Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 10 — Contracts, etc.
93

Supplementary
146
Meaning of “qualifying compromise contract”
(1)
This section applies for the purposes of this Part.
(2)
A qualifying compromise contract is a contract in relation to which each of the
conditions in subsection (3) is met.
5
(3)
Those conditions are that—
(a)
the contract is in writing,
(b)
the contract relates to the particular complaint,
(c)
the complainant has, before entering into the contract, received advice
from an independent adviser about its terms and effect (including, in
10
particular, its effect on the complainant’s ability to pursue the
complaint before an employment tribunal),
(d)
on the date of the giving of the advice, there is in force a contract of
insurance, or an indemnity provided for members of a profession or
professional body, covering the risk of a claim by the complainant in
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respect of loss arising from the advice,
(e)
the contract identifies the adviser, and
(f)
the contract states that the conditions in paragraphs (c) and (d) are met.
(4)
Each of the following is an independent adviser—
(a)
a qualified lawyer;
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(b)
an officer, official, employee or member of an independent trade union
certified in writing by the trade union as competent to give advice and
as authorised to do so on its behalf;
(c)
a worker at an advice centre (whether as an employee or a volunteer)
certified in writing by the centre as competent to give advice and as
25
authorised to do so on its behalf;
(d)
a person of such description as may be specified by order.
(5)
Despite subsection (4), none of the following is an independent adviser in
relation to a qualifying compromise contract—
(a)
a person who is a party to the contract or the complaint;
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(b)
a person who is connected to a person within paragraph (a);
(c)
a person who is employed by a person within paragraph (a) or (b);
(d)
a person who is acting for a person within paragraph (a) or (b) in
relation to the contract or the complaint;
(e)
a person within subsection (4)(b) or (c), if the trade union or advice
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centre is a person within paragraph (a) or (b);
(f)
a person within subsection (4)(c) to whom the complainant makes a
payment for the advice.
(6)
A “qualified lawyer”, for the purposes of subsection (4)(a), is—
(a)
in relation to England and Wales, a person who, for the purposes of the
40
Legal Services Act 2007, is an authorised person in relation to an
activity which constitutes the exercise of a right of audience or the
conduct of litigation;
(b)
in relation to Scotland, an advocate (whether in practice as such or
employed to give legal advice) or a solicitor who holds a practising
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certificate.

Equality Bill
Part 10 — Contracts, etc.
94

(7)
“Independent trade union” has the meaning given in section 5 of the Trade
Union and Labour Relations (Consolidation) Act 1992 (c. 52).
(8)
Two persons are connected for the purposes of subsection (5) if—
(a)
one is a company of which the other (directly or indirectly) has control,
or
5
(b)
both are companies of which a third person (directly or indirectly) has
control.
(9)
Two persons are also connected for the purposes of subsection (5) in so far as a
connection between them gives rise to a conflict of interest in relation to the
contract or the complaint.
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147
Interpretation
(1)
This section applies for the purposes of this Part.
(2)
A reference to treatment of a description prohibited by this Act does not
include treatment in so far as it is treatment that would contravene—
(a)
Part 1 (public sector duty regarding socio-economic inequalities), or
15
(b)
Chapter 1 of Part 11 (public sector equality duty).
(3)
“Group insurance arrangement” means an arrangement between an employer
and another person for the provision by that other person of facilities by way
of insurance to the employer’s employees (or a class of those employees).
(4)
“Collective agreement” has the meaning given in section 178 of the Trade
20
Union and Labour Relations (Consolidation) Act 1992.
(5)
A rule of an undertaking is a rule within subsection (6) or (7).
(6)
A rule within this subsection is a rule made by a trade organisation or a
qualifications body for application to—
(a)
its members or prospective members,
25
(b)
persons on whom it has conferred a relevant qualification, or
(c)
persons seeking conferment by it of a relevant qualification.
(7)
A rule within this subsection is a rule made by an employer for application to—
(a)
employees,
(b)
persons who apply for employment, or
30
(c)
persons the employer considers for employment.
(8)
“Trade organisation”, “qualifications body” and “relevant qualification” each
have the meaning given in Part 5 (work).

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
95

Part 11
Advancement of equality
Chapter 1
Public sector equality duty
148
Public sector equality duty
5
(1)
A public authority must, in the exercise of its functions, have due regard to the
need to—
(a)
eliminate discrimination, harassment, victimisation and any other
conduct that is prohibited by or under this Act;
(b)
advance equality of opportunity between persons who share a relevant
10
protected characteristic and persons who do not share it;
(c)
foster good relations between persons who share a relevant protected
characteristic and persons who do not share it.
(2)
A person who is not a public authority but who exercises public functions
must, in the exercise of those functions, have due regard to the matters
15
mentioned in subsection (1).
(3)
Having due regard to the need to advance equality of opportunity between
persons who share a relevant protected characteristic and persons who do not
share it involves having due regard, in particular, to the need to—
(a)
remove or minimise disadvantages suffered by persons who share a
20
relevant protected characteristic that are connected to that
characteristic;
(b)
take steps to meet the needs of persons who share a relevant protected
characteristic that are different from the needs of persons who do not
share it;
25
(c)
encourage persons who share a relevant protected characteristic to
participate in public life or in any other activity in which participation
by such persons is disproportionately low.
(4)
The steps involved in meeting the needs of disabled persons that are different
from the needs of persons who are not disabled include, in particular, steps to
30
take account of disabled persons’ disabilities.
(5)
Having due regard to the need to foster good relations between persons who
share a relevant protected characteristic and persons who do not share it
involves having due regard, in particular, to the need to—
(a)
tackle prejudice, and
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(b)
promote understanding.
(6)
Compliance with the duties in this section may involve treating some persons
more favourably than others; but that is not to be taken as permitting conduct
that would otherwise be prohibited by or under this Act.
(7)
The relevant protected characteristics are—
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age;
disability;
gender reassignment;
pregnancy and maternity;

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
96

race;
religion or belief;
sex;
sexual orientation.
(8)
A reference to conduct that is prohibited by or under this Act includes a
5
reference to—
(a)
a breach of an equality clause or rule;
(b)
a breach of a non-discrimination rule.
(9)
Schedule 18 (exceptions) has effect.
149
Public authorities and public functions
10
(1)
A public authority is a person who is specified in Schedule 19.
(2)
In that Schedule—
Part 1 specifies public authorities generally;
Part 2 specifies relevant Welsh authorities;
Part 3 specifies relevant Scottish authorities.
15
(3)
A public authority specified in Schedule 19 is subject to the duty imposed by
section 148(1) in relation to the exercise of all of its functions unless subsection
(4) applies.
(4)
A public authority specified in that Schedule in respect of certain specified
functions is subject to that duty only in respect of the exercise of those
20
functions.
(5)
A public function is a function that is a function of a public nature for the
purposes of the Human Rights Act 1998.
150
Power to specify public authorities
(1)
A Minister of the Crown may by order amend Part 1, 2 or 3 of Schedule 19.
25
(2)
The Welsh Ministers may by order amend Part 2 of Schedule 19.
(3)
The Scottish Ministers may by order amend Part 3 of Schedule 19.
(4)
The power under subsection (1), (2) or (3) may not be exercised so as to—
(a)
add an entry to Part 1 relating to a relevant Welsh or Scottish authority
or a cross-border Welsh or Scottish authority;
30
(b)
add an entry to Part 2 relating to a person who is not a relevant Welsh
authority;
(c)
add an entry to Part 3 relating to a person who is not a relevant Scottish
authority.
(5)
A Minister of the Crown may by order amend Schedule 19 so as to make
35
provision relating to a cross-border Welsh or Scottish authority.
(6)
On the first exercise of the power under subsection (5) to add an entry relating
to a cross-border Welsh or Scottish authority to Schedule 19, a Minister of the
Crown must—
(a)
add a Part 4 to the Schedule for cross-border authorities, and
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(b)
add the cross-border Welsh or Scottish authority to that Part.

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
97

(7)
Any subsequent exercise of the power under subsection (5) to add an entry
relating to a cross-border Welsh or Scottish authority to Schedule 19 must add
that entry to Part 4 of the Schedule.
(8)
An order may not be made under this section so as to extend the application of
section 148 unless the person making it considers that the extension relates to
5
a person by whom a public function is exercisable.
(9)
An order may not be made under this section so as to extend the application of
section 148 to—
(a)
the exercise of a function referred to in paragraph 3 of Schedule 18
(judicial functions, etc);
10
(b)
a person listed in paragraph 4(2)(a) to (e) of that Schedule (Parliament,
devolved legislatures and General Synod);
(c)
the exercise of a function listed in paragraph 4(3) of that Schedule
(proceedings in Parliament or devolved legislatures).
151
Power to specify public authorities: consultation and consent
15
(1)
Before making an order under a provision specified in the first column of the
Table, a Minister of the Crown must consult the person or persons specified in
the second column.

Provision
Consultees

Section 150(1)
The Commission

20

Section 150(1), so far as relating to a
The Welsh Ministers

relevant Welsh authority

Section 150(1), so far as relating to a
The Scottish Ministers

relevant Scottish authority

Section 150(5)
The Commission

25

Section 150(5), so far as relating to a
The Welsh Ministers

cross-border Welsh authority

Section 150(5), so far as relating to a
The Scottish Ministers

cross-border Scottish authority

(2)
Before making an order under section 150(2), the Welsh Ministers must—
30
(a)
obtain the consent of a Minister of the Crown, and
(b)
consult the Commission.
(3)
Before making an order under section 150(3), the Scottish Ministers must—
(a)
obtain the consent of a Minister of the Crown, and
(b)
consult the Commission.
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152
Power to impose specific duties
(1)
A Minister of the Crown may by regulations impose duties on a public
authority specified in Part 1 of Schedule 19 for the purpose of enabling the
better performance by the authority of the duty imposed by section 148(1).

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
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(2)
The Welsh Ministers may by regulations impose duties on a public authority
specified in Part 2 of Schedule 19 for that purpose.
(3)
The Scottish Ministers may by regulations impose duties on a public authority
specified in Part 3 of Schedule 19 for that purpose.
(4)
Before making regulations under this section, the person making them must
5
consult the Commission.
153
Power to impose specific duties: cross-border authorities
(1)
If a Minister of the Crown exercises the power in section 150(5) to add an entry
for a public authority to Part 4 of Schedule 19, the Minister must include after
the entry a letter specified in the first column of the Table in subsection (3).
10
(2)
Where a letter specified in the first column of the Table in subsection (3) is
included after an entry for a public authority in Part 4 of Schedule 19, the
person specified in the second column of the Table—
(a)
may by regulations impose duties on the authority for the purpose of
enabling the better performance by the authority of the duty imposed
15
by section 148(1), subject to such limitations as are specified in that
column;
(b)
must in making the regulations comply with the procedural
requirement specified in that column.
(3)
This is the Table—
20

Letter
Person by whom regulations may be made and procedural

requirements

A
Regulations may be made by a Minister of the Crown in

relation to the authority’s functions that are not

devolved Welsh functions.

25

The Minister of the Crown must consult the Welsh

Ministers before making the regulations.

Regulations may be made by the Welsh Ministers in

relation to the authority’s devolved Welsh functions.

The Welsh Ministers must consult a Minister of the

30

Crown before making the regulations.

B
Regulations may be made by a Minister of the Crown in

relation to the authority’s functions that are not

devolved Scottish functions.

The Minister of the Crown must consult the Scottish

35

Ministers before making the regulations.

Regulations may be made by the Scottish Ministers in

relation to the authority’s devolved Scottish functions.

The Scottish Ministers must consult a Minister of the

Crown before making the regulations.

40

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
99

Letter
Person by whom regulations may be made and procedural

requirements

C
Regulations may be made by a Minister of the Crown in

relation to the authority’s functions that are neither

devolved Welsh functions nor devolved Scottish

5

functions.

The Minister of the Crown must consult the Welsh

Ministers and the Scottish Ministers before making the

regulations.

Regulations may be made by the Welsh Ministers in

10

relation to the authority’s devolved Welsh functions.

The Welsh Ministers must consult a Minister of the

Crown before making the regulations.

Regulations may be made by the Scottish Ministers in

relation to the authority’s devolved Scottish functions.

15

The Scottish Ministers must consult a Minister of the

Crown before making the regulations.

D
The regulations may be made by a Minister of the

Crown.

The Minister of the Crown must consult the Welsh

20

Ministers before making the regulations.

(4)
Before making regulations under subsection (2), the person making them must
consult the Commission.
154
Power to impose specific duties: supplementary
(1)
Regulations under section 152 or 153 may require a public authority to
25
consider such matters as may be specified from time to time by—
(a)
a Minister of the Crown, where the regulations are made by a Minister
of the Crown;
(b)
the Welsh Ministers, where the regulations are made by the Welsh
Ministers;
30
(c)
the Scottish Ministers, where the regulations are made by the Scottish
Ministers.
(2)
Regulations under section 152 or 153 may impose duties on a public authority
that is a contracting authority within the meaning of the Public Sector Directive
in connection with its public procurement functions.
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(3)
In subsection (2)—
“public procurement functions” means functions the exercise of which is
regulated by the Public Sector Directive;
“the Public Sector Directive” means Directive 2004/18/EC of the
European Parliament and of the Council of 31 March 2004 on the
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coordination of procedures for the award of public works contracts,
public supply contracts and public service contracts, as amended from
time to time.