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Session 2009 - 10
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Equality Bill


Equality Bill
Part 16 — General and miscellaneous

125

 

201     

Civil partners: housekeeping allowance

(1)   

After section 70 of the Civil Partnership Act 2004 insert—

“70A    

Money and property derived from housekeeping allowance

Section 1 of the Matrimonial Property Act 1964 (money and property

derived from housekeeping allowance to be treated as belonging to

5

husband and wife in equal shares) applies in relation to—

(a)   

money derived from any allowance made by a civil partner for

the expenses of the civil partnership home or for similar

purposes, and

(b)   

any property acquired out of such money,

10

as it applies in relation to money derived from any allowance made by

a husband or wife for the expenses of the matrimonial home or for

similar purposes, and any property acquired out of such money.”

(2)   

The amendment made by this section does not have effect in relation to any

allowance made before the commencement of this section.

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Part 16

General and miscellaneous

Civil partnerships

202     

Civil partnerships on religious premises

(1)   

The Civil Partnership Act 2004 is amended as follows.

20

(2)   

Omit section 6(1)(b) and (2).

(3)   

In section 6A, after subsection (2), insert—

“(2A)   

Regulations under this section may provide that premises approved for

the registration of civil partnerships may differ from those premises

approved for the registration of civil marriages.”

25

(4)   

In secction 6A, after subsection (3), insert—

“(3A)   

For the avoidance of doubt, nothing in this Act places an obligation on

religious organisations to host civil partnerships if they do not wish to

do so.”

Community obligations

30

203     

Harmonisation

(1)   

This section applies if—

(a)   

there is a Community obligation of the United Kingdom which a

Minister of the Crown thinks relates to the subject matter of the

Equality Acts,

35

(b)   

the obligation is to be implemented by the exercise of the power under

section 2(2) of the European Communities Act 1972 (the implementing

power), and

 
 

Equality Bill
Part 16 — General and miscellaneous

126

 

(c)   

the Minister thinks that it is appropriate to make harmonising

provision in the Equality Acts.

(2)   

The Minister may by order make the harmonising provision.

(3)   

If the Minister proposes to make an order under this section, the Minister must

consult persons and organisations the Minister thinks are likely to be affected

5

by the harmonising provision.

(4)   

If, as a result of the consultation under subsection (3), the Minister thinks it

appropriate to change the whole or part of the proposal, the Minister must

carry out such further consultation with respect to the changes as the Minister

thinks appropriate.

10

(5)   

The Equality Acts are the Equality Act 2006 and this Act.

(6)   

Harmonising provision is provision made in relation to relevant subject matter

of the Equality Acts—

(a)   

which corresponds to the implementing provision, or

(b)   

which the Minister thinks is necessary or expedient in consequence of

15

or related to provision made in pursuance of paragraph (a) or the

implementing provision.

(7)   

The implementing provision is provision made or to be made in exercise of the

implementing power in relation to so much of the subject matter of the

Equality Acts as implements a Community obligation.

20

(8)   

Relevant subject matter of the Equality Acts is so much of the subject matter of

those Acts as does not implement a Community obligation.

(9)   

A harmonising provision may amend a provision of the Equality Acts.

(10)   

The reference to this Act does not include a reference to this section or Schedule

24 or to a provision specified in that Schedule.

25

(11)   

A Minister of the Crown must report to Parliament on the exercise of the power

under subsection (2)—

(a)   

at the end of the period of 2 years starting on the day this section comes

into force;

(b)   

at the end of each succeeding period of 2 years.

30

204     

Harmonisation: procedure

(1)   

If, after the conclusion of the consultation required under section 201, the

Minister thinks it appropriate to proceed with the making of an order under

that section, the Minister must lay before Parliament—

(a)   

a draft of a statutory instrument containing the order, together with

35

(b)   

an explanatory document.

(2)   

The explanatory document must—

(a)   

introduce and give reasons for the harmonising provision;

(b)   

explain why the Minister thinks that the conditions in subsection (1) of

section 201 are satisfied;

40

(c)   

give details of the consultation carried out under that section;

(d)   

give details of the representations received as a result of the

consultation;

 
 

Equality Bill
Part 16 — General and miscellaneous

127

 

(e)   

give details of such changes as were made as a result of the

representations.

(3)   

Where a person making representations in response to the consultation has

requested the Minister not to disclose them, the Minister must not disclose

them under subsection (2)(d) if, or to the extent that, to do so would

5

(disregarding any connection with proceedings in Parliament) constitute an

actionable breach of confidence.

(4)   

If information in representations made by a person in response to consultation

under section 201 relates to another person, the Minister need not disclose the

information under subsection (2)(d) if or to the extent that—

10

(a)   

the Minister thinks that the disclosure of information could adversely

affect the interests of that other person, and

(b)   

the Minister has been unable to obtain the consent of that other person

to the disclosure.

(5)   

The Minister may not act under subsection (1) before the end of the period of

15

12 weeks beginning with the day on which the consultation under section

201(3) begins.

(6)   

Laying a draft of a statutory instrument in accordance with subsection (1)

satisfies the condition as to laying imposed by subsection (8) of section 206, in

so far as that subsection applies in relation to orders under section 201.

20

Application

205     

Crown application

(1)   

The following provisions of this Act bind the Crown—

(a)   

Part 1 (public sector duty regarding socio-economic inequalities);

(b)   

Part 3 (services and public functions), so far as relating to the exercise

25

of public functions;

(c)   

Chapter 1 of Part 11 (public sector equality duty).

(2)   

Part 5 (work) binds the Crown as provided for by that Part.

(3)   

The remainder of this Act applies to Crown acts as it applies to acts done by a

private person.

30

(4)   

For the purposes of subsection (3), an act is a Crown act if (and only if) it is

done—

(a)   

by or on behalf of a member of the executive,

(b)   

by a statutory body acting on behalf of the Crown, or

(c)   

by or on behalf of the holder of a statutory office acting on behalf of the

35

Crown.

(5)   

A statutory body or office is a body or office established by an enactment.

(6)   

The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to

proceedings against the Crown under this Act as they apply to proceedings in

England and Wales which, as a result of section 23 of that Act, are treated for

40

the purposes of Part 2 of that Act as civil proceedings by or against the Crown.

 
 

Equality Bill
Part 16 — General and miscellaneous

128

 

(7)   

The provisions of Part 5 of that Act apply to proceedings against the Crown

under this Act as they apply to proceedings in Scotland which, as a result of

that Part, are treated as civil proceedings by or against the Crown.

(8)   

But the proviso to section 44 of that Act (removal of proceedings from the

sheriff to the Court of Session) does not apply to proceedings under this Act.

5

206     

Information society services

Schedule 25 (information society services) has effect.

Subordinate legislation

207     

Exercise of power

(1)   

A power to make an order or regulations under this Act is exercisable by a

10

Minister of the Crown, unless expressly provided to the contrary.

(2)   

Orders, regulations or rules under this Act must be made by statutory

instrument.

(3)   

Subsection (2) does not apply to—

(a)   

a transitional exemption order under Part 1 of Schedule 11,

15

(b)   

a transitional exemption order under Part 1 of Schedule 12, or

(c)   

an order under paragraph 1(3) of Schedule 14 that does not modify an

enactment.

(4)   

Orders or regulations under this Act—

(a)   

may make different provision for different purposes;

20

(b)   

may include consequential, incidental, supplementary, transitional,

transitory or saving provision.

(5)   

Nothing in section 163(4), 174(4) or 182(3) affects the generality of the power

under subsection (4)(a).

(6)   

The power under subsection (4)(b), in its application to section 37, 153, 154(2),

25

155(5), 197 or 216 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3)

of Schedule 14, includes power to amend an enactment (including, in the case

of section 197 or 216, this Act).

(7)   

In the case of section 216, provision by virtue of subsection (4)(b) may be

included in a separate order from the order that provides for the

30

commencement to which the provision relates; and, for that purpose, it does

not matter—

(a)   

whether the order providing for the commencement includes provision

by virtue of subsection (4)(b);

(b)   

whether the commencement has taken place.

35

(8)   

A statutory instrument containing an Order in Council under section 82

(offshore work) is subject to annulment in pursuance of a resolution of either

House of Parliament.

208     

Ministers of the Crown, etc

(1)   

This section applies where the power to make an order or regulations under

40

this Act is exercisable by a Minister of the Crown or the Treasury.

 
 

Equality Bill
Part 16 — General and miscellaneous

129

 

(2)   

A statutory instrument containing (whether alone or with other provision) an

order or regulations that amend this Act or another Act of Parliament, or an Act

of the Scottish Parliament or an Act or Measure of the National Assembly for

Wales, is subject to the affirmative procedure.

(3)   

But a statutory instrument is not subject to the affirmative procedure by virtue

5

of subsection (2) merely because it contains—

(a)   

an order under section 59 (local authority functions);

(b)   

an order under section 151 (power to amend list of public authorities

for the purposes of the public sector equality duty) that provides for the

omission of an entry where the authority concerned has ceased to exist

10

or the variation of an entry where the authority concerned has changed

its name;

(c)   

an order under paragraph 1(3) of Schedule 14 that modifies an

enactment (educational charities and endowments).

(4)   

A statutory instrument containing (whether alone or with other provision) an

15

order or regulations mentioned in subsection (5) is subject to the affirmative

procedure.

(5)   

The orders and regulations referred to in subsection (4) are—

(a)   

regulations under section 30 (services: ships and hovercraft);

(b)   

regulations under section 78 (gender pay gap information);

20

(c)   

regulations under section 81 (work: ships and hovercraft);

(d)   

an order under section 105 (election candidates: expiry of provision);

(e)   

regulations under section 106 (election candidates: diversity

information);

(f)   

regulations under section 153 or 154(2) (public sector equality duty);

25

(g)   

regulations under section 184(4) (rail vehicle accessibility: procedure

for exemption orders);

(h)   

an order under section 203 (Community obligations: harmonisation);

(i)   

regulations under paragraph 9(3) of Schedule 20 (rail vehicle

accessibility: determination of turnover for purposes of penalties).

30

(6)   

A statutory instrument that is not subject to the affirmative procedure by virtue

of subsection (2) or (4) is subject to the negative procedure.

(7)   

But a statutory instrument is not subject to the negative procedure by virtue of

subsection (6) merely because it contains—

(a)   

an order under section 183(1) (rail vehicle accessibility: exemptions);

35

(b)   

an order under section 216 (commencement) that—

(i)   

does not amend an Act of Parliament, an Act of the Scottish

Parliament or an Act or Measure of the National Assembly for

Wales, and

(ii)   

is not made in reliance on section 207(7).

40

(8)   

If a statutory instrument is subject to the affirmative procedure, the order or

regulations contained in it must not be made unless a draft of the instrument is

laid before and approved by a resolution of each House of Parliament.

(9)   

If a statutory instrument is subject to the negative procedure, it is subject to

annulment in pursuance of a resolution of either House of Parliament.

45

(10)   

If a draft of a statutory instrument containing an order or regulations under

section 2, 151, 153, 154(2) or 155(5) would, apart from this subsection, be treated

 
 

Equality Bill
Part 16 — General and miscellaneous

130

 

for the purposes of the Standing Orders of either House of Parliament as a

hybrid instrument, it is to proceed in that House as if it were not a hybrid

instrument.

209     

The Welsh Ministers

(1)   

This section applies where the power to make an order or regulations under

5

this Act is exercisable by the Welsh Ministers.

(2)   

A statutory instrument containing (whether alone or with other provision) an

order or regulations mentioned in subsection (3) is subject to the affirmative

procedure.

(3)   

The orders and regulations referred to in subsection (2) are—

10

(a)   

regulations under section 2 (socio-economic inequalities);

(b)   

an order under section 151 (power to amend list of public authorities

for the purposes of the public sector equality duty);

(c)   

regulations under section 153 or 154(2) (public sector equality duty:

powers to impose specific duties);

15

(d)   

regulations under section 155(5) that amend an Act of Parliament or an

Act or Measure of the National Assembly for Wales (public sector

equality duty: power to modify or remove specific duties).

(4)   

But a statutory instrument is not subject to the affirmative procedure by virtue

of subsection (2) merely because it contains an order under section 151 that

20

provides for—

(a)   

the omission of an entry where the authority concerned has ceased to

exist, or

(b)   

the variation of an entry where the authority concerned has changed its

name.

25

(5)   

A statutory instrument that is not subject to the affirmative procedure by virtue

of subsection (2) is subject to the negative procedure.

(6)   

If a statutory instrument is subject to the affirmative procedure, the order or

regulations contained in it must not be made unless a draft of the instrument is

laid before and approved by a resolution of the National Assembly for Wales.

30

(7)   

If a statutory instrument is subject to the negative procedure, it is subject to

annulment in pursuance of a resolution of the National Assembly for Wales.

210     

The Scottish Ministers

(1)   

This section applies where the power to make an order, regulations or rules

under this Act is exercisable by the Scottish Ministers.

35

(2)   

A statutory instrument containing (whether alone or with other provision) an

order or regulations mentioned in subsection (3) is subject to the affirmative

procedure.

(3)   

The orders and regulations referred to in subsection (2) are—

(a)   

regulations under section 2 (socio-economic inequalities);

40

(b)   

regulations under section 37 (power to make provision about

adjustments to common parts in Scotland);

(c)   

an order under section 151 (power to amend list of public authorities

for the purposes of the public sector equality duty);

 
 

Equality Bill
Part 16 — General and miscellaneous

131

 

(d)   

regulations under section 153 or 154(2) (public sector equality duty:

powers to impose specific duties);

(e)   

regulations under section 155(5) that amend an Act of Parliament or an

Act of the Scottish Parliament (public sector equality duty: power to

modify or remove specific duties).

5

(4)   

But a statutory instrument is not subject to the affirmative procedure by virtue

of subsection (2) merely because it contains an order under section 151 that

provides for—

(a)   

the omission of an entry where the authority concerned has ceased to

exist, or

10

(b)   

the variation of an entry where the authority concerned has changed its

name.

(5)   

A statutory instrument that is not subject to the affirmative procedure by virtue

of subsection (2) is subject to the negative procedure.

(6)   

If a statutory instrument is subject to the affirmative procedure, the order or

15

regulations contained in it must not be made unless a draft of the instrument is

laid before and approved by a resolution of the Scottish Parliament.

(7)   

If a statutory instrument is subject to the negative procedure, it is subject to

annulment in pursuance of a resolution of the Scottish Parliament.

Amendments, etc.

20

211     

Amendments, repeals and revocations

(1)   

Schedule 26 (amendments) has effect.

(2)   

Schedule 27 (repeals and revocations) has effect.

Interpretation

212     

General interpretation

25

(1)   

In this Act—

“armed forces” means any of the naval, military or air forces of the Crown;

“the Commission” means the Commission for Equality and Human

Rights;

“detriment” does not, subject to subsection (5), include conduct which

30

amounts to harassment;

“the Education Acts” has the meaning given in section 578 of the

Education Act 1996;

“employment” and related expressions are (subject to subsection (11)) to

be read with section 83;

35

“enactment” means an enactment contained in—

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament,

(c)   

an Act or Measure of the National Assembly for Wales, or

(d)   

subordinate legislation;

40

“equality clause” means a sex equality clause or maternity equality clause;

“equality rule” means a sex equality rule or maternity equality rule;

 
 

 
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