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Equality Bill


Equality Bill
Part 16 — General and miscellaneous

128

 

(4)   

A statutory instrument containing (whether alone or with other provision) an

order or regulations mentioned in subsection (5) is subject to the affirmative

procedure.

(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

for exemption orders);

(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

Wales, and

(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

instrument.

207     

The Welsh Ministers

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

procedure.

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);

 
 

Equality Bill
Part 16 — General and miscellaneous

129

 

(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

provides for—

(a)   

the omission of an entry where the authority concerned has ceased to

exist, or

10

(b)   

the variation of an entry where the authority concerned has changed its

name.

(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

procedure.

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

provides for—

(a)   

the omission of an entry where the authority concerned has ceased to

40

exist, or

(b)   

the variation of an entry where the authority concerned has changed its

name.

(5)   

A statutory instrument that is not subject to the affirmative procedure by virtue

of subsection (2) is subject to the negative procedure.

45

 
 

Equality Bill
Part 16 — General and miscellaneous

130

 

(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

Amendments, etc.

209     

Amendments, repeals and revocations

(1)   

Schedule 26 (amendments) has effect.

(2)   

Schedule 27 (repeals and revocations) has effect.

Interpretation

10

210     

General interpretation

(1)   

In this Act—

“armed forces” means any of the naval, military or air forces of the Crown;

“the Commission” means the Commission for Equality and Human

Rights;

15

“detriment” does not, subject to subsection (5), include conduct which

amounts to harassment;

“the Education Acts” has the meaning given in section 578 of the

Education Act 1996;

“employment” and related expressions are (subject to subsection (11)) to

20

be read with section 83;

“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—

 
 

Equality Bill
Part 16 — General and miscellaneous

131

 

(a)   

subordinate legislation within the meaning of the Interpretation

Act 1978 (c. 30), or

(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

(b)   

refusal to do it;

(c)   

failure to do it.

(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,

facility or service.

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

occupation.

(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

contrary.

(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

exception.

 
 

 
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