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Equality Bill


Equality Bill
Part 16 — General and miscellaneous

132

 

“man” means a male of any age;

“maternity equality clause” has the meaning given in section 73;

“maternity equality rule” has the meaning given in section 75;

“non-discrimination rule” has the meaning given in section 61;

“occupational pension scheme” has the meaning given in section 1 of the

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Pension Schemes Act 1993;

“parent” has the same meaning as in—

(a)   

the Education Act 1996 (in relation to England and Wales);

(b)   

the Education (Scotland) Act 1980 (in relation to Scotland);

“prescribed” means prescribed by regulations;

10

“profession” includes a vocation or occupation;

“sex equality clause” has the meaning given in section 66;

“sex equality rule” has the meaning given in section 67;

“subordinate legislation” means—

(a)   

subordinate legislation within the meaning of the Interpretation

15

Act 1978, or

(b)   

an instrument made under an Act of the Scottish Parliament or

an Act or Measure of the National Assembly for Wales;

“substantial” means more than minor or trivial;

“trade” includes any business;

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“woman” means a female of any age.

(2)   

A reference (however expressed) to an act includes a reference to an omission.

(3)   

A reference (however expressed) to an omission includes (unless there is

express provision to the contrary) a reference to—

(a)   

deliberate omission to do a thing;

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(b)   

refusal to do it;

(c)   

failure to do it.

(4)   

A reference (however expressed) to providing or affording access to a benefit,

facility or service includes a reference to facilitating access to the benefit,

facility or service.

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(5)   

Where this Act disapplies a prohibition on harassment in relation to a specified

protected characteristic, the disapplication does not prevent conduct relating

to that characteristic from amounting to a detriment for the purposes of

discrimination within section 13 because of that characteristic.

(6)   

A reference to occupation, in relation to premises, is a reference to lawful

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occupation.

(7)   

The following are members of the executive—

(a)   

a Minister of the Crown;

(b)   

a government department;

(c)   

the Welsh Ministers, the First Minister for Wales or the Counsel

40

General to the Welsh Assembly Government;

(d)   

any part of the Scottish Administration.

(8)   

A reference to a breach of an equality clause or rule is a reference to a breach of

a term modified by, or included by virtue of, an equality clause or rule.

 
 

Equality Bill
Part 16 — General and miscellaneous

133

 

(9)   

A reference to a contravention of this Act does not include a reference to a

breach of an equality clause or rule, unless there is express provision to the

contrary.

(10)   

“Member”, in relation to an occupational pension scheme, means an active

member, a deferred member or a pensioner member (within the meaning, in

5

each case, given by section 124 of the Pensions Act 1995).

(11)   

“Employer”, “deferred member”, “pension credit member”, “pensionable

service”, “pensioner member” and “trustees or managers” each have, in

relation to an occupational pension scheme, the meaning given by section 124

of the Pensions Act 1995.

10

(12)   

A reference to the accrual of rights under an occupational pension scheme is to

be construed in accordance with that section.

(13)   

Nothing in section 28, 32, 84, 90, 95 or 100 is to be regarded as an express

exception.

213     

References to maternity leave, etc.

15

(1)   

This section applies for the purpose of this Act.

(2)   

A reference to a woman on maternity leave is a reference to a woman on—

(a)   

compulsory maternity leave,

(b)   

ordinary maternity leave, or

(c)   

additional maternity leave.

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(3)   

A reference to a woman on compulsory maternity leave is a reference to a

woman absent from work because she satisfies the conditions prescribed for

the purposes of section 72(1) of the Employment Rights Act 1996.

(4)   

A reference to a woman on ordinary maternity leave is a reference to a woman

absent from work because she is exercising the right to ordinary maternity

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leave.

(5)   

A reference to the right to ordinary maternity leave is a reference to the right

conferred by section 71(1) of the Employment Rights Act 1996.

(6)   

A reference to a woman on additional maternity leave is a reference to a

woman absent from work because she is exercising the right to additional

30

maternity leave.

(7)   

A reference to the right to additional maternity leave is a reference to the right

conferred by section 73(1) of the Employment Rights Act 1996.

(8)   

“Additional maternity leave period” has the meaning given in section 73(2) of

that Act.

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214     

Index of defined expressions

Schedule 28 lists the places where expressions used in this Act are defined or

otherwise explained.

 
 

Equality Bill
Part 16 — General and miscellaneous

134

 

Final provisions

215     

Money

There is to be paid out of money provided by Parliament any increase

attributable to this Act in the expenses of a Minister of the Crown.

216     

Commencement

5

(1)   

The following provisions come into force on the day on which this Act is

passed—

(a)   

section 186(2) (rail vehicles accessibility: compliance);

(b)   

this Part (except sections 206 (information society services) and 211

(amendments, etc)).

10

(2)   

Part 15 (family property) comes into force on such day as the Lord Chancellor

may by order appoint.

(3)   

The other provisions of this Act come into force on such day as a Minister of

the Crown may by order appoint.

217     

Extent

15

(1)   

This Act forms part of the law of England and Wales.

(2)   

This Act, apart from section 190 (improvements to let dwelling houses) and

Part 15 (family property), forms part of the law of Scotland.

(3)   

Each of the following also forms part of the law of Northern Ireland—

(a)   

section 82 (offshore work);

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(b)   

section 105(3) and (4) (expiry of Sex Discrimination (Election

Candidates) Act 2002);

(c)   

section 199 (abolition of presumption of advancement).

218     

Short title

This Act may be cited as the Equality Act 2010.

25

 
 

Equality Bill
Schedule 1 — Disability: supplementary provision
Part 1 — Determination of disability

135

 

Schedules

Schedule 1

Section 6

 

Disability: supplementary provision

Part 1

Determination of disability

5

Impairment

1          

Regulations may make provision for a condition of a prescribed description

to be, or not to be, an impairment.

Long-term effects

2     (1)  

The effect of an impairment is long-term if—

10

(a)   

it has lasted for at least 12 months,

(b)   

it is likely to last for at least 12 months, or

(c)   

it is likely to last for the rest of the life of the person affected.

      (2)  

If an impairment ceases to have a substantial adverse effect on a person’s

ability to carry out normal day-to-day activities, it is to be treated as

15

continuing to have that effect if that effect is likely to recur.

      (3)  

For the purposes of sub-paragraph (2), the likelihood of an effect recurring

is to be disregarded in such circumstances as may be prescribed.

      (4)  

Regulations may prescribe circumstances in which, despite sub-paragraph

(1), an effect is to be treated as being, or as not being, long-term.

20

Severe disfigurement

3     (1)  

An impairment which consists of a severe disfigurement is to be treated as

having a substantial adverse effect on the ability of the person concerned to

carry out normal day-to-day activities.

      (2)  

Regulations may provide that in prescribed circumstances a severe

25

disfigurement is not to be treated as having that effect.

      (3)  

The regulations may, in particular, make provision in relation to deliberately

acquired disfigurement.

Substantial adverse effects

4          

Regulations may make provision for an effect of a prescribed description on

30

the ability of a person to carry out normal day-to-day activities to be treated

as being, or as not being, a substantial adverse effect.

 

 

Equality Bill
Schedule 1 — Disability: supplementary provision
Part 1 — Determination of disability

136

 

Effect of medical treatment

5     (1)  

An impairment is to be treated as having a substantial adverse effect on the

ability of the person concerned to carry out normal day-to-day activities if—

(a)   

measures are being taken to treat or correct it, and

(b)   

but for that, it would be likely to have that effect.

5

      (2)  

“Measures” includes, in particular, medical treatment and the use of a

prosthesis or other aid.

      (3)  

Sub-paragraph (1) does not apply—

(a)   

in relation to the impairment of a person’s sight, to the extent that the

impairment is, in the person’s case, correctable by spectacles or

10

contact lenses or in such other ways as may be prescribed;

(b)   

in relation to such other impairments as may be prescribed, in such

circumstances as are prescribed.

Certain medical conditions

6     (1)  

Cancer, HIV infection and multiple sclerosis are each a disability.

15

      (2)  

HIV infection is infection by a virus capable of causing the Acquired

Immune Deficiency Syndrome.

Deemed disability

7     (1)  

Regulations may provide for persons of prescribed descriptions to be treated

as having disabilities.

20

      (2)  

The regulations may prescribe circumstances in which a person who has a

disability is to be treated as no longer having the disability.

      (3)  

This paragraph does not affect the other provisions of this Schedule.

Progressive conditions

8     (1)  

This paragraph applies to a person (P) if—

25

(a)   

P has a progressive condition,

(b)   

as a result of that condition P has an impairment which has (or had)

an effect on P’s ability to carry out normal day-to-day activities, but

(c)   

the effect is not (or was not) a substantial adverse effect.

      (2)  

P is to be taken to have an impairment which has a substantial adverse effect

30

if the condition is likely to result in P having such an impairment.

      (3)  

Regulations may make provision for a condition of a prescribed description

to be treated as being, or as not being, progressive.

Past disabilities

9     (1)  

A question as to whether a person had a disability at a particular time (“the

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relevant time”) is to be determined, for the purposes of section 6, as if the

provisions of, or made under, this Act were in force when the act

complained of was done had been in force at the relevant time.

      (2)  

The relevant time may be a time before the coming into force of the provision

of this Act to which the question relates.

40

 
 

Equality Bill
Schedule 1 — Disability: supplementary provision
Part 2 — Guidance

137

 

Part 2

Guidance

Preliminary

10         

This Part of this Schedule applies in relation to guidance referred to in

section 6(5).

5

Examples

11         

The guidance may give examples of—

(a)   

effects which it would, or would not, be reasonable, in relation to

particular activities, to regard as substantial adverse effects;

(b)   

substantial adverse effects which it would, or would not, be

10

reasonable to regard as long-term.

Adjudicating bodies

12    (1)  

In determining whether a person is a disabled person, an adjudicating body

must take account of such guidance as it thinks is relevant.

      (2)  

An adjudicating body is—

15

(a)   

a court;

(b)   

a tribunal;

(c)   

a person (other than a court or tribunal) who may decide a claim

relating to a contravention of Part 6 (education).

Representations

20

13         

Before issuing the guidance, the Minister must—

(a)   

publish a draft of it;

(b)   

consider any representations made to the Minister about the draft;

(c)   

make such modifications as the Minister thinks appropriate in the

light of the representations.

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Parliamentary procedure

14    (1)  

If the Minister decides to proceed with proposed guidance, a draft of it must

be laid before Parliament.

      (2)  

If, before the end of the 40-day period, either House resolves not to approve

the draft, the Minister must take no further steps in relation to the proposed

30

guidance.

      (3)  

If no such resolution is made before the end of that period, the Minister must

issue the guidance in the form of the draft.

      (4)  

Sub-paragraph (2) does not prevent a new draft of proposed guidance being

laid before Parliament.

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      (5)  

The 40-day period—

(a)   

begins on the date on which the draft is laid before both Houses (or,

if laid before each House on a different date, on the later date);

 
 

Equality Bill
Schedule 2 — Services and public functions: reasonable adjustments

138

 

(b)   

does not include a period during which Parliament is prorogued or

dissolved;

(c)   

does not include a period during which both Houses are adjourned

for more than 4 days.

Commencement

5

15         

The guidance comes into force on the day appointed by order by the

Minister.

Revision and revocation

16    (1)  

The Minister may—

(a)   

revise the whole or part of guidance and re-issue it;

10

(b)   

by order revoke guidance.

      (2)  

A reference to guidance includes a reference to guidance which has been

revised and re-issued.

Schedule 2

Section 31

 

Services and public functions: reasonable adjustments

15

Preliminary

1          

This Schedule applies where a duty to make reasonable adjustments is

imposed on A by this Part.

The duty

2     (1)  

A must comply with the first, second and third requirements.

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      (2)  

For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to

a disabled person is to disabled persons generally.

      (3)  

Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage”

there were substituted—

“(a)   

to avoid the disadvantage, or

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(b)   

to adopt a reasonable alternative method of providing the

service or exercising the function.”

      (4)  

In relation to each requirement, the relevant matter is the provision of the

service, or the exercise of the function, by A.

      (5)  

Being placed at a substantial disadvantage in relation to the exercise of a

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function means—

(a)   

if a benefit is or may be conferred in the exercise of the function,

being placed at a substantial disadvantage in relation to the

conferment of the benefit, or

(b)   

if a person is or may be subjected to a detriment in the exercise of the

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function, suffering an unreasonably adverse experience when being

subjected to the detriment.

 
 

 
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