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Equality Bill


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

139

 

      (6)  

In relation to the second requirement, a physical feature includes a physical

feature brought by or on behalf of A, in the course of providing the service

or exercising the function, on to premises other than those that A occupies

(as well as including a physical feature in or on premises that A occupies).

      (7)  

If A is a service-provider, nothing in this paragraph requires A to take steps

5

which would fundamentally alter—

(a)   

the nature of the service;

(b)   

the nature of A’s trade or profession.

      (8)  

If A exercises a public function, nothing in this paragraph requires A to take

a step which A has no power to take.

10

Special provision about transport

3     (1)  

This paragraph applies where A is concerned with the provision of a service

which involves transporting people by land, air or water.

      (2)  

It is never reasonable for A to have to take a step which would—

(a)   

involve the alteration or removal of a physical feature of a vehicle

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used in providing the service;

(b)   

affect whether vehicles are provided;

(c)   

affect what vehicles are provided;

(d)   

affect what happens in the vehicle while someone is travelling in it.

      (3)  

But, for the purpose of complying with the first or third requirement, A may

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not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—

(a)   

a hire-vehicle designed and constructed for the carriage of

passengers, comprising more than 8 seats in addition to the driver’s

seat and having a maximum mass not exceeding 5 tonnes,

(b)   

a hire-vehicle designed and constructed for the carriage of goods and

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having a maximum mass not exceeding 3.5 tonnes,

(c)   

a vehicle licensed under section 48 of the Local Government

(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire

Vehicles (London) Act 1998 (or under a provision of a local Act

corresponding to either of those provisions),

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(d)   

a private hire car (within the meaning of section 23 of the Civic

Government (Scotland) Act 1982),

(e)   

a public service vehicle (within the meaning given by section 1 of the

Public Passenger Vehicles Act 1981),

(f)   

a vehicle built or adapted to carry passengers on a railway or

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tramway (within the meaning, in each case, of the Transport and

Works Act 1992),

(g)   

a taxi,

(h)   

a vehicle deployed to transport the driver and passengers of a vehicle

that has broken down or is involved in an accident, or

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(i)   

a vehicle deployed on a system using a mode of guided transport

(within the meaning of the Transport and Works Act 1992).

      (4)  

In so far as the second requirement requires A to adopt a reasonable

alternative method of providing the service to disabled persons, A may not,

for the purpose of complying with the requirement, rely on sub-paragraph

45

(2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h).

 
 

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

140

 

      (5)  

A may not, for the purpose of complying with the first, second or third

requirement rely on sub-paragraph (2) of this paragraph if A provides the

service by way of a hire-vehicle built to carry no more than eight passengers.

      (6)  

For the purposes of sub-paragraph (5) in its application to the second

requirement, a part of a vehicle is to be regarded as a physical feature if it

5

requires alteration in order to facilitate the provision of—

(a)   

hand controls to enable a disabled person to operate braking and

accelerator systems in the vehicle, or

(b)   

facilities for the stowage of a wheelchair.

      (7)  

For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical

10

systems are not physical features; and for the purposes of sub-paragraph

(6)(b), fixed seating is not a physical feature.

      (8)  

In the case of a vehicle within sub-paragraph (3), a relevant device is not an

auxiliary aid for the purposes of the third requirement.

      (9)  

A relevant device is a device or structure, or equipment, the installation,

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operation or maintenance of which would necessitate making a permanent

alteration to, or which would have a permanent effect on, the internal or

external fabric of the vehicle.

     (10)  

Regulations may amend this paragraph so as to provide for sub-paragraph

(2) not to apply, or to apply only so far as is prescribed, in relation to vehicles

20

of a prescribed description.

Interpretation

4     (1)  

This paragraph applies for the purposes of paragraph 3.

      (2)  

A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring

agreement to which section 66 of the Road Traffic Offenders Act 1988

25

applies.

      (3)  

A “taxi”, in England and Wales, is a vehicle—

(a)   

licensed under section 37 of the Town Police Clauses Act 1847,

(b)   

licensed under section 6 of the Metropolitan Public Carriage Act

1869, or

30

(c)   

drawn by one or more persons or animals.

      (4)  

A “taxi”, in Scotland, is—

(a)   

a hire car engaged, by arrangements made in a public place between

the person to be transported (or a person acting on that person’s

behalf) and the driver, for a journey starting there and then, or

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(b)   

a vehicle drawn by one or more persons or animals.

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 1 — Constitutional matters

141

 

Schedule 3

Section 31

 

Services and public functions: exceptions

Part 1

Constitutional matters

Parliament

5

1     (1)  

Section 29 does not apply to the exercise of—

(a)   

a function of Parliament;

(b)   

a function exercisable in connection with proceedings in Parliament.

      (2)  

Sub-paragraph (1) does not permit anything to be done in contravention of

that section to or in relation to an individual unless it is done by or in

10

pursuance of a resolution or other deliberation of either House or of a

Committee of either House.

Legislation

2     (1)  

Section 29 does not apply to preparing, making or considering—

(a)   

an Act of Parliament;

15

(b)   

a Bill for an Act of Parliament;

(c)   

an Act of the Scottish Parliament;

(d)   

a Bill for an Act of the Scottish Parliament;

(e)   

an Act of the National Assembly for Wales;

(f)   

a Bill for an Act of the National Assembly for Wales.

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      (2)  

Section 29 does not apply to preparing, making, approving or considering—

(a)   

a Measure of the National Assembly for Wales;

(b)   

a proposed Measure of the National Assembly for Wales.

      (3)  

Section 29 does not apply to preparing, making, confirming, approving or

considering an instrument which is made under an enactment by—

25

(a)   

a Minister of the Crown;

(b)   

the Scottish Ministers or a member of the Scottish Executive;

(c)   

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

General to the Welsh Assembly Government.

      (4)  

Section 29 does not apply to preparing, making, confirming, approving or

30

considering an instrument to which paragraph 6(a) of Schedule 2 to the

Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts

of Synod, orders, etc.) applies.

      (5)  

Section 29 does not apply to anything done in connection with the

preparation, making, consideration, approval or confirmation of an

35

instrument made—

(a)   

by Her Majesty in Council;

(b)   

by the Privy Council.

      (6)  

Section 29 does not apply to anything done in connection with the

imposition of a requirement or condition which comes within Schedule 22

40

(statutory provisions).

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 2 — Education

142

 

Judicial functions

3     (1)  

Section 29 does not apply to—

(a)   

a judicial function;

(b)   

anything done on behalf of, or on the instructions of, a person

exercising a judicial function;

5

(c)   

a decision not to commence or continue criminal proceedings;

(d)   

anything done for the purpose of reaching, or in pursuance of, a

decision not to commence or continue criminal proceedings.

      (2)  

A reference in sub-paragraph (1) to a judicial function includes a reference

to a judicial function conferred on a person other than a court or tribunal.

10

Armed forces

4     (1)  

Section 29(6), so far as relating to relevant discrimination, does not apply to

anything done for the purpose of ensuring the combat effectiveness of the

armed forces.

      (2)  

“Relevant discrimination” is—

15

(a)   

age discrimination;

(b)   

disability discrimination;

(c)   

gender reassignment discrimination;

(d)   

sex discrimination.

Security services, etc.

20

5          

Section 29 does not apply to—

(a)   

the Security Service;

(b)   

the Secret Intelligence Service;

(c)   

the Government Communications Headquarters;

(d)   

a part of the armed forces which is, in accordance with a requirement

25

of the Secretary of State, assisting the Government Communications

Headquarters.

Part 2

Education

6          

In its application to a local authority in England and Wales, section 29, so far

30

as relating to age discrimination or religious or belief-related discrimination,

does not apply to—

(a)   

the exercise of the authority’s functions under section 14 of the

Education Act 1996 (provision of schools);

(b)   

the exercise of its function under section 13 of that Act in so far as it

35

relates to a function of its under section 14 of that Act.

7          

In its application to an education authority, section 29, so far as relating to

age discrimination or religious or belief-related discrimination, does not

apply to—

(a)   

the exercise of the authority’s functions under section 17 of the

40

Education (Scotland) Act 1980 (provision of schools);

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 2 — Education

143

 

(b)   

the exercise of its functions under section 1 of that Act, section 2 of

the Standards in Scotland’s Schools etc. Act 2000 (asp 6) or section 4

or 5 of the Education (Additional Support for Learning) (Scotland)

Act 2004 (asp 4) (general responsibility for education) in so far as it

relates to a matter specified in paragraph (a);

5

(c)   

the exercise of its functions under subsection (1) of section 50 of the

Education (Scotland) Act 1980 (education of pupils in exceptional

circumstances) in so far as it consists of making arrangements of the

description referred to in subsection (2) of that section.

8     (1)  

In its application to a local authority in England and Wales or an education

10

authority, section 29, so far as relating to sex discrimination, does not apply

to the exercise of the authority’s functions in relation to the establishment of

a school.

      (2)  

But nothing in sub-paragraph (1) is to be taken as disapplying section 29 in

relation to the exercise of the authority’s functions under section 14 of the

15

Education Act 1996 or section 17 of the Education (Scotland) Act 1982.

9          

Section 29, so far as relating to age discrimination, does not apply in relation

to anything done in connection with—

(a)   

the curriculum of a school,

(b)   

admission to a school,

20

(c)   

transport to or from a school, or

(d)   

the establishment, alteration or closure of schools.

10    (1)  

Section 29, so far as relating to disability discrimination, does not require a

local authority in England or Wales exercising functions under the

Education Acts or an education authority exercising relevant functions to

25

remove or alter a physical feature.

      (2)  

Relevant functions are functions under—

(a)   

the Education (Scotland) Act 1980,

(b)   

the Education (Scotland) Act 1996,

(c)   

the Standards in Scotland’s Schools etc. Act 2000, or

30

(d)   

the Education (Additional Support for Learning) (Scotland) Act

2004.

11         

Section 29, so far as relating to religious or belief-related discrimination,

does not apply in relation to anything done in connection with—

(a)   

the curriculum of a school;

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(b)   

admission to a school which has a religious ethos;

(c)   

acts of worship or other religious observance organised by or on

behalf of a school (whether or not forming part of the curriculum);

(d)   

the responsible body of a school which has a religious ethos;

(e)   

transport to or from a school;

40

(f)   

the establishment, alteration or closure of schools.

12         

This Part of this Schedule is to be construed in accordance with Chapter 1 of

Part 6.

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 3 — Health and care

144

 

Part 3

Health and care

Blood services

13    (1)  

A person operating a blood service does not contravene section 29 only by

refusing to accept a donation of an individual’s blood if—

5

(a)   

the refusal is because of an assessment of the risk to the public, or to

the individual, based on clinical, epidemiological or other data

obtained from a source on which it is reasonable to rely, and

(b)   

the refusal is reasonable.

      (2)  

A blood service is a service for the collection and distribution of human

10

blood for the purposes of medical services.

      (3)  

“Blood” includes blood components.

Health and safety

14    (1)  

A service-provider (A) who refuses to provide the service to a pregnant

woman does not discriminate against her in contravention of section 29

15

because she is pregnant if—

(a)   

A reasonably believes that providing her with the service would,

because she is pregnant, create a risk to her health or safety,

(b)   

A refuses to provide the service to persons with other physical

conditions, and

20

(c)   

the reason for that refusal is that A reasonably believes that

providing the service to such persons would create a risk to their

health or safety.

      (2)  

A service-provider (A) who provides, or offers to provide, the service to a

pregnant woman on conditions does not discriminate against her in

25

contravention of section 29 because she is pregnant if—

(a)   

the conditions are intended to remove or reduce a risk to her health

or safety,

(b)   

A reasonably believes that the provision of the service without the

conditions would create a risk to her health or safety,

30

(c)   

A imposes conditions on the provision of the service to persons with

other physical conditions, and

(d)   

the reason for the imposition of those conditions is that A reasonably

believes that the provision of the service to such persons without

those conditions would create a risk to their health or safety.

35

Care within the family

15         

A person (A) does not contravene section 29 only by participating in

arrangements under which (whether or not for reward) A takes into A’s

home, and treats as members of A’s family, persons requiring particular care

and attention.

40

 
 

Equality Bill
Schedule 3 — Services and public functions: exceptions
Part 4 — Immigration

145

 

Part 4

Immigration

Disability

16    (1)  

This paragraph applies in relation to disability discrimination.

      (2)  

Section 29 does not apply to—

5

(a)   

a decision within sub-paragraph (3);

(b)   

anything done for the purposes of or in pursuance of a decision

within that sub-paragraph.

      (3)  

A decision is within this sub-paragraph if it is a decision (whether or not

taken in accordance with immigration rules) to do any of the following on

10

the ground that doing so is necessary for the public good—

(a)   

to refuse entry clearance;

(b)   

to refuse leave to enter or remain in the United Kingdom;

(c)   

to cancel leave to enter or remain in the United Kingdom;

(d)   

to vary leave to enter or remain in the United Kingdom;

15

(e)   

to refuse an application to vary leave to enter or remain in the United

Kingdom.

      (4)  

Section 29 does not apply to—

(a)   

a decision taken, or guidance given, by the Secretary of State in

connection with a decision within sub-paragraph (3);

20

(b)   

a decision taken in accordance with guidance given by the Secretary

of State in connection with a decision within that sub-paragraph.

Nationality and ethnic or national origins

17    (1)  

This paragraph applies in relation to race discrimination so far as relating

to—

25

(a)   

nationality, or

(b)   

ethnic or national origins.

      (2)  

Section 29 does not apply to anything done by a relevant person in the

exercise of functions exercisable by virtue of a relevant enactment.

      (3)  

A relevant person is—

30

(a)   

a Minister of the Crown acting personally, or

(b)   

a person acting in accordance with a relevant authorisation.

      (4)  

A relevant authorisation is a requirement imposed or express authorisation

given—

(a)   

with respect to a particular case or class of case, by a Minister of the

35

Crown acting personally;

(b)   

with respect to a particular class of case, by a relevant enactment or

by an instrument made under or by virtue of a relevant enactment.

      (5)  

The relevant enactments are—

(a)   

the Immigration Acts,

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(b)   

the Special Immigration Appeals Commission Act 1997,

 
 

 
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