Equality Bill

House of Lords

Session 2009 - 10
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Other Bills before Parliament

Equality Bill

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
98

(6)
On the first exercise of the power under subsection (5) to add an entry relating
to a cross-border Welsh or Scottish authority to Schedule 19, a Minister of the
Crown must—
(a)
add a Part 4 to the Schedule for cross-border authorities, and
(b)
add the cross-border Welsh or Scottish authority to that Part.
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(7)
Any subsequent exercise of the power under subsection (5) to add an entry
relating to a cross-border Welsh or Scottish authority to Schedule 19 must add
that entry to Part 4 of the Schedule.
(8)
An order may not be made under this section so as to extend the application of
section 149 unless the person making it considers that the extension relates to
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a person by whom a public function is exercisable.
(9)
An order may not be made under this section so as to extend the application of
section 149 to—
(a)
the exercise of a function referred to in paragraph 3 of Schedule 18
(judicial functions, etc);
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(b)
a person listed in paragraph 4(2)(a) to (e) of that Schedule (Parliament,
devolved legislatures and General Synod);
(c)
the exercise of a function listed in paragraph 4(3) of that Schedule
(proceedings in Parliament or devolved legislatures).
152
Power to specify public authorities: consultation and consent
20
(1)
Before making an order under a provision specified in the first column of the
Table, a Minister of the Crown must consult the person or persons specified in
the second column.

Provision
Consultees

Section 151(1)
The Commission

25

Section 151(1), so far as relating to a
The Welsh Ministers

relevant Welsh authority

Section 151(1), so far as relating to a
The Scottish Ministers

relevant Scottish authority

Section 151(5)
The Commission

30

Section 151(5), so far as relating to a
The Welsh Ministers

cross-border Welsh authority

Section 151(5), so far as relating to a
The Scottish Ministers

cross-border Scottish authority

(2)
Before making an order under section 151(2), the Welsh Ministers must—
35
(a)
obtain the consent of a Minister of the Crown, and
(b)
consult the Commission.
(3)
Before making an order under section 151(3), the Scottish Ministers must—
(a)
obtain the consent of a Minister of the Crown, and
(b)
consult the Commission.
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Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
99

153
Power to impose specific duties
(1)
A Minister of the Crown may by regulations impose duties on a public
authority specified in Part 1 of Schedule 19 for the purpose of enabling the
better performance by the authority of the duty imposed by section 149(1).
(2)
The Welsh Ministers may by regulations impose duties on a public authority
5
specified in Part 2 of Schedule 19 for that purpose.
(3)
The Scottish Ministers may by regulations impose duties on a public authority
specified in Part 3 of Schedule 19 for that purpose.
(4)
Before making regulations under this section, the person making them must
consult the Commission.
10
154
Power to impose specific duties: cross-border authorities
(1)
If a Minister of the Crown exercises the power in section 151(5) to add an entry
for a public authority to Part 4 of Schedule 19, the Minister must include after
the entry a letter specified in the first column of the Table in subsection (3).
(2)
Where a letter specified in the first column of the Table in subsection (3) is
15
included after an entry for a public authority in Part 4 of Schedule 19, the
person specified in the second column of the Table—
(a)
may by regulations impose duties on the authority for the purpose of
enabling the better performance by the authority of the duty imposed
by section 149(1), subject to such limitations as are specified in that
20
column;
(b)
must in making the regulations comply with the procedural
requirement specified in that column.
(3)
This is the Table—

Letter
Person by whom regulations may be made and procedural

25

requirements

A
Regulations may be made by a Minister of the Crown in

relation to the authority’s functions that are not

devolved Welsh functions.

The Minister of the Crown must consult the Welsh

30

Ministers before making the regulations.

Regulations may be made by the Welsh Ministers in

relation to the authority’s devolved Welsh functions.

The Welsh Ministers must consult a Minister of the

Crown before making the regulations.

35

B
Regulations may be made by a Minister of the Crown in

relation to the authority’s functions that are not

devolved Scottish functions.

The Minister of the Crown must consult the Scottish

Ministers before making the regulations.

40

Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
100

Letter
Person by whom regulations may be made and procedural

requirements

Regulations may be made by the Scottish Ministers in

relation to the authority’s devolved Scottish functions.

The Scottish Ministers must consult a Minister of the

5

Crown before making the regulations.

C
Regulations may be made by a Minister of the Crown in

relation to the authority’s functions that are neither

devolved Welsh functions nor devolved Scottish

functions.

10

The Minister of the Crown must consult the Welsh

Ministers and the Scottish Ministers before making the

regulations.

Regulations may be made by the Welsh Ministers in

relation to the authority’s devolved Welsh functions.

15

The Welsh Ministers must consult a Minister of the

Crown before making the regulations.

Regulations may be made by the Scottish Ministers in

relation to the authority’s devolved Scottish functions.

The Scottish Ministers must consult a Minister of the

20

Crown before making the regulations.

D
The regulations may be made by a Minister of the

Crown.

The Minister of the Crown must consult the Welsh

Ministers before making the regulations.

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(4)
Before making regulations under subsection (2), the person making them must
consult the Commission.
155
Power to impose specific duties: supplementary
(1)
Regulations under section 153 or 154 may require a public authority to
consider such matters as may be specified from time to time by—
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(a)
a Minister of the Crown, where the regulations are made by a Minister
of the Crown;
(b)
the Welsh Ministers, where the regulations are made by the Welsh
Ministers;
(c)
the Scottish Ministers, where the regulations are made by the Scottish
35
Ministers.
(2)
Regulations under section 153 or 154 may impose duties on a public authority
that is a contracting authority within the meaning of the Public Sector Directive
in connection with its public procurement functions.
(3)
In subsection (2)—
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Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
101

“public procurement functions” means functions the exercise of which is
regulated by the Public Sector Directive;
“the Public Sector Directive” means Directive 2004/18/EC of the
European Parliament and of the Council of 31 March 2004 on the
coordination of procedures for the award of public works contracts,
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public supply contracts and public service contracts, as amended from
time to time.
(4)
Subsections (1) and (2) do not affect the generality of section 153 or 154(2)(a).
(5)
A duty imposed on a public authority under section 153 or 154 may be
modified or removed by regulations made by—
10
(a)
a Minister of the Crown, where the original duty was imposed by
regulations made by a Minister of the Crown;
(b)
the Welsh Ministers, where the original duty was imposed by
regulations made by the Welsh Ministers;
(c)
the Scottish Ministers, where the original duty was imposed by
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regulations made by the Scottish Ministers.
156
Enforcement
A failure in respect of a performance of a duty imposed by or under this
Chapter does not confer a cause of action at private law.
157
Interpretation
20
(1)
This section applies for the purposes of this Chapter.
(2)
A relevant Welsh authority is a person (other than the Assembly Commission)
whose functions—
(a)
are exercisable only in or as regards Wales, and
(b)
are wholly or mainly devolved Welsh functions.
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(3)
A cross-border Welsh authority is a person other than a relevant Welsh
authority (or the Assembly Commission) who has any function that—
(a)
is exercisable in or as regards Wales, and
(b)
is a devolved Welsh function.
(4)
The Assembly Commission has the same meaning as in the Government of
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Wales Act 2006.
(5)
A function is a devolved Welsh function if it relates to—
(a)
a matter in respect of which functions are exercisable by the Welsh
Ministers, the First Minister for Wales or the Counsel General to the
Welsh Assembly Government, or
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(b)
a matter within the legislative competence of the National Assembly for
Wales.
(6)
A relevant Scottish authority is a public body, public office or holder of a public
office—
(a)
which is not a cross-border Scottish authority or the Scottish
40
Parliamentary Corporate Body,
(b)
whose functions are exercisable only in or as regards Scotland, and
(c)
at least some of whose functions do not relate to reserved matters.

Equality Bill
Part 11 — Advancement of equality
Chapter 2 — Positive action
102

(7)
A cross-border Scottish authority is a cross-border public authority within the
meaning given by section 88(5) of the Scotland Act 1998.
(8)
A function is a devolved Scottish function if it—
(a)
is exercisable in or as regards Scotland, and
(b)
does not relate to reserved matters.
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(9)
Reserved matters has the same meaning as in the Scotland Act 1998.
Chapter 2
Positive action
158
Positive action: general
(1)
This section applies if a person (P) reasonably thinks that—
10
(a)
persons who share a protected characteristic suffer a disadvantage
connected to the characteristic,
(b)
persons who share a protected characteristic have needs that are
different from the needs of persons who do not share it, or
(c)
participation in an activity by persons who share a protected
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characteristic is disproportionately low.
(2)
This Act does not prohibit P from taking any action which is a proportionate
means of achieving the aim of—
(a)
enabling or encouraging persons who share the protected characteristic
to overcome or minimise that disadvantage,
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(b)
meeting those needs, or
(c)
enabling or encouraging persons who share the protected characteristic
to participate in that activity.
(3)
Regulations may specify action, or descriptions of action, to which subsection
(2) does not apply.
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(4)
This section does not apply to—
(a)
action within section 159(3), or
(b)
anything that is permitted by virtue of section 104.
(5)
If section 104(7) is repealed by virtue of section 105, this section will not apply
to anything that would have been so permitted but for the repeal.
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(6)
This section does not enable P to do anything that is prohibited by or under an
enactment other than this Act.
159
Positive action: recruitment and promotion
(1)
This section applies if a person (P) reasonably thinks that—
(a)
persons who share a protected characteristic suffer a disadvantage
35
connected to the characteristic, or
(b)
participation in an activity by persons who share a protected
characteristic is disproportionately low.
(2)
Part 5 (work) does not prohibit P from taking action within subsection (3) with
the aim of enabling or encouraging persons who share the protected
40
characteristic to—

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
103

(a)
overcome or minimise that disadvantage, or
(b)
participate in that activity.
(3)
That action is treating a person (A) more favourably in connection with
recruitment or promotion than another person (B) because A has the protected
characteristic but B does not.
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(4)
But subsection (2) applies only if—
(a)
A is as qualified as B to be recruited or promoted,
(b)
P does not have a policy of treating persons who share the protected
characteristic more favourably in connection with recruitment or
promotion than persons who do not share it, and
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(c)
taking the action in question is a proportionate means of achieving the
aim referred to in subsection (2).
(5)
“Recruitment” means a process for deciding whether to—
(a)
offer employment to a person,
(b)
make contract work available to a contract worker,
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(c)
offer a person a position as a partner in a firm or proposed firm,
(d)
offer a person a position as a member of an LLP or proposed LLP,
(e)
offer a person a pupillage or tenancy in barristers’ chambers,
(f)
take a person as an advocate’s devil or offer a person membership of an
advocate’s stable,
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(g)
offer a person an appointment to a personal office,
(h)
offer a person an appointment to a public office, recommend a person
for such an appointment or approve a person’s appointment to a public
office, or
(i)
offer a person a service for finding employment.
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(6)
This section does not enable P to do anything that is prohibited by or under an
enactment other than this Act.
Part 12
Disabled persons: transport
Chapter 1
30
Taxis, etc.
160
Taxi accessibility regulations
(1)
The Secretary of State may make regulations (in this Chapter referred to as
“taxi accessibility regulations”) for securing that it is possible for disabled
persons—
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(a)
to get into and out of taxis in safety;
(b)
to do so while in wheelchairs;
(c)
to travel in taxis in safety and reasonable comfort;
(d)
to do so while in wheelchairs.
(2)
The regulations may, in particular, require a regulated taxi to conform with
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provision as to—
(a)
the size of a door opening for the use of passengers;

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
104

(b)
the floor area of the passenger compartment;
(c)
the amount of headroom in the passenger compartment;
(d)
the fitting of restraining devices designed to ensure the stability of a
wheelchair while the taxi is moving.
(3)
The regulations may also—
5
(a)
require the driver of a regulated taxi which is plying for hire, or which
has been hired, to comply with provisions as to the carrying of ramps
or other devices designed to facilitate the loading and unloading of
wheelchairs;
(b)
require the driver of a regulated taxi in which a disabled person is being
10
carried while in a wheelchair to comply with provisions as to the
position in which the wheelchair is to be secured.
(4)
The driver of a regulated taxi which is plying for hire or has been hired
commits an offence—
(a)
by failing to comply with a requirement of the regulations, or
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(b)
if the taxi fails to conform with any provision of the regulations with
which it is required to conform.
(5)
A person guilty of an offence under subsection (4) is liable, on summary
conviction, to a fine not exceeding level 3 on the standard scale.
(6)
In this section—
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“passenger compartment” has such meaning as is specified in taxi
accessibility regulations;
“regulated taxi” means a taxi to which taxi accessibility regulations are
expressed to apply.
161
Control of numbers of licensed taxis: exception
25
(1)
This section applies if—
(a)
an application for a licence in respect of a vehicle is made under section
37 of the Town Police Clauses Act 1847,
(b)
it is possible for a disabled person—
(i)
to get into and out of the vehicle in safety,
30
(ii)
to travel in the vehicle in safety and reasonable comfort, and
(iii)
to do the things mentioned in sub-paragraphs (i) and (ii) while
in a wheelchair of a size prescribed by the Secretary of State, and
(c)
the proportion of taxis licensed in respect of the area to which the
licence would (if granted) apply that conform to the requirement in
35
paragraph (b) is less than the proportion that is prescribed by the
Secretary of State.
(2)
Section 16 of the Transport Act 1985 (which modifies the provisions of the
Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply
for hire to be refused in order to limit the number of licensed carriages) does
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not apply in relation to the vehicle; and those provisions of the Town Police
Clauses Act 1847 are to have effect subject to this section.
(3)
In section 16 of the Transport Act 1985, after “shall” insert “(subject to section
161 of the Equality Act 2010)”.