back to previous amendments
28 | Insert the following new Schedule |
| 1 (1) Part 5 of this Act applies to a seafarer who works wholly or partly within Great Britain (including United Kingdom waters adjacent to Great Britain) if |
(a) | the seafarer is on a United Kingdom ship and the ship's entry in the register maintained under section 8 of the Merchant Shipping Act 1995 specifies a port in Great Britain as the ship's port of choice, or |
(b) | the seafarer is on a hovercraft registered in the United Kingdom and is operated by a person whose principal place of business, or ordinary residence, is in Great Britain. |
(2) | Part 5 of this Act also applies to a seafarer who works wholly or partly within Great Britain (including United Kingdom waters adjacent to Great Britain) and who is |
(a) | on a ship registered in or entitled to fly the flag of an EEA State other than the United Kingdom, or |
(c) | on a hovercraft registered in an EEA State other than the United Kingdom, |
| if sub-paragraph (3) applies. |
(3) | This sub-paragraph applies if |
(a) | the ship or hovercraft is in United Kingdom waters adjacent to Great Britain, |
(b) | the seafarer has attained the age of 18, |
(c) | the seafarer is a British citizen or a national of an EEA State other than the United Kingdom, or of a designated state, and |
(d) | the legal relationship of the seafarer's employment can be located within Great Britain or retains a sufficiently close link with Great Britain. |
| 2 (1) Part 5 of this Act applies to a seafarer who works wholly outside Great Britain and United Kingdom waters adjacent to Great Britain if |
(a) | the seafarer is on a United Kingdom ship and the ship's entry in the register maintained under section 8 of the Merchant Shipping Act 1995 specifies a port in Great Britain as the ship's port of choice, or |
(b) | the seafarer is on a hovercraft registered in the United Kingdom and is operated by a person whose principal place of business, or ordinary residence, is in Great Britain, |
| and sub-paragraph (2) applies. |
(2) | This sub-paragraph applies if |
(a) | the seafarer is a British citizen, or a national of an EEA State other than the United Kingdom, or of a designated state, and |
(b) | the legal relationship of the seafarer's employment can be located within Great Britain or retains a sufficiently close link with Great Britain. |
| "British citizen" has the same meaning as in the British Nationality Act 2010; |
| "designated state" means the countries of the African, Caribbean and Pacific Group of States, the Kingdom of Morocco, the Most Serene Republic of San Marino, the Peoples' Democratic Republic of Algeria, the Republic of Croatia, the Republic of Macedonia, the Republic of Tunisia, the Republic of Turkey, the Russian Federation and the Swiss Confederation; |
| "United Kingdom ship" means a ship registered in the United Kingdom under Part II of the Merchant Shipping Act 1995; |
| "United Kingdom waters" means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom." |
29 | Page 52, leave out line 35 |
30 | Insert the following new Clause |
| In the National Minimum Wage Act 1998 for section 40 (mariners) substitute |
| For the purposes of this Act, an individual employed to work on a ship which either |
(a) | is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and that individual is ordinarily resident in the United Kingdom; or |
(b) | is trading solely between United Kingdom ports, anchorages, roadsteads, or offshore installations, |
| shall be treated as an individual who under his contract ordinarily works in the United Kingdom, unless that employment is wholly outside the United Kingdom; and related expressions shall be construed accordingly." |
| BARONESS TURNER OF CAMDEN |
31 | Page 170, line 22, after "religion" insert "and that given the nature of the particular occupational activities concerned, or the context in which they are carried out, A's application of a requirement under sub-paragaph (4) in relation to the employment, constitutes a genuine and determining occupational requirement, and that the objective of this application is legitimate" |
32 | Page 171, line 3, at end insert |
"( ) | a requirement related to religion or belief" |
| LORD LESTER OF HERNE HILL |
| LORD WALLACE OF TANKERNESS |
33 | Page 172, line 34, leave out paragraphs 8 and 9 |
| LORD LESTER OF HERNE HILL |
| LORD WALLACE OF TANKERNESS |
34 | Page 54, line 40, leave out paragraph (c) |
| LORD LESTER OF HERNE HILL |
| LORD WALLACE OF TANKERNESS |
35* | Page 56, line 7, leave out paragraph (a) |
36* | Page 56, line 9, leave out paragraph (c) |
37 | Page 188, line 31, after "paragraph" insert " |
38 | Page 188, line 33, at end insert "; |
(b) | the reference in section 20(3) or (5) to a disabled person is |
(i) | in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; |
(ii) | in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled pupils generally" |
39 | Page 189, line 11, after "is" insert " |
(i) | in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; |
(ii) | in relation to a relevant matter within sub-paragraph (4)(b) or (c), a reference to disabled students generally; |
40 | Page 190, line 9, at end insert "; |
( ) | the reference in section 20(3), (4) or (5) to a disabled person is |
(i) | in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; |
(ii) | in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled persons generally who are enrolled on the course" |
41 | Page 190, line 23, at end insert "; |
( ) | the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons generally" |
| LORD LESTER OF HERNE HILL |
| LORD WALLACE OF TANKERNESS |
| BARONESS MORRIS OF BOLTON |
42* | Page 67, line 2, at end insert ", and |
(c) | which, subject to subsection (7), are a proportionate means of achieving that purpose." |
43* | Page 67, line 14, at end insert "; and subsection (3)(c) does not apply to short-listing in reliance on this subsection." |
| BARONESS ROYALL OF BLAISDON |
44 | Insert the following new Clause |
| "Information about diversity in range of candidates etc. |
(1) | This section applies to an association which is a registered political party. |
(2) | If the party had candidates at a relevant election, the party must, in accordance with regulations made by a Minister of the Crown, publish information relating to protected characteristics of persons who come within a description prescribed in the regulations in accordance with subsection (3). |
(3) | One or more of the following descriptions may be prescribed for the purposes of subsection (2) |
(a) | successful applicants for nomination as a candidate at the relevant election; |
(b) | unsuccessful applicants for nomination as a candidate at that election; |
(c) | candidates elected at that election; |
(d) | candidates who are not elected at that election. |
(4) | The duty imposed by subsection (2) applies only in so far as it is possible to publish information in a manner that ensures that no person to whom the information relates can be identified from that information. |
(5) | The following elections are relevant elections |
(a) | Parliamentary Elections; |
(b) | elections to the European Parliament; |
(c) | elections to the Scottish Parliament; |
(d) | elections to the National Assembly for Wales. |
(6) | This section does not apply to the following protected characteristics |
(a) | marriage and civil partnership; |
(b) | pregnancy and maternity. |
(7) | The regulations may provide that the information to be published |
(a) | must (subject to subsection (6)) relate to all protected characteristics or only to such as are prescribed; |
(b) | must include a statement, in respect of each protected characteristic to which the information relates, of the proportion that the number of persons who provided the information to the party bears to the number of persons who were asked to provide it. |
(8) | Regulations under this section may prescribe |
(a) | descriptions of information; |
(b) | descriptions of political party to which the duty is to apply; |
(c) | the time at which information is to be published; |
(d) | the form and manner in which information is to be published; |
(e) | the period for which information is to be published. |
(9) | Provision by virtue of subsection (8)(b) may, in particular, provide that the duty imposed by subsection (2) does not apply to a party which had candidates in fewer constituencies in the election concerned than a prescribed number. |
(10) | Regulations under this section |
(a) | may provide that the duty imposed by subsection (2) applies only to such relevant elections as are prescribed; |
(b) | may provide that a by-election or other election to fill a vacancy is not to be treated as a relevant election or is to be so treated only to a prescribed extent; |
(c) | may amend this section so as to provide for the duty imposed by subsection (2) to apply in the case of additional descriptions of election. |
(11) | Nothing in this section authorises a political party to require a person to provide information to it." |
| BARONESS ROYALL OF BLAISDON |
45 | Page 72, line 3, at end insert |
"( ) | Subsection (1)(d) does not apply to a contravention of section (Information about diversity in range of candidates etc.)." |
| BARONESS YOUNG OF HORNSEY |
46 | Page 95, line 39, at end insert |
"( ) | To comply with the duties in this section, a public authority in the exercise of its functions, or a person within subsection (2) in the exercise of its public functions, shall take all proportionate steps towards the achievement of the matters mentioned in subsection (1)." |
| LORD LESTER OF HERNE HILL |
| LORD WALLACE OF TANKERNESS |
47* | Page 96, line 4, at end insert |
| "but subsection (1)(b) does not apply to the protected characteristic of religion or belief." |
|