Equality Bill [HL]

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
22

39
Transfer of property, &c.
(1)
An order under section 38(1) in respect of any of the former Commissions may
provide for the transfer to the Commission for Equality and Human Rights of
specified property, rights and liabilities of the former Commission.
(2)
The Secretary of State may give a former Commission any direction that the
5
Secretary of State thinks appropriate in connection with the dissolution of the
former Commission or the establishment of the Commission for Equality and
Human Rights; and a direction may, in particular, require the former
Commission—
(a)
to provide information in connection with property, rights or liabilities;
10
(b)
to provide information in connection with the exercise of functions;
(c)
to transfer specified property, rights and liabilities to a specified
person;
(d)
to make property, staff or facilities available, on such terms or
conditions as may be specified in the direction, to the Commission for
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Equality and Human Rights;
(e)
not to take action of a specified kind or in specified circumstances.
(3)
The Secretary of State may direct a former Commission to prepare a scheme for
the transfer of specified property, rights and liabilities to—
(a)
the Commission for Equality and Human Rights, or
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(b)
another person specified in the direction.
(4)
If the Secretary of State gives a direction under subsection (3)—
(a)
the former Commission shall prepare a scheme in accordance with the
direction, having consulted either the Commission for Equality and
Human Rights or the person specified under subsection (3)(b), and
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(b)
the scheme shall have effect—
(i)
when approved by the Secretary of State, and
(ii)
subject to any modifications made by him, having consulted the
former Commission and either the Commission for Equality
and Human Rights or the person specified under subsection
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(3)(b).
(5)
Where a former Commission ceases to exist by virtue of section 38(1)(a), its
property, rights and liabilities shall by virtue of this subsection vest in the
Commission for Equality and Human Rights (and this subsection operates in
addition to any transfer provided for by virtue of subsection (1) above).
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(6)
An order, direction or scheme under or by virtue of this section may, in
particular—
(a)
specify property, rights or liabilities;
(b)
specify a class or description of property, rights or liabilities;
(c)
specify property, rights or liabilities to a specified extent.
40
40
Transfer of property: supplemental
(1)
A direction under section 39—
(a)
shall be in writing,
(b)
may be given only following consultation with the former Commission
to which the direction relates and, where the Secretary of State thinks it
45
appropriate, the Commission for Equality and Human Rights, and

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Part 1 — The Commission for Equality and Human Rights
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(c)
may be varied or revoked by a further direction.
(2)
In so far as is appropriate as a consequence of a transfer effected by or by virtue
of section 39—
(a)
anything done by or in relation to any of the former Commissions
which has effect immediately before the transfer shall continue to have
5
effect as if done by or in relation to the Commission for Equality and
Human Rights, and
(b)
anything (including any legal proceedings) which immediately before
the transfer is in the process of being done by or in relation to any of the
former Commissions may be continued by or in relation to the
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Commission for Equality and Human Rights.
(3)
In so far as is appropriate in consequence of a transfer effected by or by virtue
of section 39 a reference to any of the former Commissions in an agreement,
instrument or other document shall be treated as a reference to the
Commission for Equality and Human Rights.
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(4)
Section 39, and a direction, scheme or order under or by virtue of that section,
shall operate in relation to property, rights or liabilities—
(a)
whether or not they would otherwise be capable of being transferred,
(b)
without any instrument or other formality being required, and
(c)
irrespective of any requirement for consent that would otherwise
20
apply.
(5)
A scheme or order under or by virtue of section 39 which relates to rights or
liabilities under a contract of employment—
(a)
must provide for the application of the Transfer of Undertakings
(Protection of Employment) Regulations 1981 (S.I. 1981/1794), and
25
(b)
must provide that for any purpose relating to an employee of a former
commission who becomes an employee of the Commission for Equality
and Human Rights by virtue of the scheme or order—
(i)
a period of employment with the former commission shall be
treated as a period of employment with the Commission for
30
Equality and Human Rights, and
(ii)
the transfer to that Commission shall not be treated as a break
in service.
Miscellaneous
41
Orders and regulations
35
(1)
An order of a Minister of the Crown under this Part and regulations under this
Part shall be made by statutory instrument.
(2)
An order of a Minister of the Crown under this Part and regulations under this
Part—
(a)
may make provision generally or only for specified purposes,
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(b)
may make different provision for different purposes, and
(c)
may include transitional, incidental or consequential provision.
(3)
An order or regulations under any of the following provisions shall be subject
to annulment in pursuance of a resolution of either House of Parliament—
(a)
section 30,
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Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(b)
section 31,
(c)
section 38, and
(d)
Part 5 of Schedule 1.
(4)
An order under section 11(5), 16(5), 29(9) or 35(3)—
(a)
may, in particular, make consequential amendment of an enactment
5
(including this Act and including an enactment in or under an Act of
the Scottish Parliament), and
(b)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(5)
An incidental provision included in an order or regulations by virtue of
10
subsection (2)(c) may, in particular, impose a requirement for consent to action
under or by virtue of the order or regulations.
42
Consequential amendments
Schedule 3 (consequential amendments) shall have effect.
43
Transitional: the Commission
15
(1)
If an order under section 92 provides for any of sections 1 to 3 and Schedule 1
to come into force (to any extent) at a time before any of sections 8 to 34 come
into force (to any extent)—
(a)
the period between that time and the commencement of any of sections
8 to 34 (to any extent) is the “transitional period” for the purposes of this
20
section, and
(b)
the following provisions of this section shall have effect.
(2)
During the transitional period the minimum number of Commissioners shall
be five (and not as provided by paragraph 1 of Schedule 1).
(3)
The Secretary of State shall, as soon as is reasonably practicable after making
25
the first appointments under that paragraph, appoint as additional members
of the Commission (to be known as Transition Commissioners)—
(a)
a commissioner of the Equal Opportunities Commission nominated by
its chairman,
(b)
a commissioner of the Commission for Racial Equality nominated by its
30
chairman, and
(c)
a commissioner of the Disability Rights Commission nominated by its
chairman.
(4)
A person may nominate himself as a Transition Commissioner.
(5)
If a Transition Commissioner ceases to be a commissioner of the Commission
35
whose chairman nominated him—
(a)
he shall cease to be a Transition Commissioner,
(b)
the chairman of that Commission shall nominate a replacement, and
(c)
the Secretary of State shall appoint the nominated replacement.
(6)
A person shall hold appointment as a Transition Commissioner until a time
40
specified by order of the Secretary of State (subject to subsection (5)); and the
Secretary of State shall specify a time which in his opinion is not more than two
years after the time when, by virtue of section 38, the Commission whose
chairman nominated the Transition Commissioner—

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Part 2 — Discrimination on grounds of religion or belief
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(a)
ceases to exist, or
(b)
loses its principal functions.
(7)
In all other respects the provisions of this Part apply in relation to a Transition
Commissioner as in relation to another Commissioner.
(8)
The Transition Commissioner nominated by the chairman of the Disability
5
Rights Commission shall vacate office upon the commencement for all
purposes of—
(a)
section 8, in so far as it relates to disability, and
(b)
section 10;

and subsection (6) is subject to this subsection.
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44
Transitional: functions of the dissolved Commissions
(1)
An order under section 38(1)(a) or (b) may—
(a)
provide for a former Commission to continue to exercise a function in
respect of a transitional case of a kind specified;
(b)
provide for the Commission for Equality and Human Rights to exercise
15
a function of a former Commission in respect of a transitional case of a
kind specified.
(2)
An order under section 92 commencing a provision of Schedule 3 or 4 may
include a saving or a consequential or incidental provision for the purpose of
the operation of provision made by virtue of subsection (1) above; and the
20
saving, consequential or incidental provision may, in particular, include
provision applying, disapplying or modifying the application of a provision of
this Act or of another enactment (including an enactment in or under an Act of
the Scottish Parliament).
(3)
A code of practice issued by a Commission dissolved by virtue of section 38, or
25
which relates to a function of a Commission removed by virtue of section
38(1)(b)—
(a)
shall continue to have effect until revoked by the Secretary of State, at
the request of the Commission for Equality and Human Rights, by
order made by statutory instrument, and
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(b)
may be revised by the Commission for Equality and Human Rights as
if it had been issued under section 15.
(4)
Consultation undertaken by a former Commission in relation to the issue or
revision of a code of practice may be relied upon by the Commission for
Equality and Human Rights for a purpose of section 15.
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Part 2
Discrimination on grounds of religion or belief
Key concepts
45
Religion and belief
In this Part—
40
(a)
“religion” means any religion,
(b)
“belief” means any religious or philosophical belief,

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Part 2 — Discrimination on grounds of religion or belief
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(c)
a reference to religion includes a reference to lack of religion, and
(d)
a reference to belief includes a reference to lack of belief.
46
Discrimination
(1)
A person (“A”) discriminates against another (“B”) for the purposes of this Part
if on grounds of religion or belief A treats B less favourably than he treats or
5
would treat others (in cases where there is no material difference in the
relevant circumstances).
(2)
In subsection (1) the reference to religion or belief is a reference to—
(a)
a religion or belief of B or of any other person except A, and
(b)
a religion or belief to which B or any other person except A is thought
10
to belong or subscribe.
(3)
A person (“A”) discriminates against another (“B”) for the purposes of this Part
if A applies to B a requirement, condition or practice—
(a)
which he applies or would apply equally to persons not of B’s religion
or belief,
15
(b)
which puts persons of B’s religion or belief at a disadvantage compared
to some or all others (where there is no material difference in the
relevant circumstances),
(c)
which puts B at a disadvantage compared to some or all persons who
are not of his religion or belief (where there is no material difference in
20
the relevant circumstances), and
(d)
which A cannot reasonably justify by reference to matters other than
B’s religion or belief.
(4)
A person (“A”) discriminates against another (“B”) if A treats B less favourably
than he treats or would treat another and does so by reason of the fact that, or
25
by reason of A’s knowledge or suspicion that, B—
(a)
has brought or intended to bring, or intends to bring, proceedings
under this Part,
(b)
has given or intended to give, or intends to give, evidence in
proceedings under this Part,
30
(c)
has provided or intended to provide, or intends to provide, information
in connection with proceedings under this Part,
(d)
has done or intended to do, or intends to do, any other thing under or
in connection with this Part, or
(e)
has alleged or intended to allege, or intends to allege, that a person
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contravened this Part.
(5)
Subsection (4) does not apply where A’s treatment of B relates to B’s making
or intending to make, not in good faith, a false allegation.
47
Harassment
(1)
For the purposes of this Part a person (“A”) harasses another (“B”) if on
40
grounds of religion or belief A does anything which has the purpose or effect
of—
(a)
violating B’s dignity, or
(b)
creating an intimidating, hostile, degrading, humiliating or offensive
environment for B.
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Part 2 — Discrimination on grounds of religion or belief
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(2)
In subsection (1)—
(a)
“religion or belief” means a religion or belief of B or of any other person
except A, and
(b)
a reference to a person’s religion or belief includes a reference to a
religion or belief to which he is thought to belong or subscribe.
5
(3)
Action by A shall be regarded as having the effect described in subsection (1)(a)
or (b) only if it should reasonably be regarded as having that effect having
regard to—
(a)
B’s perception, and
(b)
all the other circumstances.
10
(4)
Where B wants A to do something, it is not harassment for the purposes of
subsection (1).
Prohibited discrimination and harassment
48
Goods, facilities and services
(1)
It is unlawful for a person (“A”) concerned with the provision to the public or
15
a section of the public of goods, facilities or services to discriminate against a
person (“B”) who seeks to obtain or use those goods, facilities or services—
(a)
by refusing to provide B with goods, facilities or services,
(b)
by refusing to provide B with goods, facilities or services of a quality
which is the same as or similar to the quality of goods, facilities or
20
services that A normally provides to—
(i)
the public, or
(ii)
a section of the public to which B belongs,
(c)
by refusing to provide B with goods, facilities or services in a manner
which is the same as or similar to that in which A normally provides
25
goods, facilities or services to—
(i)
the public, or
(ii)
a section of the public to which B belongs, or
(d)
by refusing to provide B with goods, facilities or services on terms
which are the same as or similar to the terms on which A normally
30
provides goods, facilities or services to—
(i)
the public, or
(ii)
a section of the public to which B belongs.
(2)
Subsection (1) applies, in particular, to—
(a)
access to and use of a place which the public are permitted to enter,
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(b)
accommodation in a hotel, boarding house or similar establishment,
(c)
facilities by way of banking or insurance or for grants, loans, credit or
finance,
(d)
facilities for entertainment, recreation or refreshment,
(e)
facilities for transport or travel, and
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(f)
the services of a profession or trade.
(3)
Where a skill is commonly exercised in different ways in relation to or for the
purposes of different religions or beliefs, a person who normally exercises it in
relation to or for the purpose of a religion or belief does not contravene
subsection (1) by—
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Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
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(a)
insisting on exercising the skill in the way in which he exercises it in
relation to or for the purposes of that religion or belief, or
(b)
if he reasonably considers it impracticable to exercise the skill in that
way in relation to or for the purposes of another religion or belief, to
refuse to exercise it in relation to or for the purposes of that other
5
religion or belief.
(4)
Subsection (1)—
(a)
does not apply in relation to the provision of goods, facilities or services
by a person exercising a public function, and
(b)
does not apply to discrimination in relation to the provision of goods,
10
facilities or services if discrimination in relation to that provision—
(i)
is unlawful by virtue of another provision of this Part or by
virtue of a provision of the Employment Equality (Religion or
Belief) Regulations 2003 (S.I. 2003/1660), or
(ii)
would be unlawful by virtue of another provision of this Part or
15
of those regulations but for an express exception.
(5)
For the purposes of subsection (1) it is immaterial whether or not a person
charges for the provision of goods, facilities or services.
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Premises
(1)
It is unlawful for a person to discriminate against another—
20
(a)
in the terms on which he offers to dispose of premises to him,
(b)
by refusing to dispose of premises to him, or
(c)
in connection with a list of persons requiring premises.
(2)
It is unlawful for a person managing premises to discriminate against an
occupier—
25
(a)
in the manner in which he provides access to a benefit or facility,
(b)
by refusing access to a benefit or facility,
(c)
by evicting him, or
(d)
by subjecting him to another detriment.
(3)
It is unlawful for a person managing premises to harass an occupier.
30
(4)
It is unlawful for a person concerned in the disposal of premises to harass a
person who applies to occupy premises.
(5)
It is unlawful for a person to discriminate against another by refusing
permission for the disposal of premises to him.
(6)
This section applies only to premises in Great Britain.
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50
Section 49: exceptions
(1)
Section 49(1), (2) and (5) shall not apply to anything done in relation to the
disposal or management of part of premises by a person (“the landlord”) if—
(a)
the landlord or a near relative resides, and intends to continue to reside,
in another part of the premises,
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(b)
the premises include parts (other than storage areas and means of
access) shared by residents of the premises, and
(c)
the premises are not normally sufficient to accommodate—