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Equality Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 25th February 2010, as follows—

Clauses 1 to 6
Schedule 1
Clauses 7 to 31
Schedules 2 and 3
Clauses 32 to 38
Schedule 4 and 5
Clauses 39 to 52
Schedule 6
Clauses 53 to 80
Schedule 7
Clauses 81 to 83
Schedules 8 and 9
Clauses 84 to 88
Schedule 10
Clause 89
Schedule 11
Clauses 90 to 94
Schedule 12
Clauses 95 to 98
Schedule 13
Clause 99
Schedule 14
Clauses 100 to 106
Schedules 15 and 16
Clauses 107 to 115
Schedule 17
Clauses 116 to 148
Schedule 18
Clause 149
Schedule 19
Clauses 150 to 185
Schedule 20
Clauses 186 to 188
Schedule 21
Clauses 189 and 190
Schedule 22
Clauses 191 to 195
Schedule 23
Clauses 196 to 201
Schedule 24
Clauses 202 to 204
Schedule 25
Clauses 205 to 209
Schedules 26 and 27
Clauses 210 to 212
Schedule 28
Clauses 213 to 216

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

1Leave out Clause 1
 

Clause 2

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

2Leave out Clause 2
 

Clause 3

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

3Leave out Clause 3
 

Schedule 1

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

4Page 134, line 16, at end insert—
"(   )  Without prejudice to the operation of sub-paragraph (2), the mental impairment consisting of or resulting from depression that has ceased to have a substantial adverse effect on a person's ability to carry out normal day to day activities, shall always be treated as if that effect is likely to recur if the person has had within the last 5 years a previous episode of such impairment which has had a substantial adverse effect on the person's ability to carry out normal day to day activities for a period of 6 months or more."
 

Clause 8

 

BARONESS COUSSINS

 

BARONESS AFSHAR

5Page 5, line 27, leave out "marriage" and insert "marital status"
6Page 5, line 28, after "married" insert ", unmarried, widowed or divorced"
7Page 5, line 29, leave out "marriage" and insert "marital status"
8Page 5, line 31, after "married" insert ", unmarried, widowed or divorced"
9Page 5, line 33, after "married" insert ", unmarried, widowed or divorced"
 

Clause 9

 

LORD AVEBURY

 

LORD LESTER OF HERNE HILL

 

LORD HARRIES OF PENTREGARTH

10Page 6, line 7, at end insert—
"(5)  A Minister of the Crown may by order—
(a)  amend this section so as to provide for caste to be an aspect of race;
(b)  amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances.
(6)  The power under section 205(4)(b), in its application to subsection (5), includes power to amend this Act."
 

Clause 13

 

BARONESS COUSSINS

 

BARONESS AFSHAR

11Page 7, line 13, leave out "marriage" and insert "marital status"
12Page 7, line 15, after "married" insert ", unmarried, widowed or divorced"
 

Clause 19

 

BARONESS COUSSINS

 

BARONESS AFSHAR

13Page 10, line 19, leave out "marriage" and insert "marital status"
 

Clause 20

 

BARONESS ROYALL OF BLAISDON

 

LORD LOW OF DALSTON

14Page 10, line 41, at end insert—
"(   )  Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format."
 

Clause 25

 

BARONESS COUSSINS

 

BARONESS AFSHAR

15Page 13, line 11, leave out "Marriage" and insert "Marital status"
16Page 13, line 12, leave out "marriage" and insert "marital status"
17Page 13, line 15, leave out "marriage" and insert "marital status"
 

After Clause 26

 

LORD LESTER OF HERNE HILL

 

LORD WALLACE OF TANKERNESS

 

BARONESS NORTHOVER

18*Insert the following new Clause—
  "Harassment (gender reassignment): education
(1)  A person (A) harasses another (B) if—
(a)  A engages in unwanted conduct related to a relevant protected characteristic, and
(b)  the conduct has the purpose or effect of—
(i)  violating B's dignity, and
(ii)  creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(2)  A also harasses B if—
(a)  A engages in unwanted conduct of a sexual nature, and
(b)  the conduct has the purpose or effect referred to in subsection (1)(b).
(3)  A also harasses B if—
(a)  A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,
(b)  the conduct has the purpose or effect referred to in subsection (1)(b), and
(c)  because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.
(4)  In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—
(a)  the perception of B;
(b)  the other circumstances of the case;
(c)  whether it is reasonable for the conduct to have that effect.
(5)  This section applies to Part 6 (education)."
19*Insert the following new Clause—
  "Harassment (sexual orientation): education and services and public functions
(1)  A person (A) harasses another (B) if—
(a)  A engages in unwanted conduct related to a relevant protected characteristic, and
(b)  the conduct has the purpose or effect of—
(i)  violating B's dignity, and
(ii)  creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(2)  A also harasses B if—
(a)  A engages in unwanted conduct of a sexual nature, and
(b)  the conduct has the purpose or effect referred to in subsection (1)(b).
(3)  A also harasses B if—
(a)  A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,
(b)  the conduct has the purpose or effect referred to in subsection (1)(b), and
(c)  because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.
(4)  In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—
(a)  the perception of B;
(b)  the other circumstances of the case;
(c)  whether it is reasonable for the conduct to have that effect.
(5)  This section applies to—
(a)  Part 3 (services and public functions) where the service or public function is carried out by a public authority, or on behalf of a public authority, under the terms of a contract with a public authority, or is otherwise a function of a public nature, and
(b)  Part 6 (education)."
 

Clause 29

 

BARONESS BUTLER-SLOSS

20*Page 15, line 37, at end insert—
"(   )  A service-provider must make reasonable adjustments to ensure that, so far as is possible, no employee is required to be complicit with an action or circumstance to which the employee has a genuine conscientious objection on the basis of the employee's beliefs regarding sexual orientation."
 

Schedule 3

 

BARONESS BUTLER-SLOSS

21*Page 143, line 40, at end insert—
 

"Religious adoption and fostering agencies

(1)  Paragraph (2) applies to a voluntary adoption agency or fostering agency that—
(a)  is an organisation of the kind referred to in Schedule 23, Paragraph 2(1), or
(b)  acts on behalf of or under the auspices of such an organisation.
(2)  Subject to paragraph (3), nothing in this Act shall make it unlawful for such a voluntary adoption agency or fostering agency to restrict the provision of its services or facilities to a person on the grounds of sexual orientation.
(3)  If such a voluntary adoption agency or fostering agency restricts the provision of those services or facilities as mentioned in paragraph (2), it must at the same time refer the person seeking them to another person who the agency believes provides similar services or facilities to persons of his sexual orientation.
(4)  Paragraph (2) permits a restriction only if imposed—
(a)  if it is necessary to comply with the doctrine of the organisation, or
(b)  so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers."
 

BARONESS ROYALL OF BLAISDON

22Page 148, line 15, at end insert—
"(3)      Sub-paragraph (4) applies to a person (A) who may, in a case that comes within the Marriage Act 1949 (other than the case mentioned in sub-paragraph (1)), solemnise marriages according to a form, rite or ceremony of a body of persons who meet for religious worship.
(4)      A does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to solemnise, in accordance with a form, rite or ceremony as described in sub-paragraph (3), the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004."
 

After Clause 77

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

23Insert the following new Clause—
  "Equal pay audit following contravention by employer
(1)  In the event that a court or employment tribunal finds that an employer has contravened the provisions of this Act relating to equal pay, the employer shall be required to undertake an audit, to be known as an equal pay audit, and to make the results of this audit available in the prescribed manner.
(2)  In this section "prescribed" means prescribed in regulations made by the Secretary of State."
 

Clause 78

 

LORD LESTER OF HERNE HILL

 

LORD WALLACE OF TANKERNESS

 

BARONESS NORTHOVER

24Page 50, line 26, leave out "may" and insert "shall"
25Page 50, line 29, at end insert "which are discriminatory"
26Page 50, line 31, leave out "250" and insert "100"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

27Leave out Clause 78

 
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1 March 2010