Equality Bill [HL]

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
29

(i)
in the case of premises to be occupied by households, more than
two households in addition to that of the landlord or his near
relative, or
(ii)
in the case of premises to be occupied by individuals, more than
six individuals in addition to the landlord or his near relative.
5
(2)
In subsection (1) “near relative” means—
(a)
spouse or civil partner,
(b)
parent or grandparent,
(c)
child or grandchild (whether or not legitimate),
(d)
the spouse or civil partner of a child or grandchild,
10
(e)
brother or sister (whether of full blood or half-blood), and
(f)
any of the relationships listed in paragraphs (b) to (e) above that arises
through marriage, civil partnership or adoption.
(3)
Section 49(1) and (5) shall not apply to the disposal of premises by a person
who—
15
(a)
owns an estate or interest in the premises,
(b)
occupies the whole of the premises,
(c)
does not use the services of an estate agent for the purposes of the
disposal, and
(d)
does not arrange for the publication of an advertisement for the
20
purposes of the disposal.
51
Educational establishments
(1)
It is unlawful for the responsible body of an educational establishment listed
in the Table to discriminate against a person—
(a)
in the terms on which it offers to admit him as a pupil,
25
(b)
by refusing to accept an application to admit him as a pupil, or
(c)
where he is a pupil of the establishment—
(i)
in the way in which it affords him access to any benefit, facility
or service,
(ii)
by refusing him access to a benefit, facility or service,
30
(iii)
by excluding him from the establishment, or
(iv)
by subjecting him to any other detriment.
(2)
It is unlawful for the responsible body of an educational establishment listed
in the Table to harass—
(a)
a pupil at the establishment, or
35
(b)
a person who applies to be admitted as a pupil.
(3)
In the application of this section to England and Wales—
(a)
an expression also used in any of the Education Acts (within the
meaning of section 578 of the Education Act 1996 (c. 56)) has the same
meaning as in that Act, and
40
(b)
“pupil” in relation to an establishment includes any person who
receives education at the establishment.
(4)
In the application of this section to Scotland, an expression also used in the
Education (Scotland) Act 1980 (c. 44) has the same meaning as in that Act.

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
30

Establishment
Responsible body

                               ENGLAND AND WALES

School maintained by a local
Local education authority or

education authority.
governing body.

Independent school (other than
Proprietor.

5

a special school).

Special school (not maintained
Proprietor.

by local education authority).

                                             SCOTLAND

Public school.
Education authority.

10

Grant-aided school.
Manager.

Independent school.
Proprietor.

52
Section 51: exceptions
(1)
Section 51(1) shall not apply in relation to—
(a)
a school designated under section 69(3) of the School Standards and
15
Framework Act 1998 (c. 31) (foundation or voluntary school with
religious character),
(b)
a school listed in the register of independent schools for England or for
Wales if the school’s entry in the register records that the school has a
religious ethos,
20
(c)
a school transferred to an education authority under section 16 of the
Education (Scotland) Act 1980 (c. 44) (transfer of certain schools to
education authorities) which is conducted in the interest of a church or
denominational body,
(d)
a school provided by an education authority under section 17(2) of that
25
Act (denominational schools),
(e)
a grant-aided school (within the meaning of that Act) which is
conducted in the interest of a church or denominational body, or
(f)
a school registered in the register of independent schools for Scotland
if the school—
30
(i)
admits only pupils who belong, or whose parents belong, to one
or more particular denominations, or
(ii)
is conducted in the interest of a church or denominational body.
(2)
Section 51(1)(c)(i), (ii) or (iv) or (2)(a) shall not apply in relation to anything
done in connection with—
35
(a)
the content of the curriculum, or
(b)
religious worship.
(3)
In the application of section 51(2) to an educational establishment falling
within subsection (1) above, conduct shall not be unlawful if it is necessary
having regard to the purpose of the establishment.
40
(4)
The Secretary of State may make regulations—

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
31

(a)
amending or repealing an exception in subsection (1), (2) or (3);
(b)
providing for an additional exception to section 51;
(c)
about the construction or application of section 46(3)(d) in relation to
section 51.
(5)
Regulations under subsection (3)—
5
(a)
may include transitional or incidental provision,
(b)
may make provision generally or only in respect of specified cases or
circumstances (which may, in particular, be defined by reference to
location),
(c)
may make different provision in respect of different cases or
10
circumstances (which may, in particular, be defined by reference to
location),
(d)
shall be made by statutory instrument,
(e)
may not be made unless the Secretary of State has consulted the
Scottish Ministers, the National Assembly for Wales and such other
15
persons as he thinks appropriate, and
(f)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
53
Local education authorities and education authorities
(1)
It is unlawful for a local education authority (in England and Wales) or an
20
education authority (in Scotland) in the exercise of their functions to
discriminate against a person.
(2)
It is unlawful for a local education authority (in England and Wales) or an
education authority (in Scotland) in the exercise of their functions to harass a
person.
25
(3)
In its application to local education authorities the prohibition in subsection (1)
shall not apply to—
(a)
the exercise of an authority’s functions under section 14 of the
Education Act 1996 (c. 56) (provision of schools),
(b)
the exercise of an authority’s functions in relation to transport,
30
(c)
the exercise of an authority’s functions under section 13 of that Act
(general responsibility for education) in so far as they relate to a matter
specified in paragraph (a) or (b) above, or
(d)
the exercise of functions as the responsible body for an establishment
listed in the Table in section 51.
35
(4)
In its application to education authorities the prohibition in subsection (1) shall
not apply to—
(a)
the exercise of an authority’s functions under section 17 of the
Education (Scotland) Act 1980 (c. 44) (provision etc. of schools),
(b)
the exercise of an authority’s functions in relation to transport,
40
(c)
the exercise of an authority’s functions under section 1 of that Act,
section 2 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) and
sections 4 and 5 of the Education (Additional Support for Learning)
(Scotland) Act 2004 (asp 4) (duties in relation to provision of education)
in so far as they relate to a matter specified in paragraph (a) or (b)
45
above,
(d)
the exercise of an authority’s functions under section 50(1) of the
Education (Scotland) Act 1980 (education of pupils in exceptional

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
32

circumstances) in so far as they consist of making arrangements of the
kind referred to in subsection (2) of that section, or
(e)
the exercise of functions as the responsible body for an establishment
listed in the Table in section 51.
54
Public authorities: general
5
(1)
It is unlawful for a public authority exercising a function to do any act which
constitutes discrimination or harassment.
(2)
In subsection (1)—
(a)
“public authority” includes any person who has functions of a public
nature (subject to subsections (3) and (4)), and
10
(b)
“function” means function of a public nature.
(3)
The prohibition in subsection (1) shall not apply to—
(a)
the House of Commons,
(b)
the House of Lords,
(c)
the authorities of either House of Parliament,
15
(d)
the Security Service,
(e)
the Secret Intelligence Service,
(f)
the Government Communications Headquarters, or
(g)
a part of the armed forces of the Crown which is, in accordance with a
requirement of the Secretary of State, assisting the Government
20
Communications Headquarters.
(4)
The prohibition in subsection (1) shall not apply to—
(a)
the exercise of a judicial function (whether in connection with a court
or a tribunal),
(b)
anything done on behalf of or on the instructions of a person exercising
25
a judicial function (whether in connection with a court or a tribunal),
(c)
preparing, passing (or making), confirming, approving or considering
an enactment (including legislation made by or by virtue of a Measure
of the General Synod of the Church of England),
(d)
the making of an instrument by a Minister of the Crown under an
30
enactment,
(e)
the making of an instrument by the Scottish Ministers or a member of
the Scottish Executive under an enactment,
(f)
a decision to refuse entry clearance or to vary leave to enter or remain
in the United Kingdom, in accordance with the Immigration Acts, or
35
anything done for the purposes of or in pursuance of a decision of that
kind,
(g)
a decision not to institute or continue criminal proceedings (and
anything done for the purpose of reaching, or in pursuance of, such a
decision),
40
(h)
action in relation to—
(i)
the curriculum of an educational institution,
(ii)
admission to an educational institution which has a religious
ethos (but this exception does not have effect in relation to
harassment),
45
(iii)
religious worship in an educational institution,

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
33

(iv)
the governing body of an educational institution which has a
religious ethos (but this exception does not have effect in
relation to harassment),
(v)
transport to or from an educational institution (but this
exception does not have effect in relation to harassment), or
5
(vi)
the establishment, alteration or closure of educational
institutions (but this exception does not have effect in relation to
harassment),
(i)
the exercise of the power under section 2 of the Local Government Act
2000 (c. 22) (promotion of well-being), or
10
(j)
action which—
(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
15
other than section 48, or by virtue of a provision of those
regulations, but for an express exception.
(5)
In an action under section 67 in respect of a contravention of this section—
(a)
the court shall not grant an injunction unless satisfied that it will not
prejudice criminal proceedings or a criminal investigation, and
20
(b)
the court shall grant any application to stay the section 67 proceedings
on the grounds of prejudice to criminal proceedings or to a criminal
investigation, unless satisfied that the proceedings or investigation will
not be prejudiced.
(6)
Section 71(4) shall not apply in relation to a reply, or a failure to reply, to a
25
question in connection with an alleged contravention of this section—
(a)
if the respondent or potential respondent reasonably asserts that to
have replied differently or at all might have prejudiced criminal
proceedings or a criminal investigation,
(b)
if the respondent or potential respondent reasonably asserts that to
30
have replied differently or at all would have revealed the reason for not
instituting or not continuing criminal proceedings,
(c)
where the reply is of a kind specified for the purposes of this paragraph
by order of the Secretary of State,
(d)
where the reply is given in circumstances specified for the purposes of
35
this paragraph by order of the Secretary of State, or
(e)
where the failure occurs in circumstances specified for the purposes of
this paragraph by order of the Secretary of State.
(7)
In this section—
“criminal investigation” means—
40
(a)
an investigation into the commission of an alleged offence, and
(b)
a decision whether to institute criminal proceedings, and
“enactment” includes an Act of the Scottish Parliament.
(8)
An order under subsection (6)(c) to (e)—
(a)
may include transitional or incidental provision,
45
(b)
may make provision generally or only for specified cases or
circumstances,
(c)
may make different provision for different cases or circumstances,
(d)
shall be made by statutory instrument, and

Equality Bill [HL]
Part 2 — Discrimination on grounds of religion or belief
34

(e)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
(9)
In the application of this section to proceedings in Scotland—
(a)
a reference to the court shall be taken as a reference to the sheriff,
(b)
a reference to an injunction shall be taken as a reference to an interdict,
5
(c)
a reference to staying proceedings shall be taken as a reference to
sisting proceedings, and
(d)
a reference to the respondent or potential respondent shall be taken as
a reference to the defender or potential defender.
Other unlawful acts
10
55
Discriminatory practices
(1)
It is unlawful for a person to operate a practice which would be likely to result
in unlawful discrimination if applied to persons of any religion or belief.
(2)
It is unlawful for a person to adopt or maintain a practice or arrangement in
accordance with which in certain circumstances a practice would be operated
15
in contravention of subsection (1).
(3)
In this section “unlawful discrimination” means discrimination which is
unlawful by virtue of any of sections 48 to 54.
(4)
Proceedings in respect of a contravention of this section may be brought only—
(a)
by the Commission for Equality and Human Rights, and
20
(b)
in accordance with sections 22 to 26.
56
Discriminatory advertisements
(1)
It is unlawful to publish an advertisement, or to cause an advertisement to be
published, if it indicates (expressly or impliedly) an intention by any person to
discriminate unlawfully.
25
(2)
In subsection (1) the reference to unlawful discrimination is a reference to
discrimination which is unlawful by virtue of any of sections 48 to 54.
(3)
Proceedings in respect of a contravention of subsection (1) may be brought
only—
(a)
by the Commission for Equality and Human Rights, and
30
(b)
in accordance with section 27.
(4)
A person who publishes an advertisement shall not be liable in proceedings
under that section in respect of the publication of the advertisement if he
proves that—
(a)
he published in reliance on a statement, made by a person causing the
35
advertisement to be published, that subsection (1) would not apply,
and
(b)
that it was reasonable to rely on that statement.
(5)
A person commits an offence if he knowingly or recklessly makes a false
statement of the kind mentioned in subsection (4)(a).
40
(6)
A person guilty of an offence under subsection (5) shall be liable on summary
conviction to a fine not exceeding level 5 on the standard scale.