |
| 115 | Page 198, line 37, at end insert— |
| | "The relevant qualifications regulator (The Office of the Qualifications and Examinations Regulator—Ofqual)." |
| | BARONESS ROYALL OF BLAISDON |
| 115ZA | Page 96, line 6, at end insert— |
| "( ) | An order may not be made under this section so as to extend the application of section 148 to— |
| (a) | the exercise of a function referred to in paragraph 3 of Schedule 18 (judicial functions etc); |
| (b) | a person listed in paragraph 4(2)(a) to (e) of that Schedule (Parliament, devolved legislatures and General Synod); |
| (c) | the exercise of a function listed in paragraph 4(3) of that Schedule (proceedings in Parliament or devolved legislatures)." |
| | BARONESS MORRIS OF BOLTON |
| 115A | Page 96, line 6, at end insert— |
| "( ) | An order may not be made under this section so as to include in Schedule 19 any body exercising functions in accordance with paragraphs 3 and 4(1), (2)(a) to (e) and (3) of Schedule 18." |
| | BARONESS MORRIS OF BOLTON |
| 115B | Page 99, line 4, at end insert— |
| "( ) | Regulations made under sections 152 or 153 must comply with the Public Sector Equality Directive 2004/18/EC and Directive 2007/66/EC." |
| | LORD LESTER OF HERNE HILL |
| 115C | Page 100, line 11, leave out "which" and insert "provided it" |
| | BARONESS MORRIS OF BOLTON |
| 116 | Page 100, line 28, leave out "reasonably thinks" and insert "can demonstrate" |
| 117 | Page 100, line 42, leave out "as qualified as" and insert "equally qualified to" |
| 118 | Page 100, line 42, leave out "to be recruited or promoted, and" |
| | LORD LESTER OF HERNE HILL |
| 118A | Page 101, line 3, at end insert ", and |
| ( ) | taking the action in question is a proportionate means of achieving the aim referred to in subsection (2)" |
| | BARONESS MORRIS OF BOLTON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 158 stand part of the Bill. |
| | BARONESS KNIGHT OF COLLINGTREE |
| 119 | Insert 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." |
| | BARONESS CAMPBELL OF SURBITON |
| 119A | Insert the following new Clause— |
| | 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." |
| | BARONESS MORRIS OF BOLTON |
| 120 | Insert 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. |
| | "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." |
| 120A | Insert 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)"." |
| | BARONESS ROYALL OF BLAISDON |
| 121 | Page 106, line 3, leave out "in England and Wales" |
| 122 | Page 106, line 6, leave out subsection (4) |
| 123 | Page 106, line 9, leave out "subsections (3) and (4)" and insert "subsection (3)" |
| | BARONESS TURNER OF CAMDEN |
| 124 | Page 213, line 42, leave out paragraphs (a) and (b) |
| 125 | Page 214, line 2, at end insert "except in relation to academy schools" |
| 125A | Page 216, line 8, leave out sub-paragraph (10) |
| | LORD LESTER OF HERNE HILL |
| 125B | Page 216, line 9, after "orientation," insert "or religion or belief," |
| | BARONESS MORRIS OF BOLTON |
| 125C* | Page 217, line 39, at end insert— |
| | "Landlord: possession of premises |
| (1) | A landlord does not contravene this Act so far as relating to disability by doing anything to obtain possession of the premises from the tenant pursuant to the provisions of section 21 (obtaining possession from an assured shorthold tenant) of Part 1 of Schedule 2 to the Housing Act 1988 (mandatory grounds for possession). |
| (2) | In this paragraph "landlord" and "tenant" have the same meanings as they have in the Housing Act 1988." |
| | BARONESS MORRIS OF BOLTON |
| 126 | Page 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." |
| 126A | Page 121, line 6, leave out subsection (3) |
| 126B | Page 121, line 23, leave out subsection (6) |
| | BARONESS ROYALL OF BLAISDON |
| 126C | Page 121, line 24, at end insert— |
| "( ) | Guidance issued (or treated as issued) under a power conferred by virtue of subsection (3)(a) comes into force on such day as the person who issues the guidance may by order appoint; and an order under this subsection may include the text of the guidance or of extracts from it." |
| | BARONESS MORRIS OF BOLTON |
| | 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. |
|
