Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 1 — Socio-economic inequalities
1

A
Bill
[AS AMENDED IN COMMITTEE]
To
Make provision to require Ministers of the Crown and others when making
strategic decisions about the exercise of their functions to have regard to the
desirability of reducing socio-economic inequalities; to reform and harmonise
equality law and restate the greater part of the enactments relating to
discrimination and harassment related to certain personal characteristics; to
enable certain employers to be required to publish information about the
differences in pay between male and female employees; to prohibit
victimisation in certain circumstances; to require the exercise of certain
functions to be with regard to the need to eliminate discrimination and other
prohibited conduct; to enable duties to be imposed in relation to the exercise
of public procurement functions; to increase equality of opportunity; to
amend the law relating to rights and responsibilities in family relationships;
and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Socio-economic inequalities
1
Public sector duty regarding socio-economic inequalities
(1)
An authority to which this section applies must, when making decisions of a
strategic nature about how to exercise its functions, have due regard to the
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desirability of exercising them in a way that is designed to reduce the
inequalities of outcome which result from socio-economic disadvantage.
(2)
In deciding how to fulfil a duty to which it is subject under subsection (1), an
authority must take into account any guidance issued by a Minister of the
Crown.
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Equality Bill
Part 1 — Socio-economic inequalities
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(3)
The authorities to which this section applies are—
(a)
a Minister of the Crown;
(b)
a government department other than the Security Service, the Secret
Intelligence Service or the Government Communications Head-
quarters;
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(c)
a county council or district council in England;
(d)
the Greater London Authority;
(e)
a London borough council;
(f)
the Common Council of the City of London in its capacity as a local
authority;
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(g)
the Council of the Isles of Scilly;
(h)
a Strategic Health Authority established under section 13 of the
National Health Service Act 2006, or continued in existence by virtue of
that section;
(i)
a Primary Care Trust established under section 18 of that Act, or
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continued in existence by virtue of that section;
(j)
a regional development agency established by the Regional
Development Agencies Act 1998;
(k)
a police authority established for an area in England.
(4)
This section also applies to an authority that—
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(a)
is a partner authority in relation to a responsible local authority, and
(b)
does not fall within subsection (3),

but only in relation to its participation in the preparation or modification of a
sustainable community strategy.
(5)
In subsection (4)—
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“partner authority” has the meaning given by section 104 of the Local
Government and Public Involvement in Health Act 2007;
“responsible local authority” has the meaning given by section 103 of that
Act;
“sustainable community strategy” means a strategy prepared under
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section 4 of the Local Government Act 2000.
(6)
The reference to inequalities in subsection (1) does not include any inequalities
experienced by a person as a result of being a person subject to immigration
control within the meaning given by section 115(9) of the Immigration and
Asylum Act 1999.
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2
Power to amend section 1
(1)
A Minister of the Crown may by regulations amend section 1 so as to—
(a)
add a public authority to the authorities that are subject to the duty
under subsection (1) of that section;
(b)
remove an authority from those that are subject to the duty;
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(c)
make the duty apply, in the case of a particular authority, only in
relation to certain functions that it has;
(d)
in the case of an authority to which the application of the duty is
already restricted to certain functions, remove or alter the restriction.
(2)
In subsection (1) “public authority” means an authority that has functions of a
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public nature.

Equality Bill
Part 1 — Socio-economic inequalities
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(3)
Provision made under subsection (1) may not impose a duty on an authority in
relation to any devolved Scottish functions or devolved Welsh functions.
(4)
The Scottish Ministers or the Welsh Ministers may by regulations amend
section 1 so as to—
(a)
add a relevant authority to the authorities that are subject to the duty
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under subsection (1) of that section;
(b)
remove a relevant authority from those that are subject to the duty;
(c)
make the duty apply, in the case of a particular relevant authority, only
in relation to certain functions that it has;
(d)
in the case of a relevant authority to which the application of the duty
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is already restricted to certain functions, remove or alter the restriction.
(5)
For the purposes of the power conferred by subsection (4) on the Scottish
Ministers, “relevant authority” means an authority whose functions—
(a)
are exercisable only in or as regards Scotland,
(b)
are wholly or mainly devolved Scottish functions, and
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(c)
correspond or are similar to those of an authority for the time being
specified in section 1(3).
(6)
For the purposes of the power conferred by subsection (4) on the Welsh
Ministers, “relevant authority” means an authority whose functions—
(a)
are exercisable only in or as regards Wales,
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(b)
are wholly or mainly devolved Welsh functions, and
(c)
correspond or are similar to those of an authority for the time being
specified in subsection (3) of section 1 or referred to in subsection (4) of
that section.
(7)
Before making regulations under this section, the Scottish Ministers or the
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Welsh Ministers must consult a Minister of the Crown.
(8)
Regulations under this section may make any amendments of section 1 that
appear to the Minister or Ministers to be necessary or expedient in consequence
of provision made under subsection (1) or (as the case may be) subsection (4).
(9)
Provision made by the Scottish Ministers or the Welsh Ministers in reliance on
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subsection (8) may, in particular, amend section 1 so as to—
(a)
confer on the Ministers a power to issue guidance;
(b)
require a relevant authority to take into account any guidance issued
under a power conferred by virtue of paragraph (a);
(c)
disapply section 1(2) in consequence of the imposition of a requirement
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by virtue of paragraph (b).
(10)
Before issuing guidance under a power conferred by virtue of subsection (9)(a),
the Ministers must—
(a)
take into account any guidance issued by a Minister of the Crown
under section 1;
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(b)
consult a Minister of the Crown.
(11)
For the purposes of this section—
(a)
a function is a devolved Scottish function if it is exercisable in or as
regards Scotland and it does not relate to reserved matters (within the
meaning of the Scotland Act 1998);
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(b)
a function is a devolved Welsh function if it relates to a matter in respect
of which functions are exercisable by the Welsh Ministers, the First

Equality Bill
Part 2 — Equality: key concepts
Chapter 1 — Protected characteristics
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Minister for Wales or the Counsel General to the Welsh Assembly
Government, or to a matter within the legislative competence of the
National Assembly for Wales.
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Enforcement
A failure in respect of a performance of a duty under section 1 does not confer
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a cause of action at private law.
Part 2
Equality: key concepts
Chapter 1
Protected characteristics
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4
The protected characteristics
The following characteristics are protected characteristics—
age;
disability;
gender reassignment;
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marriage and civil partnership;
pregnancy and maternity;
race;
religion or belief;
sex;
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sexual orientation.
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Age
(1)
In relation to the protected characteristic of age—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a person of a particular age group;
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(b)
a reference to persons who share a protected characteristic is a reference
to persons of the same age group.
(2)
A reference to an age group is a reference to a group of persons defined by
reference to age, whether by reference to a particular age or to a range of ages.
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Disability
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(1)
A person (P) has a disability if—
(a)
P has a physical or mental impairment, and
(b)
the impairment has a substantial and long-term adverse effect on P’s
ability to carry out normal day-to-day activities.
(2)
A reference to a disabled person is a reference to a person who has a disability.
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(3)
In relation to the protected characteristic of disability—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a person who has a particular disability;

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Part 2 — Equality: key concepts
Chapter 1 — Protected characteristics
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(b)
a reference to persons who share a protected characteristic is a reference
to persons who have the same disability.
(4)
This Act (except Part 12 and section 189) applies in relation to a person who has
had a disability as it applies in relation to a person who has the disability;
accordingly, except in that Part and that section—
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(a)
a reference (however expressed) to a person who has a disability
includes a reference to a person who has had the disability, and
(b)
a reference (however expressed) to a person who does not have a
disability includes a reference to a person who has not had the
disability.
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(5)
A Minister of the Crown may issue guidance about matters to be taken into
account in deciding any question for the purposes of subsection (1).
(6)
Schedule 1 (disability: supplementary provision) has effect.
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Gender reassignment
(1)
A person has the protected characteristic of gender reassignment if the person
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is proposing to undergo, is undergoing or has undergone a process (or part of
a process) for the purpose of reassigning the person’s sex by changing
physiological or other attributes of sex.
(2)
A reference to a transsexual person is a reference to a person who has the
protected characteristic of gender reassignment.
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(3)
In relation to the protected characteristic of gender reassignment—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a transsexual person;
(b)
a reference to persons who share a protected characteristic is a reference
to transsexual persons.
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Marriage and civil partnership
(1)
A person has the protected characteristic of marriage and civil partnership if
the person is married or is a civil partner.
(2)
In relation to the protected characteristic of marriage and civil partnership—
(a)
a reference to a person who has a particular protected characteristic is
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a reference to a person who is married or is a civil partner;
(b)
a reference to persons who share a protected characteristic is a reference
to persons who are married or are civil partners.
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Race
(1)
Race includes—
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(a)
colour;
(b)
nationality;
(c)
ethnic or national origins.
(2)
In relation to the protected characteristic of race—
(a)
a reference to a person who has a particular protected characteristic is
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a reference to a person of a particular racial group;

Equality Bill
Part 2 — Equality: key concepts
Chapter 1 — Protected characteristics
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(b)
a reference to persons who share a protected characteristic is a reference
to persons of the same racial group.
(3)
A racial group is a group of persons defined by reference to race; and a
reference to a person’s racial group is a reference to a racial group into which
the person falls.
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(4)
The fact that a racial group comprises two or more distinct racial groups does
not prevent it from constituting a particular racial group.
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Religion or belief
(1)
Religion means any religion and a reference to religion includes a reference to
a lack of religion.
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(2)
Belief means any religious or philosophical belief and a reference to belief
includes a reference to a lack of belief.
(3)
In relation to the protected characteristic of religion or belief—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a person of a particular religion or belief;
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(b)
a reference to persons who share a protected characteristic is a reference
to persons who are of the same religion or belief.
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Sex
In relation to the protected characteristic of sex—
(a)
a reference to a person who has a particular protected characteristic is
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a reference to a man or to a woman;
(b)
a reference to persons who share a protected characteristic is a reference
to persons of the same sex.
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Sexual orientation
(1)
Sexual orientation means a person’s sexual orientation towards—
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(a)
persons of the same sex,
(b)
persons of the opposite sex, or
(c)
persons of either sex.
(2)
In relation to the protected characteristic of sexual orientation—
(a)
a reference to a person who has a particular protected characteristic is
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a reference to a person who is of a particular sexual orientation;
(b)
a reference to persons who share a protected characteristic is a reference
to persons who are of the same sexual orientation.

Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
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Chapter 2
Prohibited conduct
Discrimination
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Direct discrimination
(1)
A person (A) discriminates against another (B) if, because of a protected
5
characteristic, A treats B less favourably than A treats or would treat others.
(2)
If the protected characteristic is age, A does not discriminate against B if A can
show A’s treatment of B to be a proportionate means of achieving a legitimate
aim.
(3)
If the protected characteristic is disability, and B is not a disabled person, A
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does not discriminate against B only because A treats or would treat disabled
persons more favourably than A treats B.
(4)
If the protected characteristic is marriage and civil partnership, this section
applies to a contravention of Part 5 (work) only if the treatment is because it is
B who is married or a civil partner.
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(5)
If the protected characteristic is race, less favourable treatment includes
segregating B from others.
(6)
If the protected characteristic is sex—
(a)
less favourable treatment of a woman includes less favourable
treatment of her because she is breast-feeding;
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(b)
in a case where B is a man, no account is to be taken of special treatment
afforded to a woman in connection with pregnancy or childbirth.
(7)
Subsection (6)(a) does not apply for the purposes of Part 5 (work).
(8)
This section is subject to sections 17(6) and 18(7).
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Combined discrimination: dual characteristics
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(1)
A person (A) discriminates against another (B) if, because of a combination of
two relevant protected characteristics, A treats B less favourably than A treats
or would treat a person who does not share either of those characteristics.
(2)
The relevant protected characteristics are—
(a)
age;
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(b)
disability;
(c)
gender reassignment;
(d)
race
(e)
religion or belief;
(f)
sex;
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(g)
sexual orientation.
(3)
For the purposes of establishing a contravention of this Act by virtue of
subsection (1), B need not show that A’s treatment of B is direct discrimination
because of each of the characteristics in the combination (taken separately).