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House of Lords

Session 2002 - 03 Internet Publications Other Public Bills before Parliament

Equality Bill [HL]

EXPLANATORY NOTES Explanatory notes to the Bill, prepared by Lord Lester of Herne Hill, will be made available. CONTENTS   PART 1 INTRODUCTORY 1 Purpose of Act 2 General principles 3 Exclusivity of remedies under this Act 4 Interpretation   PART 2 MEASURES TO TARGET PARTICULAR BEHAVIOUR OR ARRANGEMENTS CHAPTER 1 UNLAWFUL ACTS General 5 Unlawful acts, remedies and interpretation of Chapter 1 6 Protected areas of activity 7 Power to make complaints concerning contraventions of this Part 8 Time limit for bringing complaints Discrimination 9 Discrimination 10 Meaning of direct discrimination 11 Meaning of indirect discrimination Harassment 12 Harassment Victimisation 13 Victimisation Other unlawful acts 14 Publishing discriminatory advertisements 15 Giving instructions to discriminate 16 Imposing pressure on another to discriminate 17 Aiding unlawful acts Miscellaneous and supplemental 18 Relationships in the employment field that have come to an end 19 Persons liable for the acts of others 20 Application of section 19 to the police etc   CHAPTER 2 DIRECT MODIFICATION OF AGREEMENTS CONTRARY TO THIS ACT Equal pay etc 21 Equality clause in contract of employment 22 Equality clause in contract of employment: interpretation Other agreements contrary to this Part 23 Avoidance and revision of certain terms in agreements 24 Agreements to which section 23 does not apply   PART 3 MEASURES TO FACILITATE GENERAL PROGRESS TOWARDS EQUALITY Equality obligations in the public sector 25 Meaning of “public body” 26 Equality duties of public bodies 27 Implementation of equality duties Employment equity plans and pay equity plans 28 Meaning of “designated employer” and other terms 29 Workforce reviews 30 Employment equity plans 31 Pay equity plans 32 Reviews and plans: procedure and implementation 33 Reviews and plans: non-compliance and role of Central Arbitration Committee Duties to facilitate access etc by disabled persons 34 Work-related matters: reasonable accommodation for disabled persons 35 Education matters: disabled persons not to be substantially disadvantaged 36 Goods, facilities and services: adjustments for disabled persons 37 Alterations to premises under leases   PART 4 THE EQUALITY COMMISSION The Commission 38 The Equality Commission 39 The Commission's general duty 40 Financial arrangements 41 Reports to Parliament General functions 42 Acquisition of information etc 43 Provision of information etc to the public 44 Provision of information etc to Ministers and other public bodies 45 Codes of practice Assistance to others 46 Questionnaires relating to acts made unlawful by Part 2 47 Assistance to persons in connection with certain proceedings   PART 5 ENFORCEMENT CHAPTER 1 JURISDICTION 48 Matters referred to a tribunal 49 Education cases concerning admission to or exclusion from schools etc 50 Education cases brought on disability grounds 51 Immigration cases 52 Transfer to county court or sheriff's court 53 Proceedings involving matters of national security   CHAPTER 2 ENFORCEMENT BY COMMISSION Obtaining information 54 Commission powers to gather information 55 Restrictions on disclosure of information Co-operation 56 Obtaining undertakings Compliance notices: contraventions of Parts 2 and 3 of this Act 57 Commission's power to issue compliance notices 58 Compliance notices: procedure 59 Compliance notices: appeals 60 Compliance notices: enforcement Applications to tribunal: contraventions of Part 2 of this Act 61 Commission's power to make tribunal applications 62 Time limit for making tribunal applications 63 Tribunal applications: burden of proof 64 Tribunal applications: determination 65 Amount of awards 66 Persistent contraventions   CHAPTER 3 ENFORCEMENT BY INDIVIDUAL AND OTHERS Complaints to tribunal: contraventions of Part 2 67 Complaints under section 7: conciliation 68 Complaints under section 7: interim relief 69 Complaints under section 7: burden of proof 70 Complaints under section 7: determination 71 Amount of awards Tribunal references relating to equality clause 72 Equality clause: cases in which a tribunal reference may be made 73 Equality clause: time limits for bringing proceedings 74 Equality clause: determination 75 Limits on amount of awards   CHAPTER 4 PERSONS IN DEFAULT Enforcement of recommendations and orders 76 Enforcement of recommendations 77 Enforcement of tribunal orders Disqualification 78 Meaning of persons in default and linked persons 79 Power to disqualify from government contracts 80 Restriction on execution of works 81 Denial of financial assistance Disqualification: supplementary provisions 82 Disqualification notices: procedure 83 Disqualification notices: cancellation 84 Disqualification notices: appeals 85 Disqualification notices: enforcement 86 Actions for breach of statutory duty   CHAPTER 5 SUPPLEMENTAL 87 Tribunal references made out of time   PART 6 MISCELLANEOUS AND SUPPLEMENTAL 88 Interpretation 89 Application to the Crown 90 Application to Parliament 91 Payments out of the police fund 92 Repeals and consequential and transitional provision 93 Regulations and orders 94 Short title, commencement and extent Schedule 1 Definitions relating to meaning of disability Schedule 2 Protected areas of activity   Part 1 -General   Part 2 -Public authority functions   Part 3 -Acts in the employment field   Part 4 -Acts in the education field   Part 5 -Provision of goods, facilities and services   Part 6 -Disposal and management of premises   Part 7 -Management of members clubs   Part 8 -Exclusions applying to two or more areas of activity Schedule 3 Duty to facilitate access by disabled persons   Part 1 -Work-related matters: responsible bodies and qualifying persons   Part 2 -Work-related matters: other provisions   Part 3 -Education matters   Part 4 -Goods, facilities and services Schedule 4 The Equality Commission Schedule 5 Procedure for making codes of practice Schedule 6 Procedure of the Special Educational Needs and Disability Tribunal Schedule 7 Investigations Schedule 8 Repeals © Parliamentary copyright 2003 Prepared 16 January 2003 A-Z index Glossary 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