Equality Bill. The Bill is divided into two volumes. Volume I contains the Clauses and Volume II contains the Schedules to the Bill.

Transcription

1 Equality Bill The Bill is divided into two volumes. Volume I contains the Clauses and Volume II contains the Schedules to the Bill. EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Government Equalities Office, have been interleaved into the Bill and are to be found on the left-hand pages. The Introduction to the notes precedes the Bill in Volume I of this document. EUROPEAN CONVENTION ON HUMAN RIGHTS Ms Harriet Harman has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Equality Bill are compatible with the Convention rights. Bill 85 I 54/4

2

3 EQUALITY BILL (Volume I) EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Equality Bill [Bill 85] as introduced in the House of Commons on 24 April They have been prepared by the Government Equalities Office, the Department for Work and Pensions (in respect of provisions relating to disability), the Department for Children, Schools and Families and Department for Innovation, Universities and Skills (in respect of provisions relating to education), the Department for Transport (in respect of provisions relating to disability and transport) and the Department for Business, Enterprise and Regulatory Reform (in respect of provisions relating to work exceptions). Their purpose is to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause does not seem to require any explanation or comment, none is given. 3. Following the approval by the House on 30 March of the First Report from the Procedure Committee (House of Commons Paper No. 377), the notes on each clause appear opposite that clause. The aim is to make the explanatory material easier to use. and summary 4. Domestic discrimination law has developed over more than 40 years since the first Race Relations Act in Subsequently, other personal characteristics besides race have been protected from discrimination and similar conduct, sometimes as a result of domestic initiatives and sometimes through implementing European Directives. 5. The domestic law is now mainly contained in the following legislation (where applicable, as amended): the Equal Pay Act 1970; the Sex Discrimination Act 1975; the Race Relations Act 1976; Ei

4 the Disability Discrimination Act 1995; the Employment Equality (Religion or Belief) Regulations 2003; the Employment Equality (Sexual Orientation) Regulations 2003; the Employment Equality (Age) Regulations 2006; the Equality Act 2006, Part 2; the Equality Act (Sexual Orientation) Regulations The main European Directives affecting domestic discrimination legislation are: Council Directive 75/117/EEC on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women; Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, as amended by the European Parliament and Council Directive 2002/73/EC; Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation; Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services; European Parliament and Council Directive 2006/54/EC (as recast) on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Also relevant in this context is Article 141 of the Treaty Establishing the European Community. (Official Journal C 325/33 of 24 December 2002). 7. In addition, in July 2008 the Commission of the European Communities published a new draft Directive which would prohibit discrimination on grounds of disability, religion or belief, sexual orientation and age, in access to goods and services, housing, education, social protection, social security and social advantage. This Directive is under negotiation. Eii

5 8. In February 2005, the Government set up the Discrimination Law Review to address long-term concerns about inconsistencies in the current discrimination law framework. The Review was tasked with considering the fundamental principles of discrimination legislation and its underlying concepts, and the opportunities for creating a clearer and more streamlined framework of equality legislation which produces better outcomes for those who experience disadvantage. As noted in the Review s terms of reference: Any proposals will have due regard to better regulation principles and take into account the need to minimise bureaucratic burdens on business and public services. A key priority will be seeking to achieve greater consistency in the protection afforded to different groups while taking into account evidence that different legal approaches may be appropriate for different groups. 9. In June 2007 the Department for Communities and Local Government published a consultation paper, A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain. This was followed in June and July 2008 by two Command Papers published by the Government Equalities Office: Framework for a Fairer Future the Equality Bill (Cm 7431); and The Equality Bill Government Response to the Consultation (Cm 7454). In January 2009, the Government published the New Opportunities White Paper (Cm 7533) which, amongst other things, committed the Government to considering legislation to address disadvantage associated with socio-economic inequality. Summary 10. The Bill has two main purposes to harmonise discrimination law, and to strengthen the law to support progress on equality. 11. The Bill will bring together and re-state all the enactments listed in paragraph 5 above and a number of other related provisions. It will harmonise existing provisions to give a single approach where appropriate. Most of the existing legislation will generally be repealed. The Equality Act 2006 will remain in force (as amended by the Bill) so far as it relates to the constitution and operation of the Equality and Human Rights Commission; and the Disability Discrimination Act 1995, so far as it relates to Northern Ireland. 12. The Bill will also strengthen the law in a number of areas. It will: place a new duty on certain public authorities to consider socio-economic disadvantage when taking strategic decisions about how to exercise their functions; extend the circumstances in which a person is protected against discrimination, harassment or victimisation because of a protected characteristic; create a duty on listed public authorities when carrying out their functions and on other persons when carrying out public functions to have due regard when carrying out their functions to: the need to eliminate conduct which the Bill Eiii

6 prohibits; the need to advance equality of opportunity between persons who share a relevant protected characteristic and those who do not; and the need to foster good relations between people who share a relevant protected characteristic and people who do not. The practical effect is that listed public authorities will have to consider how their policies, programmes and service delivery will affect people with the protected characteristics; allow an employer or service provider or other organisation to take positive action so as to enable existing or potential employees or customers to overcome or minimise a disadvantage arising from a protected characteristic; extend the permission for political parties to use women-only shortlists for election candidates to 2030; enable an employment tribunal to make a recommendation to a respondent who has lost a discrimination claim to take certain steps to remedy matters not just for the benefit of the individual claimant (who may have already left the organisation concerned) but also the wider workforce. Overview of the structure of the Bill 13. The Bill consists of 15 Parts and 28 Schedules. The general arrangement of the Bill is as follows: PART Part 1 Part 2 including Schedule 1 SUMMARY Imposes a duty on certain public authorities to have due regard to socioeconomic considerations in deciding their strategic priorities. Establishes the key concepts on which the Bill is based including: the characteristics which are protected (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation); the definitions of direct discrimination, discrimination arising from disability, indirect discrimination, harassment and victimisation. These key concepts are then applied in the subsequent Parts of the Bill. Part 3 including Schedules 2 and 3 Makes it unlawful to discriminate against, harass or victimise a person when providing a service (which includes the provision of goods or facilities) or when exercising a public function. Eiv

7 Part 4 including Schedules 4 and 5 Part 5 including Schedules 6, 7, 8 and 9 Part 6 including Schedules 10, 11, 12, 13 and 14 Part 7 including Schedules 15 and 16 Part 8 Part 9 including Schedule 17 Part 10 Makes it unlawful to discriminate against, harass or victimise a person when disposing of (for example, by selling or letting) or managing premises. Makes it unlawful to discriminate against, harass or victimise a person at work or in employment services. Also contains provisions relating to equal pay between men and women; pregnancy and maternity pay; provisions making it unlawful for an employment contract to prevent an employee disclosing his or her pay to a colleague; and a power to require private sector employers to publish gender pay gap (the size of the difference between men and women s pay expressed as a percentage) information about differences in pay between men and women. Makes it unlawful for education bodies to discriminate against, harass or victimise a school pupil or student or applicant for a place. Makes it unlawful for associations (for example, private clubs and political organisations) to discriminate against, harass or victimise members, associates or guests. Prohibits other forms of conduct, including discriminating against or harassing of an ex-employee or ex-pupil, for example: instructing a third party to discriminate against another; or helping someone discriminate against another. Also determines the liability of employers and principals in relation to the conduct of their employees or agents. Deals with enforcement of the Bill s provisions, through the civil courts (in relation to services and public functions; premises; education; and associations) and the employment tribunals (in relation to work and related areas, and equal pay). Makes terms in contracts, collective agreements or rules of undertakings unenforceable or void if they result in unlawful discrimination, harassment or victimisation. Ev

8 Part 11 including Schedules 18 and 19 Establishes a general duty on public authorities to have due regard, when carrying out their functions, to the need: to eliminate unlawful discrimination, harassment or victimisation; to advance equality of opportunity; and to foster good relations. Also contains provisions which enable an employer or service provider or other organisation to take positive action to overcome or minimise a disadvantage arising from people possessing particular protected characteristics. Part 12 including Schedule 20 Part 13 including Schedule 21 Part 14 including Schedules 22 and 23 Part 15 including Schedules 24, 25, 26, 27 and 28 Requires taxis, other private hire vehicles, public service vehicles (such as buses) and rail vehicles to be accessible to disabled people and to allow them to travel in reasonable comfort. Deals with consent to make reasonable adjustments to premises and improvements to let dwelling houses. Establishes exceptions to the prohibitions in the earlier parts of the Bill in relation to a range of conduct, including action required by an enactment; protection of women; educational appointments; national security; the provision of benefits by charities and sporting competitions. Contains a power for a Minister of the Crown to harmonise certain provisions in the Bill with changes required to comply with EU obligations. Also contains general provisions on application to the Crown, subordinate legislation, interpretation, commencement and extent. Summary of the Impact Assessments 14. The (regulatory) Impact Assessment breaks down the estimated costs and benefits according to the type of measure (for example, simplification of definitions) and the sector (for example, public or private sector). It also distinguishes between one-off and recurring costs and benefits. Public sector costs and manpower effects 15. The Bill and regulations under it will involve some costs to the public sector. The Government estimates in the Impact Assessment that one-off public sector costs will amount to around 13 million and will arise primarily from the costs of familiarisation with the new legislation. It estimates that recurring public sector costs will amount to between 5 million and 39 million per year. These recurring costs would arise primarily from an increase in the number of discrimination cases in the courts and tribunals, involving public sector organisations. The Government estimates that the costs will be offset by benefits including from simplification and harmonisation of the legislation and resulting guidance, amounting to 13 million to Evi

9 43 million per year. 16. The main measures exclusive to the public sector are new duties on public authorities. 17. The Government expects the duty on certain public authorities to consider socio-economic disadvantage (clause 1) to result in some familiarisation costs (which the Impact Assessment estimates at around 135 per authority). 18. The general public sector equality duty (clause 143), in practice will mean that the public authorities to which the duty applies will need, when thinking about or reviewing new or existing policies, programmes and services, to factor in the impact of their decisions on people with the protected characteristics of age, race, disability, sex, pregnancy and maternity, sexual orientation, religion or belief or gender reassignment. 19. Public sector costs are more likely to be associated with the specific equality duties that will be imposed under the power provided in the Bill at clause 147 and 148. The current specific equality duties in relation to race, gender and disability have included the requirements to consult, to draw up schemes or action plans and set out processes for assessing the equality impact of new policies, programmes and services as well as monitoring performance. The Government will be consulting, during the passage of the Bill, on the approach to be adopted in setting out specific duties, and a separate Impact Assessment will accompany that consultation. The aim of the new single general duty and specific duties is to achieve cost neutrality overall. 20. A further area where costs may arise for the public sector is the application of the prohibition on age discrimination in the provision of goods, facilities and services to the provision of health and social care. The extent of the costs will depend on a number of factors, on which the Government will be consulting further during the Bill s passage through Parliament. These include: the use of the power to make exceptions from the age prohibition; the ability of organisations objectively to justify differential treatment based on age (and thus make it lawful); the timing of commencement of the prohibition and accompanying exceptions. Other costs and benefits 21. Apart from the Government s estimated costs and benefits for the equality duty and the ban on age discrimination in services and public functions, it estimates the total additional costs and benefits of the Bill to be as follows, according to the Impact Assessment: in year 1 following commencement, the cost will be from 233 million to 272 million as a result of additional discrimination cases and the need for people to familiarise themselves with the new law. In the same year, the improved efficiencies as a result of the Bill will produce benefits (including Evii

10 wider economic benefits of 60 million) ranging from 85 million to 115 million. Therefore, in year 1, the Bill might produce a net cost of 117 million to 187 million. after year 1, average costs will range from 19 million to 59 million per year (consisting mainly of the costs of additional cases) and average benefits (including wider economic benefits as above) from 88 million to 120 million. costs to the private sector comprise one-off costs of 211 million, consisting mainly of familiarisation costs in year 1; and recurring costs of 11 million to 17 million per year, consisting mainly of costs of additional court and tribunal cases and compensation awards. Summary of the (Equality) Impact Assessment 22. The (Equality) Impact Assessment was drawn up in accordance with guidance issued by the Equality and Human Rights Commission. It considers the impact of the Bill in terms of how it will affect people because of race, disability, sex including pregnancy or maternity, gender reassignment, age, sexual orientation and religion or belief. 23. The assessment finds that the measures set out in the Bill are designed to achieve greater consistency in the treatment of each group; and that to this extent, members of all these groups will benefit from clearer and simpler legislation. 24. The Bill s measures which the assessment identifies as having the greatest impact on certain groups are: the general public sector equality duty on public authorities (clause 143) which will replace the three existing duties (relating to race, gender, disability) with a single duty covering race, sex, pregnancy and maternity, gender reassignment, disability, age, sexual orientation and religion or belief. Therefore, the new duty will extend additionally to people with certain protected characteristics (age, religion or belief, sexual orientation; and fully to transsexual people). In practice, public authorities will need to think about the impact of their policies, programmes and services on these new groups of people, as well as their impact in respect of race, gender and disability; the definition of direct discrimination (clause 13). This also covers, in respect of the protected characteristics (except marriage and civil partnership; or pregnancy and maternity), protection of people who associate with people with those characteristics (for example, are related to or care for them as part of their family); and protection of people who are wrongly perceived to possess those characteristics. Until now, protection on grounds of association and perception has been limited to the protected characteristics of race, religion or belief and sexual orientation. For age, where protection is only provided in Eviii

11 employment and related areas, there is protection in relation to perception but not association. There is no protection in relation to perception or association for disability, sex, and gender reassignment. The effect of the Bill is therefore to extend protection based on association and perception to these protected characteristics across all fields in the Bill (with the exception, in relation to age, of children below the age of 18 outside the employment field); for people whatever their age (except children below the age of 18, who are specifically excluded), the Bill provides protection against age discrimination in the provision of goods, facilities and services and the exercise of public functions (clauses 4, 5 and 13); for disabled people, the Bill provides for simplification of definitions and (Schedule 4, paragraphs 5-7) a requirement on landlords to make adjustments to common parts of let residential premises, where reasonable, and for protection against discrimination arising from a person s disability (clause 14); for anyone who belongs to an under-represented group, in employment, or as the recipient of a service, the Bill provides scope for voluntary positive action to increase representation (clause 152); from the perspective of sexual orientation and religion or belief, the main impact is through including these characteristics in the public sector equality duty (see above); from the perspective of race, the main impact is simplification of the criteria and tests that apply, including in indirect discrimination (clause 18). This removes a series of long-standing anomalies resulting from implementation of the Race Directive in 2000 by extending protection to colour and nationality on the same terms as for all other forms of racial discrimination. Carbon impact 25. The impact of the Bill on the environment, in terms of using raw materials for the production of guidance, leaflets and similar materials, is likely to be minimal. This is because information about the new legislation will simply replace what would have been produced to explain the legislation it replaces. Territorial extent and application 26. The Bill forms part of the law of England and Wales. It also, with the exception of one clause, forms part of the law of Scotland. There are also a few provisions which form part of the law of Northern Ireland. 27. As far as territorial application is concerned, in relation to Part 5 (work) and following the precedent of the Employment Rights Act 1996, the Bill leaves it to tribunals to determine whether the law applies, depending for example on the connection between the employment relationship and Great Britain. However, the Eix

12 Bill contains a power to specify territorial application of Part 5 in relation to ships and hovercraft (clause 76) and offshore work (clause 77). In relation to the non-work provisions, the Bill is again generally silent on territorial application, leaving it to the courts to determine whether the law applies. However, in a limited number of specific cases, express provision is made for particular provisions of the Bill to apply (or potentially apply) outside the United Kingdom. Thus, clause 27(9) provides for the prohibitions in respect of the provision of services or the exercise of public functions to apply in relation to race and religion or belief to the granting of entry clearance, even where the act in question takes place outside the United Kingdom. Also, clause 28 contains a similar power to that in Part 5 to specify the territorial application of the services provisions of Part 3 in relation to ships and hovercraft. Scotland 28. The Bill contains provisions that trigger the Sewel Convention in relation to Scotland. The Scottish Ministers can already impose specific equality duties on Scottish public authorities and on the devolved functions of cross-border authorities following appropriate consultation. Provisions in this Bill will replicate this situation. The Scottish Ministers will be able to impose specific duties on relevant Scottish authorities (clause 147) and by order to amend Part 3 of Schedule 19 which lists the relevant Scottish authorities to which the general public sector equality duty applies (clause 145). A procedure will be specified in relation to imposition of specific duties on cross-border Scottish authorities added to Schedule 19 by a Minister of the Crown. The procedure enables the Scottish Ministers to impose specific duties in relation to the devolved Scottish functions of the cross-border authorities. The Bill also contains a number of provisions which confer additional powers on Scottish Ministers to make secondary legislation, for example: the power to make procedural rules for the hearing of disability discrimination claims by the Additional Support Needs Tribunals for Scotland (paragraph 10 of Schedule 17); the power, on the application of the governing body of an educational establishment (and if satisfied that it would be educationally beneficial) to modify an endowment whose benefits are restricted to persons of one sex (paragraph 2 of Schedule 14); the power to prescribe the regulator, qualifications body and relevant qualifications in Scotland (clause 91); the power to make transitional exemption orders for single-sex education authorities or grant-aided schools in Scotland which alter their admissions arrangements so as to cease being a single-sex establishment (paragraph 4 of Schedule 11); a power to make regulations in relation to designated transport facilities (clause 155). 29. The Sewel Convention provides that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament. The Deputy First Minister of Scotland has indicated agreement to seek consent on the matters indicated in the above paragraph. If there are subsequently amendments relating to such matters which trigger the Convention, or if there are provisions which alter the executive competence of Scottish Ministers, the consent of the Scottish Parliament will be sought for them. Ex

13 Wales 30. Under the Welsh devolution settlement the subject matter of equal opportunities is not devolved to Wales. Clause 2 of the Bill provides a power for Welsh Ministers to add any relevant Welsh authority to the authorities subject to the duty in clause 1 to consider socio-economic inequalities. The Bill also confers powers on the Welsh Ministers in relation to the public sector equality duty. Clause 147 gives Welsh Ministers power to impose specific duties on relevant Welsh authorities and clause 145 gives them power by order to amend Part 2 of Schedule 19 which specifies relevant Welsh authorities subject to the general public sector equality duty. A procedure is specified in relation to the imposition of specific duties on crossborder Welsh authorities added to Schedule 19 by a Minister of the Crown. The procedure enables the Welsh Ministers to impose specific duties in relation to the devolved Welsh functions of the cross-border authorities or provide for specific duties to be imposed by a Minister of the Crown only after consultation with the Welsh Ministers. Northern Ireland 31. Equal opportunities and discrimination are transferred matters under the Northern Ireland Act As such, with a few exceptions the Bill does not form part of the law of Northern Ireland. As a result, the Disability Discrimination Act 1995 (as amended), which extends throughout the United Kingdom, will remain in force for Northern Ireland as the repeal of that Act only forms part of the law of England and Wales and Scotland. 32. Clause 77 enables an Order in Council to provide that Northern Ireland legislation applies in the case of persons in offshore work; and the provisions of clause 100 amend the Sex Discrimination (Election Candidates) Act 2002 with the effect that the extension of the expiry date for women-only shortlists will apply in Northern Ireland as well as Great Britain. Compatibility with the European Convention on Human Rights 33. Section 19 of the Human Rights Act requires the Minister in charge of a Bill in either House of Parliament to make a statement about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of the Human Rights Act). 34. The Lord Privy Seal has stated that in her view the provisions of the Bill are compatible with the Convention rights. Transposition of EU Directives 35. The Bill does not itself implement EU Directives for the first time. It replaces earlier legislation which has implemented EU Directives, most of which is set out in paragraph 5 above. Exi

14 Commencement 36. The following provisions will come into force on the day on which the Act is passed: the whole of Part 15 (except clauses 193 (which brings Schedule 24 into effect) and 198 (which brings the Schedules of amendments and repeals into effect); clause 179(2) which repeals Schedule 20 (on rail vehicle accessibility) if the Schedule is not brought into force before the end of The remainder will be brought into force on a day or days appointed by commencement order made by a Minister of the Crown. Exii

15 Equality Bill (Volume I) CONTENTS PART 1 SOCIO-ECONOMIC INEQUALITIES 1 Public sector duty regarding socio-economic inequalities 2 Power to amend section 1 3 Enforcement PART 2 EQUALITY: KEY CONCEPTS CHAPTER 1 4 The protected characteristics 5 Age 6 Disability 7 Gender reassignment 8 Marriage and civil partnership 9 Race 10 Religion or belief 11 Sex 12 Sexual orientation PROTECTED CHARACTERISTICS CHAPTER 2 PROHIBITED CONDUCT Discrimination 13 Direct discrimination 14 Discrimination arising from disability 15 Gender reassignment discrimination: cases of absence from work 16 Pregnancy and maternity discrimination: non-work cases 17 Pregnancy and maternity discrimination: work cases 18 Indirect discrimination Bill 85 I 54/4

16 Equality Bill (Volume I) 19 Duty to make adjustments 20 Failure to comply with duty 21 Regulations Adjustments for disabled persons Discrimination: supplementary 22 Comparison by reference to circumstances 23 References to particular strands of discrimination 24 Harassment 25 Victimisation Other prohibited conduct PART 3 SERVICES AND PUBLIC FUNCTIONS 26 Application of this Part Preliminary Provision of services, etc. 27 Provision of services, etc. Supplementary 28 Ships and hovercraft 29 Interpretation and exceptions PART 4 PREMISES 30 Application of this Part Preliminary Disposal and management 31 Disposals, etc. 32 Permission for disposal 33 Management Reasonable adjustments 34 Leasehold and commonhold premises and common parts Supplementary 35 Interpretation and exceptions ii

17 Equality Bill (Volume I) PART 5 WORK CHAPTER 1 EMPLOYMENT, ETC. Employees 36 Employees and applicants 37 Employees and applicants: harassment 38 Contract workers 39 Identity of employer 40 Interpretation Police officers Partners 41 Partnerships 42 Limited liability partnerships 43 Interpretation 44 Barristers 45 Advocates The Bar Office-holders 46 Personal offices: appointments, etc. 47 Public offices: appointments, etc. 48 Public offices: recommendations for appointments, etc. 49 Interpretation and exceptions 50 Qualifications bodies 51 Interpretation Qualifications Employment services 52 Employment service-providers 53 Interpretation 54 Trade organisations Trade organisations Local authority members 55 Official business of members iii

18 Equality Bill (Volume I) 56 Interpretation CHAPTER 2 57 Non-discrimination rule 58 Communications OCCUPATIONAL PENSION SCHEMES CHAPTER 3 EQUALITY OF TERMS Sex equality 59 Relevant types of work 60 Equal work 61 Sex equality clause 62 Sex equality rule 63 Sex equality rule: consequential alteration of schemes 64 Defence of material factor 65 Exclusion of sex discrimination provisions 66 Sex discrimination in relation to contractual pay Pregnancy and maternity equality 67 Relevant types of work 68 Maternity equality clause 69 Maternity equality clause: pay 70 Maternity equality rule 71 Exclusion of pregnancy and maternity discrimination provisions Disclosure of information 72 Discussions with colleagues 73 Gender pay gap information Supplementary 74 Colleagues 75 Interpretation and exceptions CHAPTER 4 76 Ships and hovercraft 77 Offshore work 78 Interpretation and exceptions SUPPLEMENTARY iv

19 Equality Bill (Volume I) PART 6 EDUCATION CHAPTER 1 SCHOOLS 79 Application of this Chapter 80 Pupils: admission and treatment, etc. 81 Victimisation of pupils, etc. for conduct of parents, etc. 82 Application of certain powers under Education Act Disabled pupils: accessibility 84 Interpretation and exceptions CHAPTER 2 FURTHER AND HIGHER EDUCATION 85 Application of this Chapter 86 Students: admission and treatment, etc. 87 Further and higher education courses 88 Recreational or training facilities 89 Interpretation and exceptions CHAPTER 3 90 Application of this Chapter 91 Qualifications bodies 92 Interpretation GENERAL QUALIFICATIONS BODIES CHAPTER 4 MISCELLANEOUS 93 Reasonable adjustments 94 Educational charities and endowments PART 7 ASSOCIATIONS 95 Application of this Part Preliminary Membership, etc. 96 Members and associates 97 Guests 98 Sections 96 and 97: further provision v

20 Equality Bill (Volume I) 99 Selection of candidates 100 Time-limited provision 101 Interpretation and exceptions Special provision for political parties Supplementary PART 8 PROHIBITED CONDUCT: ANCILLARY 102 Relationships that have ended 103 Liability of employers and principals 104 Liability of employees and agents 105 Instructing and causing discrimination 106 Aiding contraventions PART 9 ENFORCEMENT CHAPTER Proceedings INTRODUCTORY CHAPTER Jurisdiction 109 Immigration cases 110 Education cases 111 National security 112 Time limits 113 Remedies CIVIL COURTS CHAPTER 3 EMPLOYMENT TRIBUNALS 114 Jurisdiction 115 Jurisdiction in armed forces cases 116 References by court to tribunal, etc. 117 Time limits 118 Remedies: general 119 Remedies: national security 120 Remedies: occupational pension schemes vi

21 Equality Bill (Volume I) CHAPTER 4 EQUALITY OF TERMS 121 Jurisdiction 122 References by court to tribunal, etc. 123 Time limits 124 Section 123: supplementary 125 Assessment of whether work is of equal value 126 Remedies in non-pensions cases 127 Remedies in pensions cases 128 Remedies in claims for arrears brought by pensioner members 129 Supplementary CHAPTER 5 MISCELLANEOUS 130 Burden of proof 131 Previous findings 132 Obtaining information etc. 133 Interest 134 Conduct giving rise to separate proceedings 135 Interpretation, etc. PART 10 CONTRACTS, ETC. Contracts and other agreements 136 Unenforceable terms 137 Removal or modification of unenforceable terms 138 Contracting out Collective agreements and rules of undertakings 139 Void and unenforceable terms 140 Declaration in respect of void term, etc. Supplementary 141 Meaning of qualifying compromise contract 142 Interpretation PART 11 ADVANCEMENT OF EQUALITY CHAPTER Public sector equality duty PUBLIC SECTOR EQUALITY DUTY vii

22 Equality Bill (Volume I) 144 Public authorities and public functions 145 Power to specify public authorities 146 Power to specify public authorities: consultation and consent 147 Power to impose specific duties 148 Power to impose specific duties: cross-border authorities 149 Power to impose specific duties: supplementary 150 Enforcement 151 Interpretation CHAPTER 2 POSITIVE ACTION 152 Positive action: general 153 Positive action: recruitment and promotion PART 12 DISABLED PERSONS: TRANSPORT CHAPTER 1 TAXIS ETC. 154 Taxi accessibility regulations 155 Designated transport facilities 156 Taxi licence conditional on compliance with taxi accessibility regulations 157 Exemption from taxi accessibility regulations 158 Passengers in wheelchairs 159 Passengers in wheelchairs: exemption certificates 160 Lists of wheelchair-accessible vehicles 161 Assistance dogs in taxis 162 Assistance dogs in taxis: exemption certificates 163 Assistance dogs in private hire vehicles 164 Assistance dogs in private hire vehicles: exemption certificates 165 Appeals 166 Interpretation CHAPTER 2 PUBLIC SERVICE VEHICLES 167 PSV accessibility regulations 168 Offence of contravening PSV accessibility regulations 169 Accessibility certificates 170 Approval certificates 171 Special authorisations 172 Reviews and appeals 173 Fees 174 Interpretation viii

23 Equality Bill (Volume I) CHAPTER 3 RAIL VEHICLES 175 Rail vehicle accessibility regulations 176 Exemptions from rail vehicle accessibility regulations 177 Procedure for making exemption orders 178 Annual report on exemption orders 179 Rail vehicle accessibility: compliance 180 Interpretation CHAPTER Forgery etc. SUPPLEMENTARY PART 13 DISABILITY: MISCELLANEOUS 182 Reasonable adjustments 183 Improvements to let dwelling houses PART Statutory provisions 185 National security 186 Charities 187 Charities: supplementary 188 Sport 189 General 190 Age GENERAL EXCEPTIONS PART 15 GENERAL AND MISCELLANEOUS 191 Harmonisation Community obligations Application 192 Crown application 193 Information society services Subordinate legislation 194 Exercise of power 195 Ministers of the Crown 196 The Welsh Ministers ix

24 Equality Bill (Volume I) 197 The Scottish Ministers Amendments, etc. 198 Amendments, repeals and revocations Interpretation 199 General interpretation 200 References to maternity leave, etc. 201 Index of defined expressions 202 Money 203 Commencement 204 Extent 205 Short title Final provisions Schedule 1 Disability: supplementary provision Part 1 Determination of disability Part 2 Guidance Schedule 2 Services and public functions: reasonable adjustments Schedule 3 Services and public functions: exceptions Part 1 Constitutional matters Part 2 Education Part 3 Health and care Part 4 Immigration Part 5 Insurance Part 6 Separate and single services Part 7 Transport Part 8 Supplementary Schedule 4 Premises: reasonable adjustments Schedule 5 Premises: exceptions Schedule 6 Office-holders: excluded offices Schedule 7 Equality of terms: exceptions Part 1 Terms of work Part 2 Occupational pension schemes Schedule 8 Work: reasonable adjustments Part 1 Introductory Part 2 Interested disabled person Part 3 Limitations on the duty Schedule 9 Work: exceptions Part 1 Occupational requirements Part 2 Exceptions relating to age Part 3 Other exceptions Schedule 10 Accessibility for disabled pupils Schedule 11 Schools: exceptions Part 1 Sex discrimination Part 2 Religious or belief-related discrimination Part 3 Disability discrimination x

25 Equality Bill (Volume I) Schedule 12 Further and higher education exceptions Part 1 Single-sex institutions, etc. Part 2 Other exceptions Schedule 13 Education: reasonable adjustments Schedule 14 Educational charities and endowments Schedule 15 Associations: reasonable adjustments Schedule 16 Associations: exceptions Schedule 17 Disabled pupils: enforcement Part 1 Introductory Part 2 Tribunals in England and Wales Part 3 Tribunals in Scotland Part 4 Admissions and exclusions Schedule 18 Public sector equality duty: exceptions Schedule 19 Public authorities Part 1 Public authorities: general Part 2 Public authorities: relevant Welsh authorities Part 3 Public authorities: relevant Scottish authorities Schedule 20 Rail vehicle accessibility: compliance Schedule 21 Reasonable adjustments: supplementary Schedule 22 Statutory provisions Schedule 23 General exceptions Schedule 24 Harmonisation exceptions Schedule 25 Information society services Schedule 26 Amendments Schedule 27 Repeals and revocations Part 1 Repeals Part 2 Revocations Schedule 28 Index of defined expressions xi

26 COMMENTARY ON CLAUSES Part 1 : socio-economic inequalities EXPLANATORY NOTES Clause 1: Public sector duty regarding socio-economic inequalities 38. This clause requires specified public authorities, when making strategic decisions such as deciding priorities and setting objectives, to consider how their decisions might help to reduce the inequalities associated with socio-economic disadvantage. Such inequalities could include inequalities in education, health, housing, crime rates, or other matters associated with socio-economic disadvantage. It will be for public authorities subject to the duty to determine which socio-economic inequalities they are in a position to influence. E1 39. The duty applies to the listed public authorities, which have strategic functions these include Government departments, local authorities and NHS bodies. In addition, the duty applies to other public authorities which work in partnership with a local authority to draw up the sustainable community strategy for an area, when they are drawing up that strategy. These

27 Equality Bill Part 1 Socio-economic inequalities A BILL TO Make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit10 victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; and for connected purposes B E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PART 1 SOCIO-ECONOMIC INEQUALITIES 20 1 Public sector duty regarding socio-economic inequalities (1) An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage. 25 (2) In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued by a Minister of the Crown. (3) The authorities to which this section applies are (a) a Minister of the Crown; 30 1

28 EXPLANATORY NOTES partner public authorities are specified in the Local Government and Public Involvement in Health Act Public authorities are required to take into account guidance issued by a Minister of the Crown when deciding how to fulfil the duty. 41. The duty does not apply to strategic decisions taken in relation to functions carried out in or in relation to Scotland, except where such matters are reserved to the United Kingdom Parliament. Nor does it require public authorities to consider how to reduce inequalities resulting from people being subject to immigration control. 42. This is a new provision. Examples The duty could lead a public body with strategic functions in relation to health to allocate money from its agreed budget to a separate funding stream which targets geographical areas with the worst health outcomes. Under the duty, a Regional Development Agency (RDA), when reviewing its funding programmes, could decide to amend the selection criteria for a programme designed to promote business development, to encourage more successful bids from deprived areas. The same RDA could also decide to continue a programme aimed at generating more jobs in the IT sector which, despite not contributing to a reduction in socioeconomic inequalities, has wider economic benefits in attracting more well-paid jobs to the region. This decision would comply with the duty, because the RDA would have given due consideration to reducing socio-economic inequalities. The duty could lead a local education authority, when conducting a strategic review of its school applications process, to analyse the impact of its campaign to inform parents about the applications process, looking particularly at different neighbourhoods. If the results suggest that parents in more deprived areas are less likely to access or make use of the information provided, the authority could decide to carry out additional work in those neighbourhoods in future campaigns, to ensure that children from deprived areas have a better chance of securing a place at their school of choice. Clause 2: Power to amend section This clause enables a Minister of the Crown or, in the case of Welsh bodies, the Welsh Ministers to make regulations amending the list of public authorities which are subject to the duty in clause 1, and to limit or extend the functions of a listed body to which the duty applies. 44. It also provides that a Minister of the Crown may not apply the duty to any devolved Welsh or Scottish functions. E2

29 Equality Bill Part 1 Socio-economic inequalities (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) a government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters; a county council or district council in England; the Greater London Authority; 5 a London borough council; the Common Council of the City of London in its capacity as a local authority; the Council of the Isles of Scilly; a Strategic Health Authority established under section 13 of the10 National Health Service Act 2006, or continued in existence by virtue of that section; a Primary Care Trust established under section 18 of that Act, or continued in existence by virtue of that section; a regional development agency established by the Regional15 Development Agencies Act 1998; a police authority established for an area in England. (4) This section also applies to an authority that (a) is a partner authority in relation to a responsible local authority, and (b) does not fall within subsection (3), 20 but only in relation to its participation in the preparation or modification of a sustainable community strategy. (5) In subsection (4) partner authority has the meaning given by section 104 of the Local Government and Public Involvement in Health Act 2007; 25 responsible local authority has the meaning given by section 103 of that Act; sustainable community strategy means a strategy prepared under section 4 of the Local Government Act (6) The reference to functions in subsection (1) does not include any functions30 that (a) are exercisable in or as regards Scotland, and (b) do not relate to reserved matters (within the meaning of the Scotland Act 1998). (7) The reference to inequalities in subsection (1) does not include any inequalities35 experienced by a person as a result of being a person subject to immigration control within the meaning given by section 115(9) of the Immigration and Asylum Act Power to amend section 1 (1) A Minister of the Crown may by regulations amend section 1 40 (a) to add a public authority to the authorities that are subject to the duty under subsection (1) of that section; (b) to remove an authority from those that are subject to the duty; (c) to make the duty apply, in the case of a particular authority, only in relation to certain functions that it has; 45 (d) in the case of an authority to which the application of the duty is already restricted to certain functions, to remove or alter the restriction. 2

30 EXPLANATORY NOTES 45. This is a new provision. Examples A new public body is created in England to deal with regeneration. The Minister decides that it should give consideration to reducing socio-economic inequalities when making strategic decisions. The Minister makes regulations to add the body to the list in clause 1. Welsh Ministers decide they would like the duty to apply to local authorities in Wales, starting a year after the duty starts to apply in England. They secure agreement to this from the relevant Minister of the Crown, and make regulations to apply the duty to those bodies from their proposed commencement date. Clause 3: Enforcement 46. This clause ensures that individuals have no recourse to private law because of a failure by a public authority to comply with the duty imposed by clause 1. This means that individuals will not be able to claim damages for breach of statutory duty for a breach of this duty. However, this clause does not prevent an individual from bringing judicial review proceedings against a public authority which is covered by the duty, if he or she believes the public authority has not considered socio-economic disadvantage when taking decisions of a strategic nature. E3

31 Equality Bill Part 1 Socio-economic inequalities (2) In subsection (1) public authority means an authority that has functions of a public nature. (3) Provision made under subsection (1) may not impose a duty on an authority in relation to any devolved Scottish functions or devolved Welsh functions. (4) The Welsh Ministers may by regulations amend section 1 5 (a) to add a relevant Welsh authority to the authorities that are subject to the duty under subsection (1) of that section; (b) to remove a relevant Welsh authority from those that are subject to the duty; (c) to make the duty apply, in the case of a particular relevant Welsh10 authority, only in relation to certain functions that it has; (d) in the case of a relevant Welsh authority to which the application of the duty is already restricted to certain functions, to remove or alter the restriction. (5) In subsection (4) relevant Welsh authority means an authority whose15 functions (a) are exercisable only in or as regards Wales, (b) are wholly or mainly devolved Welsh functions, and (c) correspond or are similar to those of an authority for the time being specified in subsection (3) of section 1 or referred to in subsection (4) of20 that section. (6) The Welsh Ministers may not make regulations under subsection (4) without the consent of a Minister of the Crown. (7) Regulations under this section may make any amendments of section 1 that appear to the Minister or Ministers to be necessary or expedient in25 consequence of provision made under subsection (1) or (as the case may be) subsection (4). (8) For the purposes of this section (a) a function is a devolved Scottish function if it is exercisable in or as regards Scotland and it does not relate to reserved matters (within the30 meaning of the Scotland Act 1998); (b) a function is a devolved Welsh function if it relates to 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 to a matter within the legislative competence of the35 National Assembly for Wales. 3 Enforcement A failure in respect of a performance of a duty under section 1 does not confer a cause of action at private law. 3