Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 26 — Amendments
229

Equality Act 2006
6
The Equality Act 2006 is amended as follows.
7     (1)
Section 8 (equality and diversity) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (d) for “equality enactments” substitute “Equality Act
5
2010”, and
(b)
in paragraph (e) for “the equality enactments” substitute “that Act”.
      (3)
In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute
“Equality Act 2010”.
8
In section 10(2) (meaning of group) for paragraph (d) substitute—
10
“(d)
gender reassignment (within the meaning of section 7 of the
Equality Act 2010),”.
9
For section 11(3)(c) (interpretation) substitute—
“(c)
a reference to the equality and human rights enactments is a
reference to the Human Rights Act 1998, this Act and the
15
Equality Act 2010.”
10    (1)
Section 14 (codes of practice) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
The Commission may issue a code of practice in connection with any
matter addressed by the Equality Act 2010.”
20
      (3)
In subsection (2)(a) for “a provision or enactment listed in subsection (1)”
substitute “the Equality Act 2010 or an enactment made under that Act”.
      (4)
In subsection (3)—
(a)
in paragraph (a) for “section 49G(7) of the Disability Discrimination
Act 1995 (c. 50)” substitute “section 189(7) of the Equality Act 2010”,
25
and
(b)
for paragraph (c)(iv) substitute—
“(iv)
section 189 of the Equality Act 2010.”
      (5)
In subsection (5)(a) for “listed in subsection (1)” substitute “a matter
addressed by the Equality Act 2010”.
30
      (6)
In subsection (9) for “section 76A” to “duties)” substitute “section 148, 152 or
153 of the Equality Act 2010 (public sector equality duty)”.
11
In section 16(4) (inquiries: matters which the Commission may consider and
report on) for “equality enactments” substitute “Equality Act 2010”.
12
In section 21(2)(b) (unlawful act notice: specification of legislative provision)
35
for “equality enactments” substitute “Equality Act 2010”.
13
After section 24 insert—
“24A
Enforcement powers: supplemental
(1)
This section has effect in relation to—

Equality Bill
Schedule 26 — Amendments
230

(a)
an act which is unlawful because, by virtue of any of sections
13 to 18 of the Equality Act 2010, it amounts to a
contravention of any of Parts 3, 4, 5, 6 or 7 of that Act,
(b)
an act which is unlawful because it amounts to a
contravention of section 60(1) of that Act (or to a
5
contravention of section 110 or 111 of that Act that relates to
a contravention of section 60(1) of that Act) (enquiries about
disability and health),
(c)
an act which is unlawful because, by virtue of section 107(1)
of that Act, it amounts to a contravention of any of Parts 3, 4,
10
5, 6 or 7 of that Act, or
(d)
the application of a provision, criterion or practice which, by
virtue of section 19 of that Act, amounts to a contravention of
that Act.
(2)
For the purposes of sections 20 to 24 of this Act it is immaterial
15
whether the Commission knows or suspects that a person has been
or may be affected by the unlawful act or application.
(3)
For those purposes, an unlawful act includes making arrangements
to act in a particular way which would, if applied to an individual,
amount to a contravention mentioned in subsection (1)(a).
20
(4)
Nothing in this Act affects the entitlement of a person to bring
proceedings under the Equality Act 2010 in respect of a
contravention mentioned in subsection (1).”
14
Omit section 25 (restraint of unlawful advertising etc.).
15
Omit section 26 (supplemental).
25
16    (1)
Section 27 (conciliation) is amended as follows.
      (2)
For subsection (1) (disputes in relation to which the Commission may make
arrangements for the provision of conciliation services) substitute—
“(1)
The Commission may make arrangements for the provision of
conciliation services for disputes in respect of which proceedings
30
have been or could be determined by virtue of section 113 of the
Equality Act 2010.”
17    (1)
Section 28 (legal assistance) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a) for “equality enactments” substitute “Equality Act
35
2010”, and
(b)
in paragraph (b) for “the equality enactments” substitute “that Act”.
      (3)
In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50)
(public” substitute “Part 12 of the Equality Act 2010 (disabled persons:”.
      (4)
In subsection (6)—
40
(a)
for “the equality enactments”, on the first occasion it appears,
substitute “the Equality Act 2010”, and
(b)
for “the equality enactments”, on each other occasion it appears,
substitute “that Act”.
      (5)
In subsection (7)—
45

Equality Bill
Schedule 26 — Amendments
231

(a)
in paragraph (a) for “equality enactments” substitute “Equality Act
2010”, and
(b)
in paragraph (b) for “the equality enactments” substitute “that Act”.
      (6)
In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)”
substitute “Part 12 of the Equality Act 2010”.
5
      (7)
In subsection (9) for “equality enactments” substitute “Equality Act 2010”.
      (8)
In subsection (12)—
(a)
for “A reference in” to “includes a reference” substitute “This section
applies”, and
(b)
after paragraph (b) add “as it applies to the Equality Act 2010.”
10
18
For section 31(1) (duties in respect of which Commission may assess
compliance) substitute—
“(1)
The Commission may assess the extent to which or the manner in
which a person has complied with a duty under or by virtue of
section 148, 152 or 153 of the Equality Act 2010 (public sector equality
15
duty).”
19    (1)
Section 32 (public sector duties: compliance notice) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
This section applies where the Commission thinks that a person has
failed to comply with a duty under or by virtue of section 148, 152 or
20
153 of the Equality Act 2010 (public sector equality duty).”
      (3)
In subsection (4) for “section 76A” to “Disability Discrimination Act 1995”
substitute “section 148 of the Equality Act 2010”.
      (4)
In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995
(c. 50)” substitute “section 148 of the Equality Act 2010”.
25
      (5)
In subsection (9)(b) for “in any other case” substitute “where the notice
related to a duty by virtue of section 152 or 153 of that Act”.
      (6)
In subsection (11) for “section 76B” to “Disability Discrimination Act 1995”
substitute “section 152 or 153 of the Equality Act 2010”.
20
Omit section 33 (equality and human rights enactments).
30
21    (1)
Section 34 (meaning of unlawful) is amended as follows.
      (2)
In subsection (1) for “equality enactments” substitute “Equality Act 2010”.
      (3)
In subsection (2)—
(a)
after “virtue of” insert “any of the following provisions of the
Equality Act 2010”, and
35
(b)
for paragraphs (a) to (c) substitute—
“(a)
section 1 (public sector duty regarding socio-economic
inequalities),
(b)
section 148, 152 or 153 (public sector equality duty),
(c)
Part 12 (disabled persons: transport), or
40
(d)
section 189 (disability: improvements to let houses).”
22    (1)
Section 35 (general: definitions) is amended as follows.

Equality Bill
Schedule 27 — Repeals and revocations
Part 1 — Repeals
232

      (2)
In the definition of “religion or belief”, for “Part 2 (as defined by section 44)”
substitute “section 10 of the Equality Act 2010”.
      (3)
For the definition of “sexual orientation” substitute—
““sexual orientation” has the same meaning as in section 12 of
the Equality Act 2010.”
5
23
In section 39(4) (orders subject to affirmative resolution procedure) for “,
27(10) or 33(3)” substitute “or 27(10)”.
24
Omit section 43 (transitional: rented housing in Scotland).
25
Omit Part 2 (discrimination on grounds of religion or belief).
26
Omit section 81 (regulations).
10
27
Omit Part 4 (public functions).
28
In section 94(3) (extent: Northern Ireland)—
(a)
omit “and 41 to 56”, and
(b)
omit “and the Disability Discrimination Act 1995 (c. 50)”.
29    (1)
Schedule 1 (The Commission: constitution, etc.) is amended as follows.
15
      (2)
In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability
Discrimination Act 1995 (c. 50)” substitute “Parts 2, 3, 4, 6, 7, 12 and 13 of the
Equality Act 2010, in so far as they relate to disability”.
      (3)
In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)”
substitute “Part 5 of the Equality Act 2010”.
20
      (4)
In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995”
substitute “Part 5 of the Equality Act 2010”.
30
In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41
to 56.
Schedule 27
25
Section 209

Repeals and revocations
Part 1
Repeals

Short title
Extent of repeal

Equal Pay Act 1970
The whole Act.

30

Sex Discrimination Act 1975
The whole Act.

Race Relations Act 1976
The whole Act.

Sex Discrimination Act 1986
The whole Act.

Local Government Act 1988
Section 17(9).

Section 18.

35

Section 19(10).

Employment Act 1989
Sections 1 to 7.

Equality Bill
Schedule 27 — Repeals and revocations
Part 2 — Revocations
233

Short title
Extent of repeal

Employment Act 1989—cont.
Section 9.

Social Security Act 1989
In Schedule 5, paragraph 5.

Disability Discrimination Act
The whole Act.

1995

5

Pensions Act 1995
Sections 62 to 65.

Greater London Authority Act
Section 404.

1999

Sex Discrimination (Election
Section 1.

Candidates) Act 2002

10

Education (Additional Support
In section 17(1) “to exercise the functions which

for Learning) (Scotland) Act
are conferred on a Tribunal by virtue of this

2004
Act”.

Equality Act 2006
Section 25.

Section 26.

15

Section 33.

Section 43.

Part 2.

Section 81.

Part 4.

20

In section 94(3) “and 41 to 56” and “and the

Disability Discrimination Act 1995 (c. 50)”.

In Schedule 3—

(a)
paragraphs 6 to 35;

(b)
paragraphs 41 to 56.

25

Part 2
Revocations

Title
Extent of revocation

Occupational Pension Schemes
The whole Regulations.

(Equal Treatment)

30

Regulations 1995 (S.I. 1995/

3183)

Employment Equality (Religion
The whole Regulations.

or Belief) Regulations 2003

(S.I. 2003/1660)

35

Employment Equality (Sexual
The whole Regulations.

Orientation) Regulations

2003 (S.I. 2003/1661)

Disability Discrimination Act
The whole Regulations.

1995 (Pensions) Regulations

40

2003 (S.I. 2003/2770)

Occupational Pension Schemes
The whole Regulations.

(Equal Treatment)

(Amendment) Regulations

2005 (S.I. 2005/1923)

45

Equality Bill
Schedule 28 — Index of defined expressions
234

Title
Extent of revocation

Employment Equality (Age)
The whole Regulations (other than Schedules 6

Regulations 2006 (S.I. 2006/
and 8).

1031)

Equality Act (Sexual
The whole Regulations.

5

Orientation) Regulations

2007 (S.I. 2007/1263)

Sex Discrimination
The whole Regulations.

(Amendment of Legislation)

Regulations 2008 (S.I. 2008/

10

963)

Schedule 28
Section 212

Index of defined expressions

Expression
Provision

Accrual of rights, in relation to an
Section 210(12)

15

occupational pension scheme

Additional maternity leave
Section 211(6) and (7)

Additional maternity leave period
Section 211(8)

Age discrimination
Section 25(1)

Age group
Section 5(2)

20

Armed forces
Section 210(1)

Association
Section 106(2)

Auxiliary aid
Section 20(9)

Belief
Section 10(2)

Breach of an equality clause or rule
Section 210(8)

25

The Commission
Section 210(1)

Commonhold
Section 38(7)

Compulsory maternity leave
Section 211(3)

Contract work
Section 41(6)

Contract worker
Section 41(7)

30

Contravention of this Act
Section 210(9)

Crown employment
Section 83(9)

Equality Bill
Schedule 28 — Index of defined expressions
235

Expression
Provision

Detriment
Section 210(1) and (5)

Disability
Section 6(1)

Disability discrimination
Section 25(2)

Disabled person
Section 6(2) and (4)

5

Discrimination
Sections 13 to 19, 21 and 107

Disposal, in relation to premises
Section 38(3) to (5)

Education Acts
Section 210(1)

Employer, in relation to an
Section 210(11)

occupational pension scheme

10

Employment
Section 210(1)

Enactment
Section 210(1)

Equality clause
Section 210(1)

Equality rule
Section 210(1)

Firm
Section 46(2)

15

Gender reassignment
Section 7(1)

Gender reassignment discrimination
Section 25(3)

Harassment
Section 26(1)

Independent educational institution
Section 89(7)

LLP
Section 46(4)

20

Man
Section 210(1)

Marriage and civil partnership
Section 8

Marriage and civil partnership
Section 25(4)

discrimination

Maternity equality clause
Section 210(1)

25

Maternity equality rule
Section 210(1)

Maternity leave
Section 211(2)

Member, in relation to an
Section 210(10)

occupational pension scheme

Member of the executive
Section 210(7)

30

Non-discrimination rule
Section 210(1)

Occupation, in relation to premises
Section 210(6)