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Equality Bill


Equality Bill
Schedule 25 — Information society services

227

 

Schedule 25

Section 206

 

Information society services

Service providers

1     (1)  

This paragraph applies where a person concerned with the provision of an

information society service (an “information society service provider”) is

5

established in Great Britain.

      (2)  

This Act applies to anything done by the person in an EEA state (other than

the United Kingdom) in providing the service as this Act would apply if the

act in question were done by the person in Great Britain.

2     (1)  

This paragraph applies where an information society service provider is

10

established in an EEA state (other than the United Kingdom).

      (2)  

This Act does not apply to anything done by the person in providing the

service.

Exceptions for mere conduits

3     (1)  

An information society service provider does not contravene this Act only

15

by providing so much of an information society service as consists in—

(a)   

the provision of access to a communication network, or

(b)   

the transmission in a communication network of information

provided by the recipient of the service.

      (2)  

But sub-paragraph (1) applies only if the service provider does not—

20

(a)   

initiate the transmission,

(b)   

select the recipient of the transmission, or

(c)   

select or modify the information contained in the transmission.

      (3)  

For the purposes of sub-paragraph (1), the provision of access to a

communication network, and the transmission of information in a

25

communication network, includes the automatic, intermediate and transient

storage of the information transmitted so far as the storage is solely for the

purpose of carrying out the transmission in the network.

      (4)  

Sub-paragraph (3) does not apply if the information is stored for longer than

is reasonably necessary for the transmission.

30

Exception for caching

4     (1)  

This paragraph applies where an information society service consists in the

transmission in a communication network of information provided by a

recipient of the service.

      (2)  

The information society service provider does not contravene this Act only

35

by doing anything in connection with the automatic, intermediate and

temporary storage of information so provided if—

(a)   

the storage of the information is solely for the purpose of making

more efficient the onward transmission of the information to other

recipients of the service at their request, and

40

(b)   

the condition in sub-paragraph (3) is satisfied.

      (3)  

The condition is that the service-provider—

 
 

Equality Bill
Schedule 25 — Information society services

228

 

(a)   

does not modify the information,

(b)   

complies with such conditions as are attached to having access to the

information, and

(c)   

(where sub-paragraph (4) applies) expeditiously removes the

information or disables access to it.

5

      (4)  

This sub-paragraph applies if the service-provider obtains actual knowledge

that—

(a)   

the information at the initial source of the transmission has been

removed from the network,

(b)   

access to it has been disabled, or

10

(c)   

a court or administrative authority has required the removal from

the network of, or the disablement of access to, the information.

Exception for hosting

5     (1)  

An information society service provider does not contravene this Act only

by doing anything in providing so much of an information society service as

15

consists in the storage of information provided by a recipient of the service,

if—

(a)   

the service provider had no actual knowledge when the information

was provided that its provision amounted to a contravention of this

Act, or

20

(b)   

on obtaining actual knowledge that the provision of the information

amounted to a contravention of that section, the service provider

expeditiously removed the information or disabled access to it.

      (2)  

Sub-paragraph (1) does not apply if the recipient of the service is acting

under the authority of the control of the service provider.

25

Monitoring obligations

6          

An injunction or interdict under Part 1 of the Equality Act 2006 may not

impose on a person concerned with the provision of a service of a

description given in paragraph 3(1), 4(1) or 5(1)—

(a)   

a liability the imposition of which would contravene Article 12, 13 or

30

14 of the E-Commerce Directive;

(b)   

a general obligation of the description given in Article 15 of that

Directive.

Interpretation

7     (1)  

This paragraph applies for the purposes of this Schedule.

35

      (2)  

“Information society service”—

(a)   

has the meaning given in Article 2(a) of the E-Commerce Directive

(which refers to Article 1(2) of Directive 98/34/EC of the European

Parliament and of the Council of 22 June 1998 laying down a

procedure for the provision of information in the field of technical

40

standards and regulations), and

(b)   

is summarised in recital 17 of the E-Commerce Directive as covering

“any service normally provided for remuneration, at a distance, by

means of electronic equipment for the processing (including digital

 
 

Equality Bill
Schedule 26 — Amendments

229

 

compression) and storage of data, and at the individual request of a

recipient of a service”.

      (3)  

“The E-Commerce Directive” means Directive 2000/31/EC of the European

Parliament and of the Council of 8 June 2000 on certain legal aspects of

information society services, in particular electronic commerce, in the

5

Internal Market (Directive on electronic commerce).

      (4)  

“Recipient” means a person who (whether for professional purposes or not)

uses an information society service, in particular for seeking information or

making it accessible.

      (5)  

An information society service-provider is “established” in a country or

10

territory if the service-provider—

(a)   

effectively pursues an economic activity using a fixed establishment

in that country or territory for an indefinite period, and

(b)   

is a national of an EEA state or a body mentioned in Article 48 of the

EEC treaty.

15

      (6)  

The presence or use in a particular place of equipment or other technical

means of providing an information society service is not itself sufficient to

constitute the establishment of a service-provider.

      (7)  

Where it cannot be decided from which of a number of establishments an

information society service is provided, the service is to be regarded as

20

provided from the establishment at the centre of the information society

service provider’s activities relating to that service.

      (8)  

Section 212(4) does not apply to references to providing a service.

Schedule 26

Section 211

 

Amendments

25

Local Government Act 1988

1          

Part 2 of the Local Government Act 1988 (public supply or works contracts)

is amended as follows.

2          

In section 17 (local and other public authority contracts: exclusion of non-

commercial considerations)—

30

(a)   

omit subsection (9), and

(b)   

after that subsection insert—

“(10)   

This section does not prevent a public authority to which it

applies from exercising any function regulated by this section

with reference to a non-commercial matter to the extent that

35

the authority considers it necessary or expedient to do so to

enable or facilitate compliance with—

(a)   

the duty imposed on it by section 149 of the Equality

Act 2010 (public sector equality duty), or

(b)   

any duty imposed on it by regulations under section

40

153 or 154 of that Act (powers to impose specific

duties).”

 
 

Equality Bill
Schedule 26 — Amendments

230

 

3          

Omit section 18 (exceptions to section 17 relating to race relations matters).

4          

In section 19 (provisions supplementary to or consequential on section 17)

omit subsection (10).

Employment Act 1989

5     (1)  

Section 12 of the Employment Act 1989 (Sikhs: requirements as to safety

5

helmets) is amended as follows.

      (2)  

In subsection (1), for “requirement or condition”, in the first three places,

substitute “provision, criterion or practice”.

      (3)  

In that subsection, for the words from “section 1(1)(b)” to the end substitute

“section 19 of the Equality Act 2010 (indirect discrimination), the provision,

10

criterion or practice is to be taken as one in relation to which the condition

in subsection (2)(d) of that section (proportionate means of achieving a

legitimate aim) is satisfied”.

      (4)  

In subsection (2), for the words from “the Race Relations Act” to the end

substitute “section 13 of the Equality Act 2010 as giving rise to

15

discrimination against any other person”.

Equality Act 2006

6          

The Equality Act 2006 is amended as follows.

7     (1)  

Section 8 (equality and diversity) is amended as follows.

      (2)  

In subsection (1)—

20

(a)   

in paragraph (d) for “equality enactments” substitute “Equality Act

2010”, and

(b)   

in paragraph (e) for “the equality enactments” substitute “that Act”.

      (3)  

In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute

“Equality Act 2010”.

25

8          

In section 10(2) (meaning of group) for paragraph (d) substitute—

“(d)   

gender reassignment (within the meaning of section 7 of the

Equality Act 2010),”.

9          

For section 11(3)(c) (interpretation) substitute—

“(c)   

a reference to the equality and human rights enactments is a

30

reference to the Human Rights Act 1998, this Act and the

Equality Act 2010.”

10    (1)  

Section 14 (codes of practice) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Commission may issue a code of practice in connection with any

35

matter addressed by the Equality Act 2010.”

      (3)  

In subsection (2)(a) for “a provision or enactment listed in subsection (1)”

substitute “the Equality Act 2010 or an enactment made under that Act”.

      (4)  

In subsection (3)—

 
 

Equality Bill
Schedule 26 — Amendments

231

 

(a)   

in paragraph (a) for “section 49G(7) of the Disability Discrimination

Act 1995 (c. 50)” substitute “section 190(7) of the Equality Act 2010”,

and

(b)   

for paragraph (c)(iv) substitute—

“(iv)   

section 190 of the Equality Act 2010.”

5

      (5)  

In subsection (5)(a) for “listed in subsection (1)” substitute “a matter

addressed by the Equality Act 2010”.

      (6)  

In subsection (9) for “section 76A” to “duties)” substitute “section 149, 153 or

154 of the Equality Act 2010 (public sector equality duty)”.

11         

In section 16(4) (inquiries: matters which the Commission may consider and

10

report on) for “equality enactments” substitute “Equality Act 2010”.

12         

In section 21(2)(b) (unlawful act notice: specification of legislative provision)

for “equality enactments” substitute “Equality Act 2010”.

13         

After section 24 insert—

“24A    

Enforcement powers: supplemental

15

(1)   

This section has effect in relation to—

(a)   

an act which is unlawful because, by virtue of any of sections

13 to 18 of the Equality Act 2010, it amounts to a

contravention of any of Parts 3, 4, 5, 6 or 7 of that Act,

(b)   

an act which is unlawful because it amounts to a

20

contravention of section 60(1) of that Act (or to a

contravention of section 111 or 112 of that Act that relates to

a contravention of section 60(1) of that Act) (enquiries about

disability and health),

(c)   

an act which is unlawful because it amounts to a

25

contravention of section 106 of that Act (information about

diversity in range of candidates etc.),

(d)   

an act which is unlawful because, by virtue of section 108(1)

of that Act, it amounts to a contravention of any of Parts 3, 4,

5, 6 or 7 of that Act, or

30

(e)   

the application of a provision, criterion or practice which, by

virtue of section 19 of that Act, amounts to a contravention of

that Act.

(2)   

For the purposes of sections 20 to 24 of this Act it is immaterial

whether the Commission knows or suspects that a person has been

35

or may be affected by the unlawful act or application.

(3)   

For those purposes, an unlawful act includes making arrangements

to act in a particular way which would, if applied to an individual,

amount to a contravention mentioned in subsection (1)(a).

(4)   

Nothing in this Act affects the entitlement of a person to bring

40

proceedings under the Equality Act 2010 in respect of a

contravention mentioned in subsection (1).”

14         

Omit section 25 (restraint of unlawful advertising etc.).

15         

Omit section 26 (supplemental).

16    (1)  

Section 27 (conciliation) is amended as follows.

45

 
 

Equality Bill
Schedule 26 — Amendments

232

 

      (2)  

For subsection (1) (disputes in relation to which the Commission may make

arrangements for the provision of conciliation services) substitute—

“(1)   

The Commission may make arrangements for the provision of

conciliation services for disputes in respect of which proceedings

have been or could be determined by virtue of section 114 of the

5

Equality Act 2010.”

17    (1)  

Section 28 (legal assistance) is amended as follows.

      (2)  

In subsection (1)—

(a)   

in paragraph (a) for “equality enactments” substitute “Equality Act

2010”, and

10

(b)   

in paragraph (b) for “the equality enactments” substitute “that Act”.

      (3)  

In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50)

(public” substitute “Part 12 of the Equality Act 2010 (disabled persons:”.

      (4)  

In subsection (6)—

(a)   

for “the equality enactments”, on the first occasion it appears,

15

substitute “the Equality Act 2010”, and

(b)   

for “the equality enactments”, on each other occasion it appears,

substitute “that Act”.

      (5)  

In subsection (7)—

(a)   

in paragraph (a) for “equality enactments” substitute “Equality Act

20

2010”, and

(b)   

in paragraph (b) for “the equality enactments” substitute “that Act”.

      (6)  

In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)”

substitute “Part 12 of the Equality Act 2010”.

      (7)  

In subsection (9) for “equality enactments” substitute “Equality Act 2010”.

25

      (8)  

In subsection (12)—

(a)   

for “A reference in” to “includes a reference” substitute “This section

applies”, and

(b)   

after paragraph (b) add “as it applies to the Equality Act 2010.”

18         

For section 31(1) (duties in respect of which Commission may assess

30

compliance) substitute—

“(1)   

The Commission may assess the extent to which or the manner in

which a person has complied with a duty under or by virtue of

section 149, 153 or 154 of the Equality Act 2010 (public sector equality

duty).”

35

19    (1)  

Section 32 (public sector duties: compliance notice) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

This section applies where the Commission thinks that a person has

failed to comply with a duty under or by virtue of section 149, 153 or

154 of the Equality Act 2010 (public sector equality duty).”

40

      (3)  

In subsection (4) for “section 76A” to “Disability Discrimination Act 1995”

substitute “section 149 of the Equality Act 2010”.

 
 

Equality Bill
Schedule 26 — Amendments

233

 

      (4)  

In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995

(c. 50)” substitute “section 149 of the Equality Act 2010”.

      (5)  

In subsection (9)(b) for “in any other case” substitute “where the notice

related to a duty by virtue of section 153 or 154 of that Act”.

      (6)  

In subsection (11) for “section 76B” to “Disability Discrimination Act 1995”

5

substitute “section 153 or 154 of the Equality Act 2010”.

20         

Omit section 33 (equality and human rights enactments).

21    (1)  

Section 34 (meaning of unlawful) is amended as follows.

      (2)  

In subsection (1) for “equality enactments” substitute “Equality Act 2010”.

      (3)  

In subsection (2)—

10

(a)   

after “virtue of” insert “any of the following provisions of the

Equality Act 2010”, and

(b)   

for paragraphs (a) to (c) substitute—

“(a)   

section 1 (public sector duty regarding socio-economic

inequalities),

15

(b)   

section 149, 153 or 154 (public sector equality duty),

(c)   

Part 12 (disabled persons: transport), or

(d)   

section 190 (disability: improvements to let houses).”

22    (1)  

Section 35 (general: definitions) is amended as follows.

      (2)  

In the definition of “religion or belief”, for “Part 2 (as defined by section 44)”

20

substitute “section 10 of the Equality Act 2010”.

      (3)  

For the definition of “sexual orientation” substitute—

““sexual orientation” has the same meaning as in section 12 of

the Equality Act 2010.”

23         

In section 39(4) (orders subject to affirmative resolution procedure) for “,

25

27(10) or 33(3)” substitute “or 27(10)”.

24         

Omit section 43 (transitional: rented housing in Scotland).

25         

Omit Part 2 (discrimination on grounds of religion or belief).

26         

Omit section 81 (regulations).

27         

Omit Part 4 (public functions).

30

28         

In section 94(3) (extent: Northern Ireland)—

(a)   

omit “and 41 to 56”, and

(b)   

omit “and the Disability Discrimination Act 1995 (c. 50)”.

29    (1)  

Schedule 1 (The Commission: constitution, etc.) is amended as follows.

      (2)  

In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability

35

Discrimination Act 1995 (c. 50)” substitute “Parts 2, 3, 4, 6, 7, 12 and 13 of the

Equality Act 2010, in so far as they relate to disability”.

      (3)  

In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)”

substitute “Part 5 of the Equality Act 2010”.

      (4)  

In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995”

40

substitute “Part 5 of the Equality Act 2010”.

 
 

 
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