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Equality Bill


Equality Bill
Schedule 23 — General exceptions

222

 

Schedule 23

Section 196

 

General exceptions

Acts authorised by statute or the executive

1     (1)  

This paragraph applies to anything done—

(a)   

in pursuance of an enactment;

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(b)   

in pursuance of an instrument made by a member of the executive

under an enactment;

(c)   

to comply with a requirement imposed (whether before or after the

passing of this Act) by a member of the executive by virtue of an

enactment;

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(d)   

in pursuance of arrangements made (whether before or after the

passing of this Act) by or with the approval of, or for the time being

approved by, a Minister of the Crown;

(e)   

to comply with a condition imposed (whether before or after the

passing of this Act) by a Minister of the Crown.

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      (2)  

A person does not contravene Part 3, 4, 5 or 6 by doing anything to which

this paragraph applies which discriminates against another because of the

other’s nationality.

      (3)  

A person (A) does not contravene Part 3, 4, 5 or 6 if, by doing anything to

which this paragraph applies, A discriminates against another (B) by

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applying to B a provision, criterion or practice which relates to—

(a)   

B’s place of ordinary residence;

(b)   

the length of time B has been present or resident in or outside the

United Kingdom or an area within it.

Organisations relating to religion or belief

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2     (1)  

This paragraph applies to an organisation the purpose of which is—

(a)   

to practise a religion or belief,

(b)   

to advance a religion or belief,

(c)   

to teach the practice or principles of a religion or belief,

(d)   

to enable persons of a religion or belief to receive any benefit, or to

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engage in any activity, within the framework of that religion or

belief, or

(e)   

to foster or maintain good relations between persons of different

religions or beliefs.

      (2)  

This paragraph does not apply to an organisation whose sole or main

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purpose is commercial.

      (3)  

The organisation does not contravene Part 3, 4 or 7, so far as relating to

religion or belief or sexual orientation, only by restricting—

(a)   

membership of the organisation;

(b)   

participation in activities undertaken by the organisation or on its

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behalf or under its auspices;

(c)   

the provision of goods, facilities or services in the course of activities

undertaken by the organisation or on its behalf or under its auspices;

(d)   

the use or disposal of premises owned or controlled by the

organisation.

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Equality Bill
Schedule 23 — General exceptions

223

 

      (4)  

A person does not contravene Part 3, 4 or 7, so far as relating to religion or

belief or sexual orientation, only by doing anything mentioned in sub-

paragraph (3) on behalf of or under the auspices of the organisation.

      (5)  

A minister does not contravene Part 3, 4 or 7, so far as relating to religion or

belief or sexual orientation, only by restricting—

5

(a)   

participation in activities carried on in the performance of the

minister’s functions in connection with or in respect of the

organisation;

(b)   

the provision of goods, facilities or services in the course of activities

carried on in the performance of the minister’s functions in

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connection with or in respect of the organisation.

      (6)  

Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief

only if it is imposed—

(a)   

because of the purpose of the organisation, or

(b)   

to avoid causing offence, on grounds of the religion or belief to which

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the organisation relates, to persons of that religion or belief.

      (7)  

Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation

only if it is imposed—

(a)   

because it is necessary to comply with the doctrine of the

organisation, or

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(b)   

to avoid conflict with strongly held convictions within sub-

paragraph (9).

      (8)  

In sub-paragraph (5), the reference to a minister is a reference to a minister

of religion, or other person, who—

(a)   

performs functions in connection with a religion or belief to which

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the organisation relates, and

(b)   

holds an office or appointment in, or is accredited, approved or

recognised for the purposes of the organisation.

      (9)  

The strongly held convictions are—

(a)   

in the case of a religion, the strongly held religious convictions of a

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significant number of the religion’s followers;

(b)   

in the case of a belief, the strongly held convictions relating to the

belief of a significant number of the belief’s followers.

     (10)  

This paragraph does not permit anything which is prohibited by section 29,

so far as relating to sexual orientation, if it is done—

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(a)   

on behalf of a public authority, and

(b)   

under the terms of a contract between the organisation and the

public authority.

     (11)  

In the application of this paragraph in relation to sexual orientation, sub-

paragraph (1)(e) must be ignored.

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     (12)  

In the application of this paragraph in relation to sexual orientation, in sub-

paragraph (3)(d), “disposal” does not include disposal of an interest in

premises by way of sale if the interest being disposed of is—

(a)   

the entirety of the organisation’s interest in the premises, or

(b)   

the entirety of the interest in respect of which the organisation has

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power of disposal.

     (13)  

In this paragraph—

 
 

Equality Bill
Schedule 23 — General exceptions

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(a)   

“disposal” is to be construed in accordance with section 38;

(b)   

“public authority” has the meaning given in section 150(1).

Communal accommodation

3     (1)  

A person does not contravene this Act, so far as relating to sex

discrimination or gender reassignment discrimination, only because of

5

anything done in relation to—

(a)   

the admission of persons to communal accommodation;

(b)   

the provision of a benefit, facility or service linked to the

accommodation.

      (2)  

Sub-paragraph (1)(a) does not apply unless the accommodation is managed

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in a way which is as fair as possible to both men and women.

      (3)  

In applying sub-paragraph (1)(a), account must be taken of—

(a)   

whether and how far it is reasonable to expect that the

accommodation should be altered or extended or that further

accommodation should be provided, and

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(b)   

the frequency of the demand or need for use of the accommodation

by persons of one sex as compared with those of the other.

      (4)  

In applying sub-paragraph (1)(a) in relation to gender reassignment,

account must also be taken of whether and how far the conduct in question

is a proportionate means of achieving a legitimate aim.

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      (5)  

Communal accommodation is residential accommodation which includes

dormitories or other shared sleeping accommodation which for reasons of

privacy should be used only by persons of the same sex.

      (6)  

Communal accommodation may include—

(a)   

shared sleeping accommodation for men and for women;

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(b)   

ordinary sleeping accommodation;

(c)   

residential accommodation all or part of which should be used only

by persons of the same sex because of the nature of the sanitary

facilities serving the accommodation.

      (7)  

A benefit, facility or service is linked to communal accommodation if—

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(a)   

it cannot properly and effectively be provided except for those using

the accommodation, and

(b)   

a person could be refused use of the accommodation in reliance on

sub-paragraph (1)(a).

      (8)  

This paragraph does not apply for the purposes of Part 5 unless such

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arrangements as are reasonably practicable are made to compensate for—

(a)   

in a case where sub-paragraph (1)(a) applies, the refusal of use of the

accommodation;

(b)   

in a case where sub-paragraph (1)(b) applies, the refusal of provision

of the benefit, facility or service.

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Training provided to non-EEA residents, etc.

4     (1)  

A person (A) does not contravene this Act, so far as relating to nationality,

only by providing a non-resident (B) with training, if A thinks that B does

not intend to exercise in Great Britain skills B obtains as a result.

 
 

Equality Bill
Schedule 24 — Harmonisation: exceptions

225

 

      (2)  

A non-resident is a person who is not ordinarily resident in an EEA state.

      (3)  

The reference to providing B with training is—

(a)   

if A employs B in relevant employment, a reference to doing

anything in or in connection with the employment;

(b)   

if A as a principal allows B to do relevant contract work, a reference

5

to doing anything in or in connection with allowing B to do the work;

(c)   

in a case within paragraph (a) or (b) or any other case, a reference to

affording B access to facilities for education or training or ancillary

benefits.

      (4)  

Employment or contract work is relevant if its sole or main purpose is the

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provision of training in skills.

      (5)  

In the case of training provided by the armed forces or Secretary of State for

purposes relating to defence, sub-paragraph (1) has effect as if—

(a)   

the reference in sub-paragraph (2) to an EEA state were a reference

to Great Britain, and

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(b)   

in sub-paragraph (4), for “its sole or main purpose is” there were

substituted “it is for purposes including”.

      (6)  

“Contract work” and “principal” each have the meaning given in section 41.

Schedule 24

Section 203

 

Harmonisation: exceptions

20

 

Part 1 (public sector duty regarding socio-economic

 
 

inequalities)

 
 

Chapter 2 of Part 5 (occupational pensions)

 
 

Section 78 (gender pay gap)

 
 

Section 106 (election candidates: diversity information)

 

25

 

Chapters 1 to 3 of Part 9 (enforcement) and Chapter 5 of that

 
 

Part (except section 136)

 
 

Sections 142 and 146 (unenforceable terms, declaration in

 
 

respect of void terms)

 
 

Chapter 1 of Part 11 (public sector duty)

 

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Part 12 (disabled persons: transport)

 
 

Part 13 (disability: miscellaneous)

 
 

Section 197 (power to specify age exceptions)

 
 

Part 15 (family property)

 
 

Part 16 (general and miscellaneous)

 

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Schedule 1 (disability: supplementary provision)

 
 
 

Equality Bill
Schedule 24 — Harmonisation: exceptions

226

 
 

In Schedule 3 (services and public functions: exceptions)—

 
 

(a)   

in Part 3 (health and care), paragraphs 13 and 14;

 
 

(b)   

Part 4 (immigration);

 
 

(c)   

Part 5 (insurance);

 
 

(d)   

Part 6 (marriage);

 

5

 

(e)   

Part 7 (separate and single services), except paragraph

 
 

30;

 
 

(f)   

Part 8 (television, radio and on-line broadcasting and

 
 

distribution);

 
 

(g)   

Part 9 (transport);

 

10

 

(h)   

Part 10 (supplementary)

 
 

Schedule 4 (premises: reasonable adjustments)

 
 

Schedule 5 (premises: exceptions), except paragraph 1

 
 

Schedule 6 (office-holders: excluded offices), except so far as

 
 

relating to colour or nationality or marriage and civil

 

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partnership

 
 

Schedule 8 (work: reasonable adjustments)

 
 

In Schedule 9 (work: exceptions)—

 
 

(a)   

Part 1 (general), except so far as relating to colour or

 
 

nationality;

 

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(b)   

Part 2 (exceptions relating to age);

 
 

(c)   

Part 3 (other exceptions), except paragraph 19 so far as

 
 

relating to colour or nationality

 
 

Schedule 10 (education: accessibility for disabled pupils)

 
 

Schedule 13 (education: reasonable adjustments), except

 

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paragraphs 2, 5, 6 and 9

 
 

Schedule 17 (education: disabled pupils: enforcement)

 
 

Schedule 18 (public sector equality duty: exceptions)

 
 

Schedule 19 (list of public authorities)

 
 

Schedule 20 (rail vehicle accessibility: compliance)

 

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Schedule 21 (reasonable adjustments: supplementary)

 
 

In Schedule 22 (exceptions: statutory provisions), paragraphs 2

 
 

and 5

 
 

Schedule 23 (general exceptions), except paragraph 2

 
 

Schedule 25 (information society services)

 

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