Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 14 — General exceptions
121

(7)
It is not a contravention of section 29 for a person, in relation to an activity
which is carried on for the purpose of promoting or supporting a charity, to
restrict participation in the activity to persons of one sex.
(8)
A charity regulator does not contravene this Act only by exercising a function
in relation to a charity in a manner which the regulator thinks is expedient in
5
the interests of the charity, having regard to the charitable instrument.
(9)
Subsection (1) does not apply to a contravention of—
(a)
section 39;
(b)
section 40;
(c)
section 41;
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(d)
section 55, so far as relating to the provision of vocational training.
(10)
Subsection (9) does not apply in relation to disability.
193
Charities: supplementary
(1)
This section applies for the purposes of section 192.
(2)
That section does not apply to race, so far as relating to colour.
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(3)
“Charity”—
(a)
in relation to England and Wales, has the meaning given by the
Charities Act 2006 (c. 50);
(b)
in relation to Scotland, means a body entered in the Scottish Charity
Register.
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(4)
“Charitable instrument” means an instrument establishing or governing a
charity (including an instrument made or having effect before the
commencement of this section).
(5)
The charity regulators are—
(a)
the Charity Commission for England and Wales;
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(b)
the Scottish Charity Regulator.
(6)
Section 106(5) applies to references in subsection (5) of section 192 to members,
or persons wishing to become members, of a charity.
(7)
“Supported employment” means facilities provided, or in respect of which
payments are made, under section 15 of the Disabled Persons (Employment)
30
Act 1944 (c. 10).
194
Sport
(1)
A person does not contravene this Act, so far as relating to sex, only by doing
anything in relation to the participation of another as a competitor in a gender-
affected activity.
35
(2)
A person does not contravene section 29, 33, 34 or 35, so far as relating to
gender reassignment, only by doing anything in relation to the participation of
a transsexual person as a competitor in a gender-affected activity if it is
necessary to do so to secure in relation to the activity—
(a)
fair competition, or
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(b)
the safety of competitors.

Equality Bill
Part 14 — General exceptions
122

(3)
A gender-affected activity is a sport, game or other activity of a competitive
nature in circumstances in which the physical strength, stamina or physique of
average persons of one sex would put them at a disadvantage compared to
average persons of the other sex as competitors in events involving the activity.
(4)
In considering whether a sport, game or other activity is gender-affected in
5
relation to children, it is appropriate to take account of the age and stage of
development of children who are likely to be competitors.
(5)
A person who does anything to which subsection (6) applies does not
contravene this Act only because of the nationality or place of birth of another
or because of the length of time the other has been resident in a particular area
10
or place.
(6)
This subsection applies to—
(a)
selecting one or more persons to represent a country, place or area or a
related association, in a sport or game or other activity of a competitive
nature;
15
(b)
doing anything in pursuance of the rules of a competition so far as
relating to eligibility to compete in a sport or game or other such
activity.
195
General
Schedule 23 (general exceptions) has effect.
20
196
Age
(1)
A Minister of the Crown may by order amend this Act to provide that any of
the following does not contravene this Act so far as relating to age—
(a)
specified conduct;
(b)
anything done for a specified purpose;
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(c)
anything done in pursuance of arrangements of a specified description.
(2)
Specified conduct is conduct—
(a)
of a specified description,
(b)
carried out in specified circumstances, or
(c)
by or in relation to a person of a specified description.
30
(3)
An order under this section may—
(a)
confer on a Minister of the Crown or the Treasury a power to issue
guidance about the operation of the order (including, in particular,
guidance about the steps that may be taken by persons wishing to rely
on an exception provided for by the order);
35
(b)
require the Minister or the Treasury to carry out consultation before
issuing guidance under a power conferred by virtue of paragraph (a);
(c)
make provision (including provision to impose a requirement) that
refers to guidance issued under a power conferred by virtue of
paragraph (a).
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(4)
Guidance given by a Minister of the Crown or the Treasury in anticipation of
the making of an order under this section is, on the making of the order, to be
treated as if it has been issued in accordance with the order.

Equality Bill
Part 15 — Family property
123

(5)
For the purposes of satisfying a requirement imposed by virtue of subsection
(3)(b), the Minister or the Treasury may rely on consultation carried out before
the making of the order that imposes the requirement (including consultation
carried out before the commencement of this section).
(6)
Provision by virtue of subsection (3)(c) may, in particular, refer to provisions
5
of the guidance that themselves refer to a document specified in the guidance.
(7)
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.
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(8)
This section is not affected by any provision of this Act which makes special
provision in relation to age.
(9)
The references to this Act in subsection (1) do not include references to—
(a)
Part 5 (work);
(b)
Chapter 2 of Part 6 (further and higher education).
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Part 15
Family property
197
Abolition of husband’s duty to maintain wife
The rule of common law that a husband must maintain his wife is abolished.
198
Abolition of presumption of advancement
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(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—
25
(a)
anything done before the commencement of this section, or
(b)
anything done pursuant to any obligation incurred before the
commencement of this section.
199
Amendment of Married Women’s Property Act 1964
(1)
In section 1 of the Married Women’s Property Act 1964 (money and property
30
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.
35
(3)
The amendments made by this section do not have effect in relation to any
allowance made before the commencement of this section.

Equality Bill
Part 16 — General and miscellaneous
124

200
Civil partners: housekeeping allowance
(1)
After section 70 of the Civil Partnership Act 2004 insert—
“70A
Money 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
5
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,
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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
allowance made before the commencement of this section.
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Part 16
General and miscellaneous
Community obligations
201
Harmonisation
(1)
This section applies if—
20
(a)
there is a Community obligation of the United Kingdom which a
Minister of the Crown thinks relates to the subject matter of the
Equality Acts,
(b)
the obligation is to be implemented by the exercise of the power under
section 2(2) of the European Communities Act 1972 (the implementing
25
power), and
(c)
the Minister thinks that it is appropriate to make harmonising
provision in the Equality Acts.
(2)
The Minister may by order make the harmonising provision.
(3)
If the Minister proposes to make an order under this section, the Minister must
30
consult persons and organisations the Minister thinks are likely to be affected
by the harmonising provision.
(4)
If, as a result of the consultation under subsection (3), the Minister thinks it
appropriate to change the whole or part of the proposal, the Minister must
carry out such further consultation with respect to the changes as the Minister
35
thinks appropriate.
(5)
The Equality Acts are the Equality Act 2006 and this Act.
(6)
Harmonising provision is provision made in relation to relevant subject matter
of the Equality Acts—
(a)
which corresponds to the implementing provision, or
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Equality Bill
Part 16 — General and miscellaneous
125

(b)
which the Minister thinks is necessary or expedient in consequence of
or related to provision made in pursuance of paragraph (a) or the
implementing provision.
(7)
The implementing provision is provision made or to be made in exercise of the
implementing power in relation to so much of the subject matter of the
5
Equality Acts as implements a Community obligation.
(8)
Relevant subject matter of the Equality Acts is so much of the subject matter of
those Acts as does not implement a Community obligation.
(9)
A harmonising provision may amend a provision of the Equality Acts.
(10)
The reference to this Act does not include a reference to this section or Schedule
10
24 or to a provision specified in that Schedule.
(11)
A Minister of the Crown must report to Parliament on the exercise of the power
under subsection (2)—
(a)
at the end of the period of 2 years starting on the day this section comes
into force;
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(b)
at the end of each succeeding period of 2 years.
202
Harmonisation: procedure
(1)
If, after the conclusion of the consultation required under section 201, the
Minister thinks it appropriate to proceed with the making of an order under
that section, the Minister must lay before Parliament—
20
(a)
a draft of a statutory instrument containing the order, together with
(b)
an explanatory document.
(2)
The explanatory document must—
(a)
introduce and give reasons for the harmonising provision;
(b)
explain why the Minister thinks that the conditions in subsection (1) of
25
section 201 are satisfied;
(c)
give details of the consultation carried out under that section;
(d)
give details of the representations received as a result of the
consultation;
(e)
give details of such changes as were made as a result of the
30
representations.
(3)
Where a person making representations in response to the consultation has
requested the Minister not to disclose them, the Minister must not disclose
them under subsection (2)(d) if, or to the extent that, to do so would
(disregarding any connection with proceedings in Parliament) constitute an
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actionable breach of confidence.
(4)
If information in representations made by a person in response to consultation
under section 201 relates to another person, the Minister need not disclose the
information under subsection (2)(d) if or to the extent that—
(a)
the Minister thinks that the disclosure of information could adversely
40
affect the interests of that other person, and
(b)
the Minister has been unable to obtain the consent of that other person
to the disclosure.

Equality Bill
Part 16 — General and miscellaneous
126

(5)
The Minister may not act under subsection (1) before the end of the period of
12 weeks beginning with the day on which the consultation under section
201(3) begins.
(6)
Laying a draft of a statutory instrument in accordance with subsection (1)
satisfies the condition as to laying imposed by subsection (8) of section 206, in
5
so far as that subsection applies in relation to orders under section 201.
Application
203
Crown application
(1)
The following provisions of this Act bind the Crown—
(a)
Part 1 (public sector duty regarding socio-economic inequalities);
10
(b)
Part 3 (services and public functions), so far as relating to the exercise
of public functions;
(c)
Chapter 1 of Part 11 (public sector equality duty).
(2)
Part 5 (work) binds the Crown as provided for by that Part.
(3)
The remainder of this Act applies to Crown acts as it applies to acts done by a
15
private person.
(4)
For the purposes of subsection (3), an act is a Crown act if (and only if) it is
done—
(a)
by or on behalf of a member of the executive,
(b)
by a statutory body acting on behalf of the Crown, or
20
(c)
by or on behalf of the holder of a statutory office acting on behalf of the
Crown.
(5)
A statutory body or office is a body or office established by an enactment.
(6)
The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to
proceedings against the Crown under this Act as they apply to proceedings in
25
England and Wales which, as a result of section 23 of that Act, are treated for
the purposes of Part 2 of that Act as civil proceedings by or against the Crown.
(7)
The provisions of Part 5 of that Act apply to proceedings against the Crown
under this Act as they apply to proceedings in Scotland which, as a result of
that Part, are treated as civil proceedings by or against the Crown.
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(8)
But the proviso to section 44 of that Act (removal of proceedings from the
sheriff to the Court of Session) does not apply to proceedings under this Act.
204
Information society services
Schedule 25 (information society services) has effect.
Subordinate legislation
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205
Exercise of power
(1)
A power to make an order or regulations under this Act is exercisable by a
Minister of the Crown, unless expressly provided to the contrary.

Equality Bill
Part 16 — General and miscellaneous
127

(2)
Orders, regulations or rules under this Act must be made by statutory
instrument.
(3)
Subsection (2) does not apply to—
(a)
a transitional exemption order under Part 1 of Schedule 11,
(b)
a transitional exemption order under Part 1 of Schedule 12, or
5
(c)
an order under paragraph 1(3) of Schedule 14 that does not modify an
enactment.
(4)
Orders or regulations under this Act—
(a)
may make different provision for different purposes;
(b)
may include consequential, incidental, supplementary, transitional,
10
transitory or saving provision.
(5)
Nothing in section 162(4), 173(4) or 181(3) affects the generality of the power
under subsection (4)(a).
(6)
The power under subsection (4)(b), in its application to section 37, 152, 153(2),
154(5), 196 or 214 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3)
15
of Schedule 14, includes power to amend an enactment (including, in the case
of section 196 or 214, this Act).
(7)
In the case of section 214, provision by virtue of subsection (4)(b) may be
included in a separate order from the order that provides for the
commencement to which the provision relates; and, for that purpose, it does
20
not matter—
(a)
whether the order providing for the commencement includes provision
by virtue of subsection (4)(b);
(b)
whether the commencement has taken place.
(8)
A statutory instrument containing an Order in Council under section 82
25
(offshore work) is subject to annulment in pursuance of a resolution of either
House of Parliament.
206
Ministers of the Crown, etc
(1)
This section applies where the power to make an order or regulations under
this Act is exercisable by a Minister of the Crown or the Treasury.
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(2)
A statutory instrument containing (whether alone or with other provision) an
order or regulations that amend this Act or another Act of Parliament, or an Act
of the Scottish Parliament or an Act or Measure of the National Assembly for
Wales, is subject to the affirmative procedure.
(3)
But a statutory instrument is not subject to the affirmative procedure by virtue
35
of subsection (2) merely because it contains—
(a)
an order under section 59 (local authority functions);
(b)
an order under section 150 (power to amend list of public authorities
for the purposes of the public sector equality duty) that provides for the
omission of an entry where the authority concerned has ceased to exist
40
or the variation of an entry where the authority concerned has changed
its name;
(c)
an order under paragraph 1(3) of Schedule 14 that modifies an
enactment (educational charities and endowments).