Equality Bill

House of Lords

Session 2009 - 10
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Other Bills before Parliament

Equality Bill

Equality Bill
Part 7 — Associations
66

102
Guests
(1)
An association (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;
(b)
as to the terms on which A is prepared to invite B, or to permit B to be
5
invited, as a guest;
(c)
by not inviting B, or not permitting B to be invited, as a guest.
(2)
An association (A) must not discriminate against a guest (B) invited by A or
with A’s permission (whether express or implied)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
10
facility or service;
(b)
by subjecting B to any other detriment.
(3)
An association must not harass—
(a)
a guest;
(b)
a person seeking to be a guest.
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(4)
An association (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;
(b)
as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;
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(c)
by not inviting B, or not permitting B to be invited, as a guest.
(5)
An association (A) must not victimise a guest (B) invited by A or with A’s
permission (whether express or implied)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
facility or service;
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(b)
by subjecting B to any other detriment.
103
Sections 101 and 102: further provision
(1)
A duty to make reasonable adjustments applies to an association.
(2)
In the application of section 26 for the purposes of section 101(4) or 102(3),
neither of the following is a relevant protected characteristic—
30
(a)
religion or belief;
(b)
sexual orientation.
Special provision for political parties
104
Selection of candidates
(1)
This section applies to an association which is a registered political party.
35
(2)
A person does not contravene this Part only by acting in accordance with
selection arrangements.
(3)
Selection arrangements are arrangements—
(a)
which the party makes for regulating the selection of its candidates in a
relevant election, and
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Equality Bill
Part 7 — Associations
67

(b)
the purpose of which is to reduce inequality in the party’s
representation in the body concerned.
(4)
The reference in subsection (3)(b) to inequality in a party’s representation in a
body is a reference to inequality between—
(a)
the number of the party’s candidates elected to be members of the body
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who share a protected characteristic, and
(b)
the number of the party’s candidates so elected who do not share that
characteristic.
(5)
For the purposes of subsection (4), persons share the protected characteristic of
disability if they are disabled persons (and section 6(3)(b) is accordingly to be
10
ignored).
(6)
Selection arrangements do not include short-listing only such persons as have
a particular protected characteristic.
(7)
But subsection (6) does not apply to the protected characteristic of sex.
(8)
The following elections are relevant elections—
15
(a)
Parliamentary Elections;
(b)
elections to the European Parliament;
(c)
elections to the Scottish Parliament;
(d)
elections to the National Assembly for Wales;
(e)
local government elections within the meaning of section 191, 203 or
20
204 of the Representation of the People Act 1983 (excluding elections
for the Mayor of London).
105
Time-limited provision
(1)
Section 104(7) is repealed at the end of 2030 unless an order is made under
subsection (2).
25
(2)
At any time before the end of 2030, a Minister of the Crown may by order
provide that subsection (1) is to have effect with the substitution of a later time
for that for the time being specified there.
(3)
In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of
that Act), in subsection (1) for “2015” substitute “2030”.
30
(4)
The substitution made by subsection (3) does not affect the power to substitute
a later time by order under section 3 of that Act.
Supplementary
106
Interpretation and exceptions
(1)
This section applies for the purposes of this Part.
35
(2)
An “association” is an association of persons—
(a)
which has at least 25 members, and
(b)
admission to membership of which is regulated by the association’s
rules and involves a process of selection.
(3)
A Minister of the Crown may by order amend subsection (2)(a) so as to
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substitute a different number for that for the time being specified there.

Equality Bill
Part 8 — Prohibited conduct: ancillary
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(4)
It does not matter—
(a)
whether an association is incorporated;
(b)
whether its activities are carried on for profit.
(5)
Membership is membership of any description; and a reference to a member is
to be construed accordingly.
5
(6)
A person is an “associate”, in relation to an association, if the person—
(a)
is not a member of the association, but
(b)
in accordance with the association’s rules, has some or all of the rights
as a member as a result of being a member of another association.
(7)
A reference to a registered political party is a reference to a party registered in
10
the Great Britain register under Part 2 of the Political Parties, Elections and
Referendums Act 2000.
(8)
Schedule 15 (reasonable adjustments) has effect.
(9)
Schedule 16 (exceptions) has effect.
Part 8
15
Prohibited conduct: ancillary
107
Relationships that have ended
(1)
A person (A) must not discriminate against another (B) if—
(a)
the discrimination arises out of and is closely connected to a
relationship which used to exist between them, and
20
(b)
conduct of a description constituting the discrimination would, if it
occurred during the relationship, contravene this Act.
(2)
A person (A) must not harass another (B) if—
(a)
the harassment arises out of and is closely connected to a relationship
which used to exist between them, and
25
(b)
conduct of a description constituting the harassment would, if it
occurred during the relationship, contravene this Act.
(3)
It does not matter whether the relationship ends before or after the
commencement of this section.
(4)
A duty to make reasonable adjustments applies to A in so far as B continues to
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be placed at a substantial disadvantage as mentioned in section 20.
(5)
For the purposes of subsection (4), sections 20, 21 and 22 and the applicable
Schedules are to be construed as if the relationship had not ended.
(6)
For the purposes of Part 9 (enforcement), a contravention of this section relates
to the Part of this Act that would have been contravened if the relationship had
35
not ended.
(7)
But conduct is not a contravention of this section in so far as it also amounts to
victimisation of B by A.

Equality Bill
Part 8 — Prohibited conduct: ancillary
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108
Liability of employers and principals
(1)
Anything done by a person (A) in the course of A’s employment must be
treated as also done by the employer.
(2)
Anything done by an agent for a principal, with the authority of the principal,
must be treated as also done by the principal.
5
(3)
It does not matter whether the thing is done with the employer’s or principal’s
knowledge or approval.
(4)
In proceedings against A’s employer (B) in respect of anything alleged to have
been done by A in the course of A’s employment it is a defence for B to show
that B took all reasonable steps to prevent A—
10
(a)
from doing the thing, or
(b)
from doing anything of that description.
(5)
This section does not apply to offences under this Act (other than offences
under Part 12 (disabled persons: transport)).
109
Liability of employees and agents
15
(1)
A person (A) contravenes this section if—
(a)
A is an employee or agent,
(b)
A does a thing which, by virtue of section 108(1) or (2), is treated as
having been done by A’s employer or principal (as the case may be),
and
20
(c)
the doing of the thing by A amounts to a contravention of this Act by
the employer or principal (as the case may be).
(2)
It does not matter whether, in any proceedings, the employer is found not to
have contravened this Act by virtue of section 108(4).
(3)
A does not contravene this section if—
25
(a)
A relies on a statement by the employer or principal that doing the
thing is not a contravention of this Act, and
(b)
it is reasonable for A to do so.
(4)
A person (B) commits an offence if B knowingly or recklessly makes a
statement mentioned in subsection (3)(a) which is false or misleading in a
30
material respect.
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(6)
Part 9 (enforcement) applies to a contravention of this section by A as if it were
the contravention mentioned in subsection (1)(c).
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(7)
The reference in subsection (1)(c) to a contravention of this Act does not include
a reference to disability discrimination in contravention of Chapter 1 of Part 6
(schools).
110
Instructing, causing or inducing discrimination
(1)
A person (A) must not instruct another (B) to do in relation to a third person
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(C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 107(1) or (2) or
111(1) (a basic contravention).

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Part 8 — Prohibited conduct: ancillary
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(2)
A person (A) must not cause another (B) to do in relation to a third person (C)
anything which is a basic contravention.
(3)
A person (A) must not induce another (B) to do in relation to a third person (C)
anything which is a basic contravention.
(4)
For the purposes of subsection (3), inducement may be direct or indirect.
5
(5)
Proceedings for a contravention of this section may be brought—
(a)
by B, if B is subjected to a detriment as a result of A’s conduct;
(b)
by C, if C is subjected to a detriment as a result of A’s conduct;
(c)
by the Commission.
(6)
For the purposes of subsection (5), it does not matter whether—
10
(a)
the basic contravention occurs;
(b)
any other proceedings are, or may be, brought in relation to A’s
conduct.
(7)
This section does not apply unless the relationship between A and B is such
that A is in a position to commit a basic contravention in relation to B.
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(8)
A reference in this section to causing or inducing a person to do a thing
includes a reference to attempting to cause or induce the person to do the thing.
(9)
For the purposes of Part 9 (enforcement), a contravention of this section is to be
treated as relating—
(a)
in a case within subsection (5)(a), to the Part of this Act which, because
20
of the relationship between A and B, A is in a position to contravene in
relation to B;
(b)
in a case within subsection (5)(b), to the Part of this Act which, because
of the relationship between B and C, B is in a position to contravene in
relation to C.
25
111
Aiding contraventions
(1)
A person (A) must not knowingly help another (B) to do anything which
contravenes Part 3, 4, 5, 6 or 7 or section 107(1) or (2) or 110 (a basic
contravention).
(2)
It is not a contravention of subsection (1) if—
30
(a)
A relies on a statement by B that the act for which the help is given does
not contravene this Act, and
(b)
it is reasonable for A to do so.
(3)
B commits an offence if B knowingly or recklessly makes a statement
mentioned in subsection (2)(a) which is false or misleading in a material
35
respect.
(4)
A person guilty of an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(5)
For the purposes of Part 9 (enforcement), a contravention of this section is to be
treated as relating to the provision of this Act to which the basic contravention
40
relates.

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
71

(6)
The reference in subsection (1) to a basic contravention does not include a
reference to disability discrimination in contravention of Chapter 1 of Part 6
(schools).
Part 9
Enforcement
5
Chapter 1
Introductory
112
Proceedings
(1)
Proceedings relating to a contravention of this Act must be brought in
accordance with this Part.
10
(2)
Subsection (1) does not apply to proceedings under Part 1 of the Equality Act
2006 (c. 3).
(3)
Subsection (1) does not prevent—
(a)
a claim for judicial review;
(b)
proceedings under the Immigration Acts;
15
(c)
proceedings under the Special Immigration Appeals Commission Act
1997 (c. 68);
(d)
in Scotland, an application to the supervisory jurisdiction of the Court
of Session.
(4)
This section is subject to any express provision of this Act conferring
20
jurisdiction on a court or tribunal.
(5)
The reference to a contravention of this Act includes a reference to a breach of
an equality clause or rule.
(6)
Chapters 2 and 3 do not apply to proceedings relating to an equality clause or
rule except in so far as Chapter 4 provides for that.
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(7)
This section does not apply to—
(a)
proceedings for an offence under this Act;
(b)
proceedings relating to a penalty under Part 12 (disabled persons:
transport).
Chapter 2
30
Civil courts
113
Jurisdiction
(1)
A county court or, in Scotland, the sheriff has jurisdiction to determine a claim
relating to—
(a)
a contravention of Part 3 (services and public functions);
35
(b)
a contravention of Part 4 (premises);
(c)
a contravention of Part 6 (education);
(d)
a contravention of Part 7 (associations);

Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
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(e)
a contravention of section 107, 110 or 111 that relates to Part 3, 4, 6 or 7.
(2)
Subsection (1)(a) does not apply to a claim within section 114.
(3)
Subsection (1)(c) does not apply to a claim within section 115.
(4)
For the purposes of proceedings on a claim within subsection (1)(a)—
(a)
a decision in proceedings on a claim mentioned in section 114(1) that an
5
act is a contravention of Part 3 is binding;
(b)
it does not matter whether the act occurs outside the United Kingdom.
(5)
The county court or sheriff—
(a)
must not grant an interim injunction or interdict unless satisfied that no
criminal matter would be prejudiced by doing so;
10
(b)
must grant an application to stay or sist proceedings under subsection
(1) on grounds of prejudice to a criminal matter unless satisfied the
matter will not be prejudiced.
(6)
In proceedings in England and Wales on a claim within subsection (1), the
power under section 63(1) of the County Courts Act 1984 (c. 28) (appointment
15
of assessors) must be exercised unless the judge is satisfied that there are good
reasons for not doing so.
(7)
In proceedings in Scotland on a claim within subsection (1), the power under
rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of
assessors) must be exercised unless the sheriff is satisfied that there are good
20
reasons for not doing so.
(8)
The remuneration of an assessor appointed by virtue of subsection (7) is to be
at a rate determined by the Lord President of the Court of Session.
114
Immigration cases
(1)
A claim is within this section if it relates to the act of an immigration authority
25
in taking a relevant decision and—
(a)
the question whether the act is a contravention of Part 3 has been or
could be raised on an appeal which is pending, or could be brought,
under the immigration provisions, or
(b)
it has been decided on an appeal under those provisions that the act is
30
not a contravention of Part 3.
(2)
The relevant decision is not—
(a)
subject to challenge in proceedings on a claim within section 113(1)(a),
or
(b)
affected by the decision of a court in such proceedings.
35
(3)
For the purposes of subsection (1)(a) a power to grant permission to appeal out
of time must be ignored.
(4)
Each of the following is an immigration authority—
(a)
the Secretary of State;
(b)
an immigration officer;
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(c)
a person responsible for the grant or refusal of entry clearance (within
the meaning of section 33(1) of the Immigration Act 1971 (c. 77)).
(5)
The immigration provisions are—
(a)
the Special Immigration Appeals Commission Act 1997 (c. 68), or