Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 23 — General exceptions
222

(b)
holds an office or appointment in, or is accredited, approved or
recognised for the purposes of the organisation.
      (9)
The strongly held convictions are—
(a)
in the case of a religion, the strongly held religious convictions of a
significant number of the religion’s followers;
5
(b)
in the case of a belief, the strongly held convictions relating to the
belief of a significant number of the belief’s followers.
     (10)
This paragraph does not permit anything which is prohibited by section 29,
so far as relating to sexual orientation, if it is done—
(a)
on behalf of a public authority, and
10
(b)
under the terms of a contract between the organisation and the
public authority.
     (11)
In the application of this paragraph in relation to sexual orientation, sub-
paragraph (1)(e) must be ignored.
     (12)
In the application of this paragraph in relation to sexual orientation, in sub-
15
paragraph (3)(d), “disposal” does not include disposal of an interest in
premises by way of sale if the interest being disposed of is—
(a)
the entirety of the organisation’s interest in the premises, or
(b)
the entirety of the interest in respect of which the organisation has
power of disposal.
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     (13)
In this paragraph—
(a)
“disposal” is to be construed in accordance with section 38;
(b)
“public authority” has the meaning given in section 149(1).
Communal accommodation
3     (1)
A person does not contravene this Act, so far as relating to sex
25
discrimination or gender reassignment discrimination, only because of
anything done in relation to—
(a)
the admission of persons to communal accommodation;
(b)
the provision of a benefit, facility or service linked to the
accommodation.
30
      (2)
Sub-paragraph (1)(a) does not apply unless the accommodation is managed
in a way which is as fair as possible to both men and women.
      (3)
In applying sub-paragraph (1)(a), account must be taken of—
(a)
whether and how far it is reasonable to expect that the
accommodation should be altered or extended or that further
35
accommodation should be provided, and
(b)
the frequency of the demand or need for use of the accommodation
by persons of one sex as compared with those of the other.
      (4)
In applying sub-paragraph (1)(a) in relation to gender reassignment,
account must also be taken of whether and how far the conduct in question
40
is a proportionate means of achieving a legitimate aim.
      (5)
Communal accommodation is residential accommodation which includes
dormitories or other shared sleeping accommodation which for reasons of
privacy should be used only by persons of the same sex.

Equality Bill
Schedule 23 — General exceptions
223

      (6)
Communal accommodation may include—
(a)
shared sleeping accommodation for men and for women;
(b)
ordinary sleeping accommodation;
(c)
residential accommodation all or part of which should be used only
by persons of the same sex because of the nature of the sanitary
5
facilities serving the accommodation.
      (7)
A benefit, facility or service is linked to communal accommodation if—
(a)
it cannot properly and effectively be provided except for those using
the accommodation, and
(b)
a person could be refused use of the accommodation in reliance on
10
sub-paragraph (1)(a).
      (8)
This paragraph does not apply for the purposes of Part 5 unless such
arrangements as are reasonably practicable are made to compensate for—
(a)
in a case where sub-paragraph (1)(a) applies, the refusal of use of the
accommodation;
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(b)
in a case where sub-paragraph (1)(b) applies, the refusal of provision
of the benefit, facility or service.
Training provided to non-EEA residents, etc.
4     (1)
A person (A) does not contravene this Act, so far as relating to nationality,
only by providing a non-resident (B) with training, if A thinks that B does
20
not intend to exercise in Great Britain skills B obtains as a result.
      (2)
A non-resident is a person who is not ordinarily resident in an EEA state.
      (3)
The reference to providing B with training is—
(a)
if A employs B in relevant employment, a reference to doing
anything in or in connection with the employment;
25
(b)
if A as a principal allows B to do relevant contract work, a reference
to doing anything in or in connection with allowing B to do the work;
(c)
in a case within paragraph (a) or (b) or any other case, a reference to
affording B access to facilities for education or training or ancillary
benefits.
30
      (4)
Employment or contract work is relevant if its sole or main purpose is the
provision of training in skills.
      (5)
In the case of training provided by the armed forces or Secretary of State for
purposes relating to defence, sub-paragraph (1) has effect as if—
(a)
the reference in sub-paragraph (2) to an EEA state were a reference
35
to Great Britain, and
(b)
in sub-paragraph (4), for “its sole or main purpose is” there were
substituted “it is for purposes including”.
      (6)
“Contract work” and “principal” each have the meaning given in section 41.

Equality Bill
Schedule 24 — Harmonisation: exceptions
224

Schedule 24
Section 201

Harmonisation: exceptions

Part 1 (public sector duty regarding socio-economic

inequalities)

Chapter 2 of Part 5 (occupational pensions)

5

Section 78 (gender pay gap)

Chapters 1 to 3 of Part 9 (enforcement) and Chapter 5 of that

Part (except section 135)

Sections 141 and 145 (unenforceable terms, declaration in

respect of void terms)

10

Chapter 1 of Part 11 (public sector duty)

Part 12 (disabled persons: transport)

Part 13 (disability: miscellaneous)

Section 196 (power to specify age exceptions)

Part 15 (family property)

15

Part 16 (general and miscellaneous)

Schedule 1 (disability: supplementary provision)

In Schedule 3 (services and public functions: exceptions)—

(a)
in Part 3 (health and care), paragraphs 13 and 14;

(b)
Part 4 (immigration);

20

(c)
Part 5 (insurance);

(d)
Part 6 (marriage);

(e)
Part 7 (separate and single services), except paragraph

30;

(f)
Part 8 (television, radio and on-line broadcasting and

25

distribution);

(g)
Part 9 (transport);

(h)
Part 10 (supplementary)

Schedule 4 (premises: reasonable adjustments)

Schedule 5 (premises: exceptions), except paragraph 1

30

Schedule 6 (office-holders: excluded offices), except so far as

relating to colour or nationality or marriage and civil

partnership

Schedule 8 (work: reasonable adjustments)

Equality Bill
Schedule 25 — Information society services
225

In Schedule 9 (work: exceptions)—

(a)
Part 1 (general), except so far as relating to colour or

nationality;

(b)
Part 2 (exceptions relating to age);

(c)
Part 3 (other exceptions), except paragraph 19 so far as

5

relating to colour or nationality

Schedule 10 (education: accessibility for disabled pupils)

Schedule 13 (education: reasonable adjustments), except

paragraphs 2, 5, 6 and 9

Schedule 17 (education: disabled pupils: enforcement)

10

Schedule 18 (public sector equality duty: exceptions)

Schedule 19 (list of public authorities)

Schedule 20 (rail vehicle accessibility: compliance)

Schedule 21 (reasonable adjustments: supplementary)

In Schedule 22 (exceptions: statutory provisions), paragraphs 2

15

and 5

Schedule 23 (general exceptions), except paragraph 2

Schedule 25 (information society services)

Schedule 25
Section 204

Information society services
20
Service providers
1     (1)
This paragraph applies where a person concerned with the provision of an
information society service (an “information society service provider”) is
established in Great Britain.
      (2)
This Act applies to anything done by the person in an EEA state (other than
25
the United Kingdom) in providing the service as this Act would apply if the
act in question were done by the person in Great Britain.
2     (1)
This paragraph applies where an information society service provider is
established in an EEA state (other than the United Kingdom).
      (2)
This Act does not apply to anything done by the person in providing the
30
service.
Exceptions for mere conduits
3     (1)
An information society service provider does not contravene this Act only
by providing so much of an information society service as consists in—
(a)
the provision of access to a communication network, or
35

Equality Bill
Schedule 25 — Information society services
226

(b)
the transmission in a communication network of information
provided by the recipient of the service.
      (2)
But sub-paragraph (1) applies only if the service provider does not—
(a)
initiate the transmission,
(b)
select the recipient of the transmission, or
5
(c)
select or modify the information contained in the transmission.
      (3)
For the purposes of sub-paragraph (1), the provision of access to a
communication network, and the transmission of information in a
communication network, includes the automatic, intermediate and transient
storage of the information transmitted so far as the storage is solely for the
10
purpose of carrying out the transmission in the network.
      (4)
Sub-paragraph (3) does not apply if the information is stored for longer than
is reasonably necessary for the transmission.
Exception for caching
4     (1)
This paragraph applies where an information society service consists in the
15
transmission in a communication network of information provided by a
recipient of the service.
      (2)
The information society service provider does not contravene this Act only
by doing anything in connection with the automatic, intermediate and
temporary storage of information so provided if—
20
(a)
the storage of the information is solely for the purpose of making
more efficient the onward transmission of the information to other
recipients of the service at their request, and
(b)
the condition in sub-paragraph (3) is satisfied.
      (3)
The condition is that the service-provider—
25
(a)
does not modify the information,
(b)
complies with such conditions as are attached to having access to the
information, and
(c)
(where sub-paragraph (4) applies) expeditiously removes the
information or disables access to it.
30
      (4)
This sub-paragraph applies if the service-provider obtains actual knowledge
that—
(a)
the information at the initial source of the transmission has been
removed from the network,
(b)
access to it has been disabled, or
35
(c)
a court or administrative authority has required the removal from
the network of, or the disablement of access to, the information.
Exception for hosting
5     (1)
An information society service provider does not contravene this Act only
by doing anything in providing so much of an information society service as
40
consists in the storage of information provided by a recipient of the service,
if—
(a)
the service provider had no actual knowledge when the information
was provided that its provision amounted to a contravention of this
Act, or
45

Equality Bill
Schedule 25 — Information society services
227

(b)
on obtaining actual knowledge that the provision of the information
amounted to a contravention of that section, the service provider
expeditiously removed the information or disabled access to it.
      (2)
Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority of the control of the service provider.
5
Monitoring obligations
6
An injunction or interdict under Part 1 of the Equality Act 2006 may not
impose on a person concerned with the provision of a service of a
description given in paragraph 3(1), 4(1) or 5(1)—
(a)
a liability the imposition of which would contravene Article 12, 13 or
10
14 of the E-Commerce Directive;
(b)
a general obligation of the description given in Article 15 of that
Directive.
Interpretation
7     (1)
This paragraph applies for the purposes of this Schedule.
15
      (2)
“Information society service”—
(a)
has the meaning given in Article 2(a) of the E-Commerce Directive
(which refers to Article 1(2) of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
procedure for the provision of information in the field of technical
20
standards and regulations), and
(b)
is summarised in recital 17 of the E-Commerce Directive as covering
“any service normally provided for remuneration, at a distance, by
means of electronic equipment for the processing (including digital
compression) and storage of data, and at the individual request of a
25
recipient of a service”.
      (3)
“The E-Commerce Directive” means Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the
Internal Market (Directive on electronic commerce).
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      (4)
“Recipient” means a person who (whether for professional purposes or not)
uses an information society service, in particular for seeking information or
making it accessible.
      (5)
An information society service-provider is “established” in a country or
territory if the service-provider—
35
(a)
effectively pursues an economic activity using a fixed establishment
in that country or territory for an indefinite period, and
(b)
is a national of an EEA state or a body mentioned in Article 48 of the
EEC treaty.
      (6)
The presence or use in a particular place of equipment or other technical
40
means of providing an information society service is not itself sufficient to
constitute the establishment of a service-provider.
      (7)
Where it cannot be decided from which of a number of establishments an
information society service is provided, the service is to be regarded as

Equality Bill
Schedule 26 — Amendments
228

provided from the establishment at the centre of the information society
service provider’s activities relating to that service.
      (8)
Section 210(4) does not apply to references to providing a service.
Schedule 26
Section 209

Amendments
5
Local Government Act 1988
1
Part 2 of the Local Government Act 1988 (public supply or works contracts)
is amended as follows.
2
In section 17 (local and other public authority contracts: exclusion of non-
commercial considerations)—
10
(a)
omit subsection (9), and
(b)
after that subsection insert—
“(10)
This section does not prevent a public authority to which it
applies from exercising any function regulated by this section
with reference to a non-commercial matter to the extent that
15
the authority considers it necessary or expedient to do so to
enable or facilitate compliance with—
(a)
the duty imposed on it by section 148 of the Equality
Act 2010 (public sector equality duty), or
(b)
any duty imposed on it by regulations under section
20
152 or 153 of that Act (powers to impose specific
duties).”
3
Omit section 18 (exceptions to section 17 relating to race relations matters).
4
In section 19 (provisions supplementary to or consequential on section 17)
omit subsection (10).
25
Employment Act 1989
5     (1)
Section 12 of the Employment Act 1989 (Sikhs: requirements as to safety
helmets) is amended as follows.
      (2)
In subsection (1), for “requirement or condition”, in the first three places,
substitute “provision, criterion or practice”.
30
      (3)
In that subsection, for the words from “section 1(1)(b)” to the end substitute
“section 19 of the Equality Act 2010 (indirect discrimination), the provision,
criterion or practice is to be taken as one in relation to which the condition
in subsection (2)(d) of that section (proportionate means of achieving a
legitimate aim) is satisfied”.
35
      (4)
In subsection (2), for the words from “the Race Relations Act” to the end
substitute “section 13 of the Equality Act 2010 as giving rise to
discrimination against any other person”.