Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 18 — Public sector equality duty: exceptions
202

      (2)
A claim that a responsible body has, because of a person’s disability,
contravened Chapter 1 of Part 6 in respect of an exclusion decision must be
made under the appeal arrangements.
      (3)
The body hearing the claim has the powers it has in relation to an appeal
under the appeal arrangements.
5
      (4)
Appeal arrangements are arrangements under—
(a)
section 52(3) of the Education Act 2002, or
(b)
an agreement between the responsible body for an Academy and the
Secretary of State under section 482 of the Education Act 1996,

enabling an appeal to be made by the person’s parent against the decision.
10
      (5)
An exclusion decision is—
(a)
a decision of a kind mentioned in 52(3) of the Education Act 2002;
(b)
a decision taken by the responsible body or on its behalf not to
reinstate a pupil who has been permanently excluded from an
Academy by its head teacher.
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      (6)
“Responsible body”, in relation to a maintained school, includes the
discipline committee of the governing body if that committee is required to
be established as a result of regulations made under section 19 of the
Education Act 2002.
      (7)
“Maintained school” has the meaning given in section 20(7) of the School
20
Standards and Framework Act 1998.
Schedule 18
Section 149

Public sector equality duty: exceptions
Children
1     (1)
Section 149, so far as relating to age, does not apply to the exercise of a
25
function relating to—
(a)
the provision of education to pupils in schools;
(b)
the provision of benefits, facilities or services to pupils in schools;
(c)
the provision of accommodation, benefits, facilities or services in
community homes pursuant to section 53(1) of the Children Act
30
1989;
(d)
the provision of accommodation, benefits, facilities or services
pursuant to arrangements under section 82(5) of that Act
(arrangements by the Secretary of State relating to the
accommodation of children);
35
(e)
the provision of accommodation, benefits, facilities or services in
residential establishments pursuant to section 26(1)(b) of the
Children (Scotland) Act 1995.
      (2)
“Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6
(schools).
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Equality Bill
Schedule 18 — Public sector equality duty: exceptions
203

Immigration
2     (1)
In relation to the exercise of immigration and nationality functions, section
149 has effect as if subsection (1)(b) did not apply to the protected
characteristics of age, race or religion or belief; but for that purpose “race”
means race so far as relating to—
5
(a)
nationality, or
(b)
ethnic or national origins.
      (2)
“Immigration and nationality functions” means functions exercisable by
virtue of—
(a)
the Immigration Acts (excluding sections 28A to 28K of the
10
Immigration Act 1971 so far as they relate to criminal offences),
(b)
the British Nationality Act 1981,
(c)
the British Nationality (Falkland Islands) Act 1983,
(d)
the British Nationality (Hong Kong) Act 1990,
(e)
the Hong Kong (War Wives and Widows) Act 1996,
15
(f)
the British Nationality (Hong Kong) Act 1997,
(g)
the Special Immigration Appeals Commission Act 1997, or
(h)
a provision made under section 2(2) of the European Communities
Act 1972, or of Community law, which relates to the subject matter
of an enactment within paragraphs (a) to (g).
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Judicial functions, etc.
3     (1)
Section 149 does not apply to the exercise of—
(a)
a judicial function;
(b)
a function exercised on behalf of, or on the instructions of, a person
exercising a judicial function.
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      (2)
The references to a judicial function include a reference to a judicial function
conferred on a person other than a court or tribunal.
Exceptions that are specific to section 149(2)
4     (1)
Section 149(2) (application of section 149(1) to persons who are not public
authorities but by whom public functions are exercisable) does not apply
30
to—
(a)
a person listed in sub-paragraph (2);
(b)
the exercise of a function listed in sub-paragraph (3).
      (2)
Those persons are—
(a)
the House of Commons;
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(b)
the House of Lords;
(c)
the Scottish Parliament;
(d)
the National Assembly for Wales;
(e)
the General Synod of the Church of England;
(f)
the Security Service;
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(g)
the Secret Intelligence Service;
(h)
the Government Communications Headquarters;

Equality Bill
Schedule 19 — Public authorities
Part 1 — Public authorities: general
204

(i)
a part of the armed forces which is, in accordance with a requirement
of the Secretary of State, assisting the Government Communications
Headquarters.
      (3)
Those functions are—
(a)
a function in connection with proceedings in the House of Commons
5
or the House of Lords;
(b)
a function in connection with proceedings in the Scottish Parliament
(other than a function of the Scottish Parliamentary Corporate Body);
(c)
a function in connection with proceedings in the National Assembly
for Wales (other than a function of the Assembly Commission).
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Power to amend Schedule
5     (1)
A Minister of the Crown may by order amend this Schedule so as to add,
vary or omit an exception to section 149.
      (2)
But provision by virtue of sub-paragraph (1) may not amend this Schedule—
(a)
so as to omit an exception in paragraph 3;
15
(b)
so as to omit an exception in paragraph 4(1) so far as applying for the
purposes of paragraph 4(2)(a) to (e) or (3);
(c)
so as to reduce the extent to which an exception referred to in
paragraph (a) or (b) applies.
Schedule 19
20
Section 150

Public authorities
Part 1
Public authorities: general
Ministers of the Crown and government departments
A Minister of the Crown.
25
A government department other than the Security Service, the Secret
Intelligence Service or the Government Communications
Headquarters.
Armed forces
Any of the armed forces other than any part of the armed forces which is,
30
in accordance with a requirement of the Secretary of State, assisting the
Government Communications Headquarters.
National Health Service
A Strategic Health Authority established under section 13 of the National
Health Service Act 2006, or continued in existence by virtue of that
35
section.
A Primary Care Trust established under section 18 of that Act, or
continued in existence by virtue of that section.

Equality Bill
Schedule 19 — Public authorities
Part 1 — Public authorities: general
205

An NHS trust established under section 25 of that Act.
A Special Health Authority established under section 28 of that Act other
than NHS Blood and Transplant and the NHS Business Services
Authority.
An NHS foundation trust within the meaning given by section 30 of that
5
Act.
Local government
A county council, district council or parish council in England.
A parish meeting constituted under section 13 of the Local Government
Act 1972.
10
Charter trustees constituted under section 246 of that Act for an area in
England.
The Greater London Authority.
A London borough council.
The Common Council of the City of London in its capacity as a local
15
authority or port health authority.
The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the
Middle Temple, in that person’s capacity as a local authority.
The London Development Agency.
The London Fire and Emergency Planning Authority.
20
Transport for London.
The Council of the Isles of Scilly.
The Broads Authority established by section 1 of the Norfolk and Suffolk
Broads Act 1988.
A regional development agency established by the Regional
25
Development Agencies Act 1998 (other than the London Development
Agency).
A fire and rescue authority constituted by a scheme under section 2 of the
Fire and Rescue Services Act 2004, or a scheme to which section 4 of that
Act applies, for an area in England.
30
An internal drainage board which is continued in being by virtue of
section 1 of the Land Drainage Act 1991 for an area in England.
A National Park authority established by an order under section 63 of the
Environment Act 1995 for an area in England.
A Passenger Transport Executive for an integrated transport area in
35
England (within the meaning of Part 2 of the Transport Act 1968).
A port health authority constituted by an order under section 2 of the
Public Health (Control of Disease) Act 1984 for an area in England.
A waste disposal authority established by virtue of an order under section
10(1) of the Local Government Act 1985.
40
A joint authority established under Part 4 of that Act for an area in
England (including, by virtue of section 77(9) of the Local Transport Act
2008, an Integrated Transport Authority established under Part 5 of
that Act of 2008).
A body corporate established pursuant to an order under section 67 of the
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Local Government Act 1985.
A joint committee constituted in accordance with section 102(1)(b) of the
Local Government Act 1972 for an area in England.

Equality Bill
Schedule 19 — Public authorities
Part 2 — Public authorities: relevant Welsh authorities
206

A joint board which is continued in being by virtue of section 263(1) of
that Act for an area in England.
Other educational bodies
The governing body of an educational establishment maintained by an
English local authority (within the meaning of section 162 of the
5
Education and Inspections Act 2006).
The governing body of an institution in England within the further
education sector (within the meaning of section 91(3) of the Further and
Higher Education Act 1992).
The governing body of an institution in England within the higher
10
education sector (within the meaning of section 91(5) of that Act).
Police
A police authority established under section 3 of the Police Act 1996.
The Metropolitan Police Authority established under section 5B of that
Act.
15
The Common Council of the City of London in its capacity as a police
authority.
Part 2
Public authorities: relevant Welsh authorities
Welsh Assembly Government, etc.
20
The Welsh Ministers.
The First Minister for Wales.
The Counsel General to the Welsh Assembly Government.
A subsidiary of the Welsh Ministers (within the meaning given by section
134(4) of the Government of Wales Act 2006).
25
National Health Service
A Local Health Board established under section 11 of the National Health
Service (Wales) Act 2006.
An NHS trust established under section 18 of that Act.
A Special Health Authority established under section 22 of that Act other
30
than NHS Blood and Transplant and the NHS Business Services
Authority.
A Community Health Council in Wales.
Local government
A county council, county borough council or community council in
35
Wales.
Charter trustees constituted under section 246 of the Local Government
Act 1972 for an area in Wales.
A fire and rescue authority constituted by a scheme under section 2 of the
Fire and Rescue Services Act 2004, or a scheme to which section 4 of that
40
Act applies, for an area in Wales.

Equality Bill
Schedule 19 — Public authorities
Part 3 — Public authorities: relevant Scottish authorities
207

An internal drainage board which is continued in being by virtue of
section 1 of the Land Drainage Act 1991 for an area in Wales.
A National Park authority established by an order under section 63 of the
Environment Act 1995 for an area in Wales.
A port health authority constituted by an order under section 2 of the
5
Public Health (Control of Disease) Act 1984 for an area in Wales.
A joint authority established under Part 4 of the Local Government Act
1985 for an area in Wales.
A joint committee constituted in accordance with section 102(1)(b) of the
Local Government Act 1972 for an area in Wales.
10
A joint board which is continued in being by virtue of section 263(1) of
that Act for an area in Wales.
Other educational bodies
The governing body of an educational establishment maintained by a
Welsh local authority (within the meaning of section 162 of the
15
Education and Inspections Act 2006).
The governing body of an institution in Wales within the further
education sector (within the meaning of section 91(3) of the Further and
Higher Education Act 1992).
The governing body of an institution in Wales within the higher
20
education sector (within the meaning of section 91(5) of that Act).
Part 3
Public authorities: relevant Scottish authorities
Scottish Administration
An office-holder in the Scottish Administration (within the meaning
25
given by section 126(7)(a) of the Scotland Act 1998).
National Health Service
A Health Board constituted under section 2 of the National Health Service
(Scotland) Act 1978.
A Special Health Board constituted under that section.
30
Local government
A council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994.
A community council established under section 51 of the Local
Government (Scotland) Act 1973.
35
A joint board within the meaning of section 235(1) of that Act.
A joint fire and rescue board constituted by a scheme under section 2(1)
of the Fire (Scotland) Act 2005.
A licensing board established under section 5 of the Licensing (Scotland)
Act 2005, or continued in being by virtue of that section.
40
A National Park authority established by a designation order made under
section 6 of the National Parks (Scotland) Act 2000.

Equality Bill
Schedule 20 — Rail vehicle accessibility: compliance
208

Scottish Enterprise and Highlands and Islands Enterprise, established
under the Enterprise and New Towns (Scotland) Act 1990.
Other educational bodies
An education authority in Scotland (within the meaning of section 135(1)
of the Education (Scotland) Act 1980).
5
The managers of a grant-aided school (within the meaning of that
section).
The board of management of a college of further education (within the
meaning of section 36(1) of the Further and Higher Education
(Scotland) Act 1992).
10
In the case of such a college of further education not under the
management of a board of management, the board of governors of the
college or any person responsible for the management of the college,
whether or not formally constituted as a governing body or board of
governors.
15
The governing body of an institution within the higher education sector
(within the meaning of Part 2 of the Further and Higher Education
(Scotland) Act 1992).
Police
A police authority established under section 2 of the Police (Scotland) Act
20
1967.
Schedule 20
Section 186

Rail vehicle accessibility: compliance
Rail vehicle accessibility compliance certificates
1     (1)
A regulated rail vehicle which is prescribed, or is of a prescribed class or
25
description, must not be used for carriage unless a compliance certificate is
in force for the vehicle.
      (2)
A “compliance certificate” is a certificate that the Secretary of State is
satisfied that the regulated rail vehicle conforms with the provisions of rail
vehicle accessibility regulations with which it is required to conform.
30
      (3)
A compliance certificate is subject to such conditions as are specified in it.
      (4)
A compliance certificate may not be issued for a rail vehicle unless the
Secretary of State has been provided with a report of a compliance
assessment of the vehicle.
      (5)
A “compliance assessment” is an assessment of a rail vehicle against
35
provisions of rail vehicle accessibility regulations with which the vehicle is
required to conform.
      (6)
If a regulated rail vehicle is used for carriage in contravention of sub-
paragraph (1), the Secretary of State may require the operator of the vehicle
to pay a penalty.
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