|
| |
|
(4) | A statutory instrument containing (whether alone or with other provision) an |
| |
order or regulations mentioned in subsection (5) is subject to the affirmative |
| |
| |
(5) | The orders and regulations referred to in subsection (4) are— |
| |
(a) | regulations under section 30 (services: ships and hovercraft); |
| 5 |
(b) | regulations under section 78 (gender pay gap information); |
| |
(c) | regulations under section 81 (work: ships and hovercraft); |
| |
(d) | an order under section 105 (election candidates: expiry of provision); |
| |
(e) | regulations under section 152 or 153(2) (public sector equality duty); |
| |
(f) | regulations under section 183(4) (rail vehicle accessibility: procedure |
| 10 |
| |
(g) | an order under section 201 (Community obligations: harmonisation); |
| |
(h) | regulations under paragraph 9(3) of Schedule 20 (rail vehicle |
| |
accessibility: determination of turnover for purposes of penalties). |
| |
(6) | A statutory instrument that is not subject to the affirmative procedure by virtue |
| 15 |
of subsection (2) or (4) is subject to the negative procedure. |
| |
(7) | But a statutory instrument is not subject to the negative procedure by virtue of |
| |
subsection (6) merely because it contains— |
| |
(a) | an order under section 182(1) (rail vehicle accessibility: exemptions); |
| |
(b) | an order under section 214 (commencement) that— |
| 20 |
(i) | does not amend an Act of Parliament, an Act of the Scottish |
| |
Parliament or an Act or Measure of the National Assembly for |
| |
| |
(ii) | is not made in reliance on section 205(7). |
| |
(8) | If a statutory instrument is subject to the affirmative procedure, the order or |
| 25 |
regulations contained in it must not be made unless a draft of the instrument is |
| |
laid before and approved by a resolution of each House of Parliament. |
| |
(9) | If a statutory instrument is subject to the negative procedure, it is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(10) | If a draft of a statutory instrument containing an order or regulations under |
| 30 |
section 2, 150, 152, 153(2) or 154(5) would, apart from this subsection, be treated |
| |
for the purposes of the Standing Orders of either House of Parliament as a |
| |
hybrid instrument, it is to proceed in that House as if it were not a hybrid |
| |
| |
| 35 |
(1) | This section applies where the power to make an order or regulations under |
| |
this Act is exercisable by the Welsh Ministers. |
| |
(2) | A statutory instrument containing (whether alone or with other provision) an |
| |
order or regulations mentioned in subsection (3) is subject to the affirmative |
| |
| 40 |
(3) | The orders and regulations referred to in subsection (2) are— |
| |
(a) | regulations under section 2 (socio-economic inequalities); |
| |
(b) | an order under section 150 (power to amend list of public authorities |
| |
for the purposes of the public sector equality duty); |
| |
|
| |
|
| |
|
(c) | regulations under section 152 or 153(2) (public sector equality duty: |
| |
powers to impose specific duties); |
| |
(d) | regulations under section 154(5) that amend an Act of Parliament or an |
| |
Act or Measure of the National Assembly for Wales (public sector |
| |
equality duty: power to modify or remove specific duties). |
| 5 |
(4) | But a statutory instrument is not subject to the affirmative procedure by virtue |
| |
of subsection (2) merely because it contains an order under section 150 that |
| |
| |
(a) | the omission of an entry where the authority concerned has ceased to |
| |
| 10 |
(b) | the variation of an entry where the authority concerned has changed its |
| |
| |
(5) | A statutory instrument that is not subject to the affirmative procedure by virtue |
| |
of subsection (2) is subject to the negative procedure. |
| |
(6) | If a statutory instrument is subject to the affirmative procedure, the order or |
| 15 |
regulations contained in it must not be made unless a draft of the instrument is |
| |
laid before and approved by a resolution of the National Assembly for Wales. |
| |
(7) | If a statutory instrument is subject to the negative procedure, it is subject to |
| |
annulment in pursuance of a resolution of the National Assembly for Wales. |
| |
208 | The Scottish Ministers |
| 20 |
(1) | This section applies where the power to make an order, regulations or rules |
| |
under this Act is exercisable by the Scottish Ministers. |
| |
(2) | A statutory instrument containing (whether alone or with other provision) an |
| |
order or regulations mentioned in subsection (3) is subject to the affirmative |
| |
| 25 |
(3) | The orders and regulations referred to in subsection (2) are— |
| |
(a) | regulations under section 2 (socio-economic inequalities); |
| |
(b) | regulations under section 37 (power to make provision about |
| |
adjustments to common parts in Scotland); |
| |
(c) | an order under section 150 (power to amend list of public authorities |
| 30 |
for the purposes of the public sector equality duty); |
| |
(d) | regulations under section 152 or 153(2) (public sector equality duty: |
| |
powers to impose specific duties); |
| |
(e) | regulations under section 154(5) that amend an Act of Parliament or an |
| |
Act of the Scottish Parliament (public sector equality duty: power to |
| 35 |
modify or remove specific duties). |
| |
(4) | But a statutory instrument is not subject to the affirmative procedure by virtue |
| |
of subsection (2) merely because it contains an order under section 150 that |
| |
| |
(a) | the omission of an entry where the authority concerned has ceased to |
| 40 |
| |
(b) | the variation of an entry where the authority concerned has changed its |
| |
| |
(5) | A statutory instrument that is not subject to the affirmative procedure by virtue |
| |
of subsection (2) is subject to the negative procedure. |
| 45 |
|
| |
|
| |
|
(6) | If a statutory instrument is subject to the affirmative procedure, the order or |
| |
regulations contained in it must not be made unless a draft of the instrument is |
| |
laid before and approved by a resolution of the Scottish Parliament. |
| |
(7) | If a statutory instrument is subject to the negative procedure, it is subject to |
| |
annulment in pursuance of a resolution of the Scottish Parliament. |
| 5 |
| |
209 | Amendments, repeals and revocations |
| |
(1) | Schedule 26 (amendments) has effect. |
| |
(2) | Schedule 27 (repeals and revocations) has effect. |
| |
| 10 |
210 | General interpretation |
| |
| |
“armed forces” means any of the naval, military or air forces of the Crown; |
| |
“the Commission” means the Commission for Equality and Human |
| |
| 15 |
“detriment” does not, subject to subsection (5), include conduct which |
| |
| |
“the Education Acts” has the meaning given in section 578 of the |
| |
| |
“employment” and related expressions are (subject to subsection (11)) to |
| 20 |
| |
“enactment” means an enactment contained in— |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | an Act or Measure of the National Assembly for Wales, or |
| 25 |
(d) | subordinate legislation; |
| |
“equality clause” means a sex equality clause or maternity equality clause; |
| |
“equality rule” means a sex equality rule or maternity equality rule; |
| |
“man” means a male of any age; |
| |
“maternity equality clause” has the meaning given in section 73; |
| 30 |
“maternity equality rule” has the meaning given in section 75; |
| |
“non-discrimination rule” has the meaning given in section 61; |
| |
“occupational pension scheme” has the meaning given in section 1 of the |
| |
Pension Schemes Act 1993; |
| |
“parent” has the same meaning as in— |
| 35 |
(a) | the Education Act 1996 (in relation to England and Wales); |
| |
(b) | the Education (Scotland) Act 1980 (in relation to Scotland); |
| |
“prescribed” means prescribed by regulations; |
| |
“profession” includes a vocation or occupation; |
| |
“sex equality clause” has the meaning given in section 66; |
| 40 |
“sex equality rule” has the meaning given in section 67; |
| |
“subordinate legislation” means— |
| |
|
| |
|
| |
|
(a) | subordinate legislation within the meaning of the Interpretation |
| |
| |
(b) | an instrument made under an Act of the Scottish Parliament or |
| |
an Act or Measure of the National Assembly for Wales; |
| |
“trade” includes any business; |
| 5 |
“woman” means a female of any age. |
| |
(2) | A reference (however expressed) to an act includes a reference to an omission. |
| |
(3) | A reference (however expressed) to an omission includes (unless there is |
| |
express provision to the contrary) a reference to— |
| |
(a) | deliberate omission to do a thing; |
| 10 |
| |
| |
(4) | A reference (however expressed) to providing or affording access to a benefit, |
| |
facility or service includes a reference to facilitating access to the benefit, |
| |
| 15 |
(5) | Where this Act disapplies a prohibition on harassment in relation to a specified |
| |
protected characteristic, the disapplication does not prevent conduct relating |
| |
to that characteristic from amounting to a detriment for the purposes of |
| |
discrimination within section 13 because of that characteristic. |
| |
(6) | A reference to occupation, in relation to premises, is a reference to lawful |
| 20 |
| |
(7) | The following are members of the executive— |
| |
(a) | a Minister of the Crown; |
| |
(b) | a government department; |
| |
(c) | the Welsh Ministers, the First Minister for Wales or the Counsel |
| 25 |
General to the Welsh Assembly Government; |
| |
(d) | any part of the Scottish Administration. |
| |
(8) | A reference to a breach of an equality clause or rule is a reference to a breach of |
| |
a term modified by, or included by virtue of, an equality clause or rule. |
| |
(9) | A reference to a contravention of this Act does not include a reference to a |
| 30 |
breach of an equality clause or rule, unless there is express provision to the |
| |
| |
(10) | “Member”, in relation to an occupational pension scheme, means an active |
| |
member, a deferred member or a pensioner member (within the meaning, in |
| |
each case, given by section 124 of the Pensions Act 1995). |
| 35 |
(11) | “Employer”, “deferred member”, “pension credit member”, “pensionable |
| |
service”, “pensioner member” and “trustees or managers” each have, in |
| |
relation to an occupational pension scheme, the meaning given by section 124 |
| |
of the Pensions Act 1995. |
| |
(12) | A reference to the accrual of rights under an occupational pension scheme is to |
| 40 |
be construed in accordance with that section. |
| |
(13) | Nothing in section 28, 32, 84, 90, 95 or 100 is to be regarded as an express |
| |
| |
|
| |
|