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Session 2009 - 10
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Other Bills before Parliament

Equality Bill


Equality Bill
Part 16 — General and miscellaneous

132

 

211     

References to maternity leave, etc.

(1)   

This section applies for the purpose of this Act.

(2)   

A reference to a woman on maternity leave is a reference to a woman on—

(a)   

compulsory maternity leave,

(b)   

ordinary maternity leave, or

5

(c)   

additional maternity leave.

(3)   

A reference to a woman on compulsory maternity leave is a reference to a

woman absent from work because she satisfies the conditions prescribed for

the purposes of section 72(1) of the Employment Rights Act 1996.

(4)   

A reference to a woman on ordinary maternity leave is a reference to a woman

10

absent from work because she is exercising the right to ordinary maternity

leave.

(5)   

A reference to the right to ordinary maternity leave is a reference to the right

conferred by section 71(1) of the Employment Rights Act 1996.

(6)   

A reference to a woman on additional maternity leave is a reference to a

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woman absent from work because she is exercising the right to additional

maternity leave.

(7)   

A reference to the right to additional maternity leave is a reference to the right

conferred by section 73(1) of the Employment Rights Act 1996.

(8)   

“Additional maternity leave period” has the meaning given in section 73(2) of

20

that Act.

212     

Index of defined expressions

Schedule 28 lists the places where expressions used in this Act are defined or

otherwise explained.

Final provisions

25

213     

Money

There is to be paid out of money provided by Parliament any increase

attributable to this Act in the expenses of a Minister of the Crown.

214     

Commencement

(1)   

The following provisions come into force on the day on which this Act is

30

passed—

(a)   

section 185(2) (rail vehicles accessibility: compliance);

(b)   

this Part (except sections 204 (information society services) and 209

(amendments, etc)).

(2)   

Part 15 (family property) comes into force on such day as the Lord Chancellor

35

may by order appoint.

(3)   

The other provisions of this Act come into force on such day as a Minister of

the Crown may by order appoint.

 
 

Equality Bill
Part 16 — General and miscellaneous

133

 

215     

Extent

(1)   

This Act forms part of the law of England and Wales.

(2)   

This Act, apart from section 189 (improvements to let dwelling houses) and

Part 15 (family property), forms part of the law of Scotland.

(3)   

Each of the following also forms part of the law of Northern Ireland—

5

(a)   

section 82 (offshore work);

(b)   

section 105(3) and (4) (expiry of Sex Discrimination (Election

Candidates) Act 2002);

(c)   

section 198 (abolition of presumption of advancement).

216     

Short title

10

This Act may be cited as the Equality Act 2010.

 
 

Equality Bill
Schedule 1 — Disability: supplementary provision
Part 1 — Determination of disability

134

 

Schedules

Schedule 1

Section 6

 

Disability: supplementary provision

Part 1

Determination of disability

5

Impairment

1          

Regulations may make provision for a condition of a prescribed description

to be, or not to be, an impairment.

Long-term effects

2     (1)  

The effect of an impairment is long-term if—

10

(a)   

it has lasted for at least 12 months,

(b)   

it is likely to last for at least 12 months, or

(c)   

it is likely to last for the rest of the life of the person affected.

      (2)  

If an impairment ceases to have a substantial adverse effect on a person’s

ability to carry out normal day-to-day activities, it is to be treated as

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continuing to have that effect if that effect is likely to recur.

      (3)  

For the purposes of sub-paragraph (2), the likelihood of an effect recurring

is to be disregarded in such circumstances as may be prescribed.

      (4)  

Regulations may prescribe circumstances in which, despite sub-paragraph

(1), an effect is to be treated as being, or as not being, long-term.

20

Severe disfigurement

3     (1)  

An impairment which consists of a severe disfigurement is to be treated as

having a substantial adverse effect on the ability of the person concerned to

carry out normal day-to-day activities.

      (2)  

Regulations may provide that in prescribed circumstances a severe

25

disfigurement is not to be treated as having that effect.

      (3)  

The regulations may, in particular, make provision in relation to deliberately

acquired disfigurement.

Substantial adverse effects

4          

Regulations may make provision for an effect of a prescribed description on

30

the ability of a person to carry out normal day-to-day activities to be treated

as being, or as not being, a substantial adverse effect.

 

 

Equality Bill
Schedule 1 — Disability: supplementary provision
Part 1 — Determination of disability

135

 

Effect of medical treatment

5     (1)  

An impairment is to be treated as having a substantial adverse effect on the

ability of the person concerned to carry out normal day-to-day activities if—

(a)   

measures are being taken to treat or correct it, and

(b)   

but for that, it would be likely to have that effect.

5

      (2)  

“Measures” includes, in particular, medical treatment and the use of a

prosthesis or other aid.

      (3)  

Sub-paragraph (1) does not apply—

(a)   

in relation to the impairment of a person’s sight, to the extent that the

impairment is, in the person’s case, correctable by spectacles or

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contact lenses or in such other ways as may be prescribed;

(b)   

in relation to such other impairments as may be prescribed, in such

circumstances as are prescribed.

Certain medical conditions

6     (1)  

Cancer, HIV infection and multiple sclerosis are each a disability.

15

      (2)  

HIV infection is infection by a virus capable of causing the Acquired

Immune Deficiency Syndrome.

Deemed disability

7     (1)  

Regulations may provide for persons of prescribed descriptions to be treated

as having disabilities.

20

      (2)  

The regulations may prescribe circumstances in which a person who has a

disability is to be treated as no longer having the disability.

      (3)  

This paragraph does not affect the other provisions of this Schedule.

Progressive conditions

8     (1)  

This paragraph applies to a person (P) if—

25

(a)   

P has a progressive condition,

(b)   

as a result of that condition P has an impairment which has (or had)

an effect on P’s ability to carry out normal day-to-day activities, but

(c)   

the effect is not (or was not) a substantial adverse effect.

      (2)  

P is to be taken to have an impairment which has a substantial adverse effect

30

if the condition is likely to result in P having such an impairment.

      (3)  

Regulations may make provision for a condition of a prescribed description

to be treated as being, or as not being, progressive.

Past disabilities

9     (1)  

A question as to whether a person had a disability at a particular time (“the

35

relevant time”) is to be determined, for the purposes of section 6, as if the

provisions of, or made under, this Act were in force when the act

complained of was done had been in force at the relevant time.

      (2)  

The relevant time may be a time before the coming into force of the provision

of this Act to which the question relates.

40

 
 

Equality Bill
Schedule 1 — Disability: supplementary provision
Part 2 — Guidance

136

 

Part 2

Guidance

Preliminary

10         

This Part of this Schedule applies in relation to guidance referred to in

section 6(5).

5

Examples

11         

The guidance may give examples of—

(a)   

effects which it would, or would not, be reasonable, in relation to

particular activities, to regard as substantial adverse effects;

(b)   

substantial adverse effects which it would, or would not, be

10

reasonable to regard as long-term.

Adjudicating bodies

12    (1)  

In determining whether a person is a disabled person, an adjudicating body

must take account of such guidance as it thinks is relevant.

      (2)  

An adjudicating body is—

15

(a)   

a court;

(b)   

a tribunal;

(c)   

a person (other than a court or tribunal) who may decide a claim

relating to a contravention of Part 6 (education).

Representations

20

13         

Before issuing the guidance, the Minister must—

(a)   

publish a draft of it;

(b)   

consider any representations made to the Minister about the draft;

(c)   

make such modifications as the Minister thinks appropriate in the

light of the representations.

25

Parliamentary procedure

14    (1)  

If the Minister decides to proceed with proposed guidance, a draft of it must

be laid before Parliament.

      (2)  

If, before the end of the 40-day period, either House resolves not to approve

the draft, the Minister must take no further steps in relation to the proposed

30

guidance.

      (3)  

If no such resolution is made before the end of that period, the Minister must

issue the guidance in the form of the draft.

      (4)  

Sub-paragraph (2) does not prevent a new draft of proposed guidance being

laid before Parliament.

35

      (5)  

The 40-day period—

(a)   

begins on the date on which the draft is laid before both Houses (or,

if laid before each House on a different date, on the later date);

 
 

Equality Bill
Schedule 2 — Services and public functions: reasonable adjustments

137

 

(b)   

does not include a period during which Parliament is prorogued or

dissolved;

(c)   

does not include a period during which both Houses are adjourned

for more than 4 days.

Commencement

5

15         

The guidance comes into force on the day appointed by order by the

Minister.

Revision and revocation

16    (1)  

The Minister may—

(a)   

revise the whole or part of guidance and re-issue it;

10

(b)   

by order revoke guidance.

      (2)  

A reference to guidance includes a reference to guidance which has been

revised and re-issued.

Schedule 2

Section 31

 

Services and public functions: reasonable adjustments

15

Preliminary

1          

This Schedule applies where a duty to make reasonable adjustments is

imposed on A by this Part.

The duty

2     (1)  

A must comply with the first, second and third requirements.

20

      (2)  

For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to

a disabled person is to disabled persons generally.

      (3)  

Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage”

there were substituted—

“(a)   

to avoid the disadvantage, or

25

(b)   

to adopt a reasonable alternative method of providing the

service or exercising the function.”

      (4)  

In relation to each requirement, the relevant matter is the provision of the

service, or the exercise of the function, by A.

      (5)  

Being placed at a substantial disadvantage in relation to the exercise of a

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function means—

(a)   

if a benefit is or may be conferred in the exercise of the function,

being placed at a substantial disadvantage in relation to the

conferment of the benefit, or

(b)   

if a person is or may be subjected to a detriment in the exercise of the

35

function, suffering an unreasonably adverse experience when being

subjected to the detriment.

 
 

Equality Bill
Schedule 2 — Services and public functions: reasonable adjustments

138

 

      (6)  

In relation to the second requirement, a physical feature includes a physical

feature brought by or on behalf of A, in the course of providing the service

or exercising the function, on to premises other than those that A occupies

(as well as including a physical feature in or on premises that A occupies).

      (7)  

If A is a service-provider, nothing in this paragraph requires A to take steps

5

which would fundamentally alter—

(a)   

the nature of the service;

(b)   

the nature of A’s trade or profession.

      (8)  

If A exercises a public function, nothing in this paragraph requires A to take

a step which A has no power to take.

10

Special provision about transport

3     (1)  

This paragraph applies where A is concerned with the provision of a service

which involves transporting people by land, air or water.

      (2)  

It is never reasonable for A to have to take a step which would—

(a)   

involve the alteration or removal of a physical feature of a vehicle

15

used in providing the service;

(b)   

affect whether vehicles are provided;

(c)   

affect what vehicles are provided;

(d)   

affect what happens in the vehicle while someone is travelling in it.

      (3)  

But, for the purpose of complying with the first or third requirement, A may

20

not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—

(a)   

a hire-vehicle designed and constructed for the carriage of

passengers, comprising more than 8 seats in addition to the driver’s

seat and having a maximum mass not exceeding 5 tonnes,

(b)   

a hire-vehicle designed and constructed for the carriage of goods and

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having a maximum mass not exceeding 3.5 tonnes,

(c)   

a vehicle licensed under section 48 of the Local Government

(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire

Vehicles (London) Act 1998 (or under a provision of a local Act

corresponding to either of those provisions),

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(d)   

a private hire car (within the meaning of section 23 of the Civic

Government (Scotland) Act 1982),

(e)   

a public service vehicle (within the meaning given by section 1 of the

Public Passenger Vehicles Act 1981),

(f)   

a vehicle built or adapted to carry passengers on a railway or

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tramway (within the meaning, in each case, of the Transport and

Works Act 1992),

(g)   

a taxi,

(h)   

a vehicle deployed to transport the driver and passengers of a vehicle

that has broken down or is involved in an accident, or

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(i)   

a vehicle deployed on a system using a mode of guided transport

(within the meaning of the Transport and Works Act 1992).

      (4)  

In so far as the second requirement requires A to adopt a reasonable

alternative method of providing the service to disabled persons, A may not,

for the purpose of complying with the requirement, rely on sub-paragraph

45

(2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h).

 
 

 
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