Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
100

(4)
Subsections (1) and (2) do not affect the generality of section 152 or 153(2)(a).
(5)
A duty imposed on a public authority under section 152 or 153 may be
modified or removed by regulations made by—
(a)
a Minister of the Crown, where the original duty was imposed by
regulations made by a Minister of the Crown;
5
(b)
the Welsh Ministers, where the original duty was imposed by
regulations made by the Welsh Ministers;
(c)
the Scottish Ministers, where the original duty was imposed by
regulations made by the Scottish Ministers.
155
Enforcement
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A failure in respect of a performance of a duty imposed by or under this
Chapter does not confer a cause of action at private law.
156
Interpretation
(1)
This section applies for the purposes of this Chapter.
(2)
A relevant Welsh authority is a person (other than the Assembly Commission)
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whose functions—
(a)
are exercisable only in or as regards Wales, and
(b)
are wholly or mainly devolved Welsh functions.
(3)
A cross-border Welsh authority is a person other than a relevant Welsh
authority (or the Assembly Commission) who has any function that—
20
(a)
is exercisable in or as regards Wales, and
(b)
is a devolved Welsh function.
(4)
The Assembly Commission has the same meaning as in the Government of
Wales Act 2006.
(5)
A function is a devolved Welsh function if it relates to—
25
(a)
a matter in respect of which functions are exercisable by the Welsh
Ministers, the First Minister for Wales or the Counsel General to the
Welsh Assembly Government, or
(b)
a matter within the legislative competence of the National Assembly for
Wales.
30
(6)
A relevant Scottish authority is a public body, public office or holder of a public
office—
(a)
which is not a cross-border Scottish authority or the Scottish
Parliamentary Corporate Body,
(b)
whose functions are exercisable only in or as regards Scotland, and
35
(c)
at least some of whose functions do not relate to reserved matters.
(7)
A cross-border Scottish authority is a cross-border public authority within the
meaning given by section 88(5) of the Scotland Act 1998.
(8)
A function is a devolved Scottish function if it—
(a)
is exercisable in or as regards Scotland, and
40
(b)
does not relate to reserved matters.
(9)
Reserved matters has the same meaning as in the Scotland Act 1998.

Equality Bill
Part 11 — Advancement of equality
Chapter 2 — Positive action
101

Chapter 2
Positive action
157
Positive action: general
(1)
This section applies if a person (P) reasonably thinks that—
(a)
persons who share a protected characteristic suffer a disadvantage
5
connected to the characteristic,
(b)
persons who share a protected characteristic have needs that are
different from the needs of persons who do not share it, or
(c)
participation in an activity by persons who share a protected
characteristic is disproportionately low.
10
(2)
This Act does not prohibit P from taking any action which is a proportionate
means of achieving the aim of—
(a)
enabling or encouraging persons who share the protected characteristic
to overcome or minimise that disadvantage,
(b)
meeting those needs, or
15
(c)
enabling or encouraging persons who share the protected characteristic
to participate in that activity.
(3)
Regulations may specify action, or descriptions of action, to which subsection
(2) does not apply.
(4)
This section does not apply to—
20
(a)
action within section 158(3), or
(b)
anything that is permitted by virtue of section 104.
(5)
If section 104(7) is repealed by virtue of section 105, this section will not apply
to anything that would have been so permitted but for the repeal.
(6)
This section does not enable P to do anything that is prohibited by or under an
25
enactment other than this Act.
158
Positive action: recruitment and promotion
(1)
This section applies if a person (P) reasonably thinks that—
(a)
persons who share a protected characteristic suffer a disadvantage
connected to the characteristic, or
30
(b)
participation in an activity by persons who share a protected
characteristic is disproportionately low.
(2)
Part 5 (work) does not prohibit P from taking action within subsection (3) with
the aim of enabling or encouraging persons who share the protected
characteristic to—
35
(a)
overcome or minimise that disadvantage, or
(b)
participate in that activity.
(3)
That action is treating a person (A) more favourably in connection with
recruitment or promotion than another person (B) because A has the protected
characteristic but B does not.
40
(4)
But subsection (2) applies only if—
(a)
A is as qualified as B to be recruited or promoted,

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
102

(b)
P does not have a policy of treating persons who share the protected
characteristic more favourably in connection with recruitment or
promotion than persons who do not share it, and
(c)
taking the action in question is a proportionate means of achieving the
aim referred to in subsection (2).
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(5)
“Recruitment” means a process for deciding whether to—
(a)
offer employment to a person,
(b)
make contract work available to a contract worker,
(c)
offer a person a position as a partner in a firm or proposed firm,
(d)
offer a person a position as a member of an LLP or proposed LLP,
10
(e)
offer a person a pupillage or tenancy in barristers’ chambers,
(f)
take a person as an advocate’s devil or offer a person membership of an
advocate’s stable,
(g)
offer a person an appointment to a personal office,
(h)
offer a person an appointment to a public office, recommend a person
15
for such an appointment or approve a person’s appointment to a public
office, or
(i)
offer a person a service for finding employment.
(6)
This section does not enable P to do anything that is prohibited by or under an
enactment other than this Act.
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Part 12
Disabled persons: transport
Chapter 1
Taxis, etc.
159
Taxi accessibility regulations
25
(1)
The Secretary of State may make regulations (in this Chapter referred to as
“taxi accessibility regulations”) for securing that it is possible for disabled
persons—
(a)
to get into and out of taxis in safety;
(b)
to do so while in wheelchairs;
30
(c)
to travel in taxis in safety and reasonable comfort;
(d)
to do so while in wheelchairs.
(2)
The regulations may, in particular, require a regulated taxi to conform with
provision as to—
(a)
the size of a door opening for the use of passengers;
35
(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 taxi is moving.
(3)
The regulations may also—
40
(a)
require the driver of a regulated taxi which is plying for hire, or which
has been hired, to comply with provisions as to the carrying of ramps

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
103

or other devices designed to facilitate the loading and unloading of
wheelchairs;
(b)
require the driver of a regulated taxi 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.
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(4)
The driver of a regulated taxi 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 taxi fails to conform with any provision of the regulations with
which it is required to conform.
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(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 taxi
accessibility regulations;
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“regulated taxi” means a taxi to which taxi accessibility regulations are
expressed to apply.
160
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
20
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
25
in a wheelchair of a size prescribed 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 prescribed by the
Secretary of State.
30
(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.
35
(3)
In section 16 of the Transport Act 1985, after “shall” insert “(subject to section
160 of the Equality Act 2010)”.
161
Designated transport facilities
(1)
The appropriate authority may by regulations provide for the application of
any taxi provision (with or without modification) to—
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(a)
vehicles used for the provision of services under a franchise agreement,
or
(b)
drivers of such vehicles.

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
104

(2)
A franchise agreement is a contract entered into by the operator of a designated
transport facility for the provision, by the other party to the contract, of hire car
services—
(a)
for members of the public using any part of the facility, and
(b)
which involve vehicles entering any part of the facility.
5
(3)
In this section—
“appropriate authority” means—
(a)
in relation to transport facilities in England and Wales, the
Secretary of State;
(b)
in relation to transport facilities in Scotland, the Scottish
10
Ministers;
“designated” means designated by order made by the appropriate
authority;
“hire car” has such meaning as is prescribed by the appropriate authority;
“operator”, in relation to a transport facility, means a person who is
15
concerned with the management or operation of the facility;
“taxi provision” means a provision of—
(a)
this Chapter, or
(b)
regulations made in pursuance of section 20(2A) of the Civic
Government (Scotland) Act 1982,
20
which applies in relation to taxis or drivers of taxis;
“transport facility” means premises which form part of a port, airport,
railway station or bus station.
(4)
For the purposes of section 2(2) of the European Communities Act 1972
(implementation of Community obligations), the Secretary of State may
25
exercise a power conferred by this section on the Scottish Ministers.
162
Taxi licence conditional on compliance with taxi accessibility regulations
(1)
A licence for a taxi to ply for hire must not be granted unless the vehicle
conforms with the provisions of taxi accessibility regulations with which a
vehicle is required to conform if it is licensed.
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(2)
Subsection (1) does not apply if a licence is in force in relation to the vehicle at
any time during the period of 28 days immediately before the day on which the
licence is granted.
(3)
The Secretary of State may by order provide for subsection (2) to cease to have
effect on a specified date.
35
(4)
The power under subsection (3) may be exercised differently for different areas
or localities.
163
Exemption from taxi accessibility regulations
(1)
The Secretary of State may by regulations provide for a relevant licensing
authority to apply for an order (an “exemption order”) exempting the authority
40
from the requirements of section 162.
(2)
Regulations under subsection (1) may, in particular, make provision requiring
an authority proposing to apply for an exemption order—
(a)
to carry out such consultation as is specified;

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
105

(b)
to publish its proposals in the specified manner;
(c)
before applying for the order, to consider representations made about
the proposal;
(d)
to make the application in the specified form.

In this subsection “specified” means specified in the regulations.
5
(3)
An authority may apply for an exemption order only if it is satisfied—
(a)
that, having regard to the circumstances in its area, it is inappropriate
for section 162 to apply, and
(b)
that the application of that section would result in an unacceptable
reduction in the number of taxis in its area.
10
(4)
After consulting the Disabled Persons Transport Advisory Committee and
such other persons as the Secretary of State thinks appropriate, the Secretary of
State may—
(a)
make an exemption order in the terms of the application for the order;
(b)
make an exemption order in such other terms as the Secretary of State
15
thinks appropriate;
(c)
refuse to make an exemption order.
(5)
The Secretary of State may by regulations make provision requiring a taxi
plying for hire in an area in respect of which an exemption order is in force to
conform with provisions of the regulations as to the fitting and use of swivel
20
seats.
(6)
Regulations under subsection (5) may make provision corresponding to
section 162.
(7)
In this section—
“relevant licensing authority” means an authority responsible for
25
licensing taxis in any area of England and Wales other than the area to
which the Metropolitan Public Carriage Act 1869 applies;
“swivel seats” has such meaning as is specified in regulations under
subsection (5).
164
Passengers in wheelchairs
30
(1)
This section imposes duties on the driver of a designated taxi which has been
hired—
(a)
by or for a disabled person who is in a wheelchair, or
(b)
by another person who wishes to be accompanied by a disabled person
who is in a wheelchair.
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(2)
This section also imposes duties on the driver of a designated private hire
vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated
to the driver that he or she wishes to travel in the vehicle.
(3)
For the purposes of this section—
(a)
a taxi or private hire vehicle is “designated” if it appears on a list
40
maintained under section 166;
(b)
“the passenger” means the disabled person concerned.
(4)
The duties are—
(a)
to carry the passenger while in the wheelchair;
(b)
not to make any additional charge for doing so;
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Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
106

(c)
if the passenger chooses to sit in a passenger seat, to carry the
wheelchair;
(d)
to take such steps as are necessary to ensure that the passenger is
carried in safety and reasonable comfort;
(e)
to give the passenger such mobility assistance as is reasonably
5
required.
(5)
Mobility assistance is assistance—
(a)
to enable the passenger to get into or out of the vehicle;
(b)
if the passenger wishes to remain in the wheelchair, to enable the
passenger to get into and out of the vehicle while in the wheelchair;
10
(c)
to load the passenger’s luggage into or out of the vehicle;
(d)
if the passenger does not wish to remain in the wheelchair, to load the
wheelchair into or out of the vehicle.
(6)
This section does not require the driver—
(a)
unless the vehicle is of a description prescribed by the Secretary of
15
State, to carry more than one person in a wheelchair, or more than one
wheelchair, on any one journey;
(b)
to carry a person in circumstances in which it would otherwise be
lawful for the driver to refuse to carry the person.
(7)
A driver of a designated taxi or designated private hire vehicle commits an
20
offence by failing to comply with a duty imposed on the driver by this section.
(8)
A person guilty of an offence under subsection (7) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(9)
It is a defence for a person charged with the offence to show that at the time of
the alleged offence—
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(a)
the vehicle conformed to the accessibility requirements which applied
to it, but
(b)
it would not have been possible for the wheelchair to be carried safely
in the vehicle.
(10)
In this section and sections 165 and 166 “private hire vehicle” means—
30
(a)
a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976;
(b)
a vehicle licensed under section 7 of the Private Hire Vehicles (London)
Act 1998;
(c)
a vehicle licensed under an equivalent provision of a local enactment;
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(d)
a private hire car licensed under section 10 of the Civic Government
(Scotland) Act 1982.
165
Passengers in wheelchairs: exemption certificates
(1)
A licensing authority must issue a person with a certificate exempting the
person from the duties imposed by section 164 (an “exemption certificate”) if
40
satisfied that it is appropriate to do so—
(a)
on medical grounds, or
(b)
on the ground that the person’s physical condition makes it impossible
or unreasonably difficult for the person to comply with those duties.
(2)
An exemption certificate is valid for such period as is specified in the
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certificate.