New Equality Bill PDF

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
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 2009. 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.
Background and summary
Background
4. Domestic discrimination law has developed over more than 40 years since the
first Race Relations Act in 1965. 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
• 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 2007.
6. 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
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
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 SUMMARY
Part 1 Imposes a duty on certain public authorities to have due regard to socio-
economic considerations in deciding their strategic priorities.
Part 2 Establishes the key concepts on which the Bill is based including:
including
Schedule 1 • 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 Makes it unlawful to discriminate against, harass or victimise a person

including when providing a service (which includes the provision of goods or
Schedules 2 facilities) or when exercising a public function.
and 3
Eiv
Part 4 Makes it unlawful to discriminate against, harass or victimise a person
including when disposing of (for example, by selling or letting) or managing premises.
Schedules 4
and 5
Part 5 Makes it unlawful to discriminate against, harass or victimise a person at

including work or in employment services. Also contains provisions relating to equal
Schedules 6, 7, pay between men and women; pregnancy and maternity pay; provisions
8 and 9 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.
Part 6 Makes it unlawful for education bodies to discriminate against, harass or

including victimise a school pupil or student or applicant for a place.
Schedules 10,
11, 12, 13 and
14
Part 7 Makes it unlawful for associations (for example, private clubs and political
including organisations) to discriminate against, harass or victimise members,
Schedules 15 associates or guests.
and 16
Part 8 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.
Part 9 Deals with enforcement of the Bill’s provisions, through the civil courts (in
including relation to services and public functions; premises; education; and
Schedule 17 associations) and the employment tribunals (in relation to work and related
areas, and equal pay).
Part 10 Makes terms in contracts, collective agreements or rules of undertakings

unenforceable or void if they result in unlawful discrimination, harassment
or victimisation.
Ev
Part 11 Establishes a general duty on public authorities to have due regard, when
including carrying out their functions, to the need: to eliminate unlawful
Schedules 18 discrimination, harassment or victimisation; to advance equality of
and 19 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 Requires taxis, other private hire vehicles, public service vehicles (such as
including buses) and rail vehicles to be accessible to disabled people and to allow
Schedule 20 them to travel in reasonable comfort.
Part 13 Deals with consent to make reasonable adjustments to premises and

including improvements to let dwelling houses.
Schedule 21
Part 14 Establishes exceptions to the prohibitions in the earlier parts of the Bill in
including relation to a range of conduct, including action required by an enactment;
Schedules 22 protection of women; educational appointments; national security; the
and 23 provision of benefits by charities and sporting competitions.
Part 15 Contains a power for a Minister of the Crown to harmonise certain

including provisions in the Bill with changes required to comply with EU obligations.
Schedules 24, Also contains general provisions on application to the Crown, subordinate
25, 26, 27 and legislation, interpretation, commencement and extent.
28
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
£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
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
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
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
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 cross-
border 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 1998. 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
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 2010.
37. The remainder will be brought into force on a day or days appointed by
commencement order made by a Minister of the Crown.
Exii
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
PROTECTED CHARACTERISTICS
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
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
Adjustments for disabled persons

19 Duty to make adjustments
20 Failure to comply with duty
21 Regulations
Discrimination: supplementary
22 Comparison by reference to circumstances
23 References to particular strands of discrimination
Other prohibited conduct

24 Harassment
25 Victimisation
PART 3
SERVICES AND PUBLIC FUNCTIONS
Preliminary
26 Application of this Part
Provision of services, etc.

27 Provision of services, etc.
Supplementary
28 Ships and hovercraft
29 Interpretation and exceptions
PART 4
PREMISES
Preliminary
Disposal and management

31 Disposals, etc.
32 Permission for disposal
33 Management
Reasonable adjustments
34 Leasehold and commonhold premises and common parts
Supplementary
ii
PART 5
WORK
CHAPTER 1
EMPLOYMENT, ETC.
Employees
36 Employees and applicants
37 Employees and applicants: harassment
38 Contract workers
Police officers
39 Identity of employer
40 Interpretation
Partners
41 Partnerships
42 Limited liability partnerships
43 Interpretation
The Bar
44 Barristers
45 Advocates
Office-holders
46 Personal offices: appointments, etc.
47 Public offices: appointments, etc.
48 Public offices: recommendations for appointments, etc.
Qualifications
50 Qualifications bodies
51 Interpretation
Employment services
52 Employment service-providers
53 Interpretation
Trade organisations
54 Trade organisations
Local authority members

55 Official business of members
iii
56 Interpretation
CHAPTER 2
OCCUPATIONAL PENSION SCHEMES
57 Non-discrimination rule
58 Communications
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

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
CHAPTER 4
SUPPLEMENTARY

77 Offshore work
iv
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 1996
83 Disabled pupils: accessibility
CHAPTER 2
FURTHER AND HIGHER EDUCATION

86 Students: admission and treatment, etc.
87 Further and higher education courses
88 Recreational or training facilities
CHAPTER 3
GENERAL QUALIFICATIONS BODIES

92 Interpretation
CHAPTER 4
MISCELLANEOUS
93 Reasonable adjustments
94 Educational charities and endowments
PART 7
ASSOCIATIONS
Preliminary
Membership, etc.
96 Members and associates
97 Guests
98 Sections 96 and 97: further provision
v
Special provision for political parties

99 Selection of candidates
100 Time-limited provision
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 1
INTRODUCTORY
107 Proceedings
CHAPTER 2
CIVIL COURTS
108 Jurisdiction
109 Immigration cases
110 Education cases
111 National security
112 Time limits
113 Remedies
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
CHAPTER 4
EQUALITY OF TERMS
121 Jurisdiction
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 1
PUBLIC SECTOR EQUALITY DUTY
143 Public sector equality duty
vii
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
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 4
SUPPLEMENTARY
181 Forgery etc.
PART 13
DISABILITY: MISCELLANEOUS

183 Improvements to let dwelling houses
PART 14
GENERAL EXCEPTIONS
184 Statutory provisions

186 Charities
187 Charities: supplementary
188 Sport
189 General
190 Age
PART 15
GENERAL AND MISCELLANEOUS
Community obligations
191 Harmonisation
Application
192 Crown application
193 Information society services
Subordinate legislation
194 Exercise of power
195 Ministers of the Crown
196 The Welsh Ministers
ix
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
Final provisions
202 Money
203 Commencement
204 Extent
205 Short title
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
Schedule 12 — Further and higher education exceptions

Part 1 — Single-sex institutions, etc.
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 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
EXPLANATORY NOTES
COMMENTARY ON CLAUSES
Part 1 : socio-economic inequalities
Clause 1: Public sector duty regarding socio-economic inequalities
Effect
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.
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
E1 the sustainable community strategy for an area, when they are drawing up that strategy. These
Equality Bill
Part 1 — Socio-economic inequalities
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 5
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 prohibit 10
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. 15
B by the Queen’s most Excellent Majesty, by and with the advice and
E IT ENACTED
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) 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
EXPLANATORY NOTES
partner public authorities are specified in the Local Government and Public Involvement in
Health Act 2007.
40. 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.
Background
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 socio-
economic 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 1
Effect
43. 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
Equality Bill
(b) a government department other than the Security Service, the Secret
Intelligence Service or the Government Communications Head-
quarters;
(c) a county council or district council in England;
(d) the Greater London Authority; 5
(e) a London borough council;
(f) the Common Council of the City of London in its capacity as a local
authority;
(g) the Council of the Isles of Scilly;
(h) a Strategic Health Authority established under section 13 of the 10
National Health Service Act 2006, or continued in existence by virtue of
that section;
(i) a Primary Care Trust established under section 18 of that Act, or
continued in existence by virtue of that section;
(j) a regional development agency established by the Regional 15
Development Agencies Act 1998;
(k) 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 2000.
(6) The reference to functions in subsection (1) does not include any functions 30
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 inequalities 35
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 1999.

(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
EXPLANATORY NOTES
Background
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
Effect
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
Equality Bill
(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 Welsh 10
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 whose 15
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) of 20
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 in 25
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 the 30
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 the 35
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
EXPLANATORY NOTES
Background
Examples
• An individual feels that the socio-economic disadvantages he faces should entitle him
to a flat in a new social housing development, ahead of those whom he judges to be
less disadvantaged. However, there is no provision in this Bill for him to bring a case
against the local council or other public authority in such circumstances.
Part 2: key concepts
Chapter 1: Protected characteristics
Clause 4: The protected characteristics
Effect
48. This clause lists the characteristics that are protected by subsequent provisions in the
Bill.
Background
49. The protected characteristics listed are the same as those currently protected by
discrimination legislation in Great Britain.
Clause 5: Age
Effect
50. This clause establishes that where the Bill refers to the protected characteristic of age,
it means a person belonging to a particular age group. An age group includes people of the
same age and people of a range of ages. Where people fall in the same age group they share
the protected characteristic of age.
Background
51. This clause replaces a provision in the Employment Equality (Age) Regulations 2006.
Examples
• An age group would include “over fifties” or twenty-one year olds.
E4
Equality Bill
Part 2 — Equality: key concepts
Chapter 1 — Protected characteristics
PART 2
CHAPTER 1
4 The protected characteristics 5

The following characteristics are protected characteristics—
age;
disability;
gender reassignment;
marriage and civil partnership; 10
pregnancy and maternity;
race;
religion or belief;
sex;
sexual orientation. 15
5 Age
(1) In relation to the protected characteristic of age—
(a) a reference to a person who has a particular protected characteristic is
a reference to a person of a particular age group;
(b) a reference to persons who share a protected characteristic is a 20
reference to persons of the same age group.
(2) A reference to an age group is a reference to a group of persons defined by
reference to age, whether by reference to a particular age or to a range of ages.
4
EXPLANATORY NOTES
• A person aged twenty-one does not share the same characteristic of age with “people
in their forties”. However, a person aged twenty-one and people in their forties can
share the characteristic of being “under fifty”.
Clause 6: Disability
Effect
52. This clause establishes who is to be considered as having the protected characteristic
of disability and is a disabled person for the purposes of the Bill. With Schedule 1 and
regulations to be made under that Schedule, it will also establish what constitutes a disability.
Where people have the same disability, they share the protected characteristic of disability.
53. It provides for Ministers to issue statutory guidance to help those who need to decide
whether a person has a disability for the purposes of the Bill.
Background
54. This clause, Schedule 1, and regulations to be made under Schedule 1 replaces similar
provisions in the Disability Discrimination Act 1995 and provisions in secondary legislation
made under that Act.
Examples
• A man works in a warehouse, loading and unloading heavy stock. He develops a long-
term heart condition and no longer has the ability to lift or move heavy items of stock
at work. Lifting and moving such heavy items is not a normal day-to-day activity.
However, he is also unable to lift, carry or move moderately heavy everyday objects
such as chairs, at work or around the home. This is an adverse effect on a normal day-
to-day activity. He is likely to be considered a disabled person for the purposes of the
Bill.
• A young woman has developed colitis, an inflammatory bowel disease. The condition
is a chronic one which is subject to periods of remissions and flare-ups. During a
flare-up she experiences severe abdominal pain and bouts of diarrhoea. This makes it
very difficult for her to travel or go to work. This has a substantial adverse effect on
her ability to carry out normal day-to-day activities. She is likely to be considered a
disabled person for the purposes of the Bill.
Clause 7: Gender reassignment
Effect
55. This clause defines the protected characteristic of gender reassignment for the
purposes of the Bill as where a person has proposed, started or completed a process to change
his or her sex. A transsexual person has the protected characteristic of gender reassignment.
56. The clause also explains that a reference to people who have or share the common
characteristic of gender reassignment is a reference to all transsexual people. A woman
transitioning to being a man and a man transitioning to being a woman both share the
characteristic of gender reassignment, as does a person who has only just started out on the
process of changing his or her sex and a person who has completed the process.
E5
Equality Bill
6 Disability
(1) A person (P) has a disability if—
(a) P has a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on P’s
ability to carry out normal day-to-day activities. 5
(2) A reference to a disabled person is a reference to a person who has a disability.
(3) In relation to the protected characteristic of disability—
(a) a reference to a person who has a protected characteristic is a reference
to a person who has a particular disability;
reference to persons who have the same disability.
(4) This Act (except Part 12 and section 183) applies in relation to a person who has
had a disability as it applies in relation to a person who has the disability;
accordingly, except in that Part and that section—
(a) a reference (however expressed) to a person who has a disability 15
includes a reference to a person who has had the disability;
(b) a reference (however expressed) to a person who does not have a
disability includes a reference to a person who has not had the
disability.
(5) A Minister of the Crown may issue guidance about matters to be taken into 20
account in deciding any question for the purposes of subsection (1).
(6) Schedule 1 (disability: supplementary provision) has effect.
(1) A person has the protected characteristic of gender reassignment if the person
is proposing to undergo, is undergoing or has undergone a process (or part of 25
a process) for the purpose of reassigning the person’s sex by changing
physiological or other attributes of sex.
(2) A reference to a transsexual person is a reference to a person who has the
protected characteristic of gender reassignment.
(3) In relation to the protected characteristic of gender reassignment— 30
5
EXPLANATORY NOTES
Background
57. This clause replaces similar provisions in the Sex Discrimination Act 1975 but
changes the definition by no longer requiring a person to be under medical supervision to
come within it.
Examples
• A person who was born physically male decides to spend the rest of his life living as a
woman. He declares his intention to his manager at work, who makes appropriate
arrangements, and she then starts life at work and home as a woman. After discussion
with her doctor and a Gender Identity Clinic, she starts hormone treatment and after
several years she goes through gender reassignment surgery. She would be undergoing
gender reassignment for the purposes of the Bill.
• An unemployed person who was born physically female decides to spend the rest of
her life as a man. He starts and continues to live as a man. He decides not to seek
medical advice as he successfully ‘passes’ as a man without the need for any medical
intervention. He would be undergoing gender reassignment for the purposes of the
Bill.
Clause 8: Marriage and civil partnership
Effect
58. This clause defines the protected characteristic of marriage and civil partnership.
People who are not married or civil partners do not have this characteristic.
59. The clause also explains that people who have or share the common characteristics of
being married or of being a civil partner can be described as being in a marriage or civil
partnership. A married man and a woman in a civil partnership both share the protected
characteristic of marriage and civil partnership.
Background
60. This clause replaces similar provisions in the Sex Discrimination Act 1975.
Examples
• A person who is engaged to be married is not married and therefore does not have this
protected characteristic.
• A divorcee or a person whose civil partnership has been dissolved is not married or in
a civil partnership and therefore does not have this protected characteristic.
Clause 9: Race
Effect
61. This clause defines the protected characteristic of race. For the purposes of the Bill,
“race” includes colour, nationality and ethnic or national origin.
E6
Equality Bill
a reference to a transsexual person;
(b) a reference to persons who share a protected characteristic is a
reference to transsexual persons.
8 Marriage and civil partnership 5

(1) A person has the protected characteristic of marriage and civil partnership if
the person is married or a civil partner.
(2) In relation to the protected characteristic of marriage and civil partnership—
a reference to a person who is married or is a civil partner; 10
reference to persons who are married or are civil partners.
9 Race
(1) Race includes—
6
EXPLANATORY NOTES
62. The clause explains that people who have or share characteristics of colour,
nationality or ethnic or national origin can be described as belonging to a particular racial
group. A racial group can be made up of two or more different racial groups.
Background
63. This clause replaces similar provisions in the Race Relations Act 1976.
Examples
• Colour includes being black or white.
• Nationality includes being a British, Australian or Swiss citizen.
• Ethnic or national origin includes being from a Roma background or of Chinese

heritage.
• A racial group could be “black Britons” which would encompass those people who
are both black and who are British citizens.
Clause 10: Religion or belief
Effect
64. This clause defines the protected characteristic of religion or philosophical belief or
lack of such religion or belief. It is a broad definition in line with Article 9 of the European
Convention on Human Rights. The main limitation for the purposes of Article 9 is that the
religion or belief must have a clear structure and belief system. Denominations or sects within
a religion can be considered to be a religion or belief, such as Protestants and Catholics within
Christianity. Political beliefs and beliefs in scientific theories are not religious or
philosophical beliefs for these purposes. This clause provides that people who are of the same
religion or belief share the protected characteristic of religion or belief. Depending on the
context this could mean people who, for example, share the characteristic of being Protestant
or people who share the characteristic of being Christian.
Background
65. This clause replaces similar provisions in the Employment Equality (Religion or
Belief) Regulations 2003 and the Equality Act 2006.
Examples
• The Baha’i faith, Buddhism, Christianity, Hinduism, Islam, Jainism, Judaism,

Rastafarianism, Sikhism and Zoroastrianism are all religions for the purposes of this
provision.
• Communism, Darwinism, Fascism and Socialism are not beliefs that fall within the
definition; nor is adherence to a particular football team. However, beliefs such as
atheism and humanism would be covered.
E7
Equality Bill
(a) colour;
(b) nationality;
(c) ethnic or national origin.
(2) In relation to the protected characteristic of race—
(a) a reference to a person who has a particular protected characteristic is 5
a reference to a person of a particular racial group;
reference to persons of the same racial group.
(3) A racial group is a group of persons defined by reference to race; and a
reference to a person’s racial group is a reference to a racial group into which 10
the person falls.
(4) The fact that a racial group comprises two or more distinct racial groups does
not prevent it from constituting a particular racial group.
(1) Religion means any religion and a reference to religion includes a reference to 15
a lack of religion.
(2) Belief means any religious or philosophical belief and a reference to belief
includes a reference to a lack of belief.
(3) In relation to the protected characteristic of religion or belief—
(a) a reference to a person who has a particular protected characteristic is 20
a reference to a person of a particular religion or belief;
reference to persons who are of the same religion or belief.
7
EXPLANATORY NOTES
Clause 11: Sex
Effect
66. This clause is a new provision which explains that references in the Bill to people
having the protected characteristic of sex are to mean being a man or a woman, and that men
share this characteristic with other men, and women with other women.
Clause 12: Sexual orientation
Effect
67. This clause defines the protected characteristic of sexual orientation as being a
person’s sexual orientation towards:
• people of the same sex as him or her (in other words the person is a gay man or a
lesbian)
• people of the opposite sex from him or her (the person is heterosexual)
• people of both sexes (the person is bisexual).
68. It also explains that references to people sharing a sexual orientation mean that they
are of the same sexual orientation. It relates to a person’s feelings rather than their actions.
Background
69. The definition is designed to replicate the effect of similar provisions in the
Employment Equality (Sexual Orientation) Regulations 2003 and the Equality Act 2006.
Examples
• A man who experiences sexual attraction towards both men and women is ‘bisexual’
in terms of sexual orientation even if he has only had relationships with women.
• A man and a woman who are both attracted only to people of the opposite sex from
them share a sexual orientation.
• A man who is attracted only to other men is a gay man. A woman who is attracted
only to other women is a lesbian. So a gay man and a lesbian share a sexual
orientation.
E8
Equality Bill
11 Sex
In relation to the protected characteristic of sex—
a reference to a man or to a woman;
reference to persons of the same sex.
(1) Sexual orientation means a person’s sexual orientation towards—
(a) persons of the same sex,
(b) persons of the opposite sex, or 10
(c) persons of either sex.
(2) In relation to the protected characteristic of sexual orientation—
a reference to a person who is of a particular sexual orientation;
reference to persons who are of the same sexual orientation.
8
EXPLANATORY NOTES
Chapter 2: Prohibited conduct
Clause 13: Direct discrimination
Effect
70. This clause defines direct discrimination for the purposes of the Bill.
71. Direct discrimination occurs where the reason for a person being treated less
favourably than another is a protected characteristic listed in clause 4. This definition is broad
enough to cover cases where the less favourable treatment is because of the victim’s
association with someone who has that characteristic (for example, is disabled), or because the
victim is wrongly thought to have it (for example, a particular religious belief).
72. However, a different approach applies where the reason for the treatment is marriage
or civil partnership, in which case only less favourable treatment because of the victim’s status
amounts to discrimination.
73. This clause uses the words “because of” where the current legislation contains various
definitions using the words “on grounds of”. This change in wording does not change the
legal meaning of the definition, but rather is designed to make it more accessible to the
ordinary user of the Bill.
74. The clause also provides that:
• for age, different treatment that is justified as a proportionate means of meeting a

legitimate aim is not direct discrimination;
• in relation to disability it is not discrimination to treat a disabled person more

favourably than a person who is not disabled;
• racial segregation is always discriminatory;
• discrimination because of religious belief can occur even where both discriminator
and victim are of the same religion or belief;
• in non-work cases, treating a woman less favourably because she is breast-feeding a

baby who is more than six months old amounts to direct sex discrimination; and
• men cannot claim privileges for women connected with pregnancy or childbirth.
Background
75. The clause replaces the definitions of direct discrimination in current legislation and is
designed to provide a more uniform approach by removing the current specific requirement
for the victim of the discrimination to have one of the protected characteristics of age,
disability, gender reassignment and sex. Accordingly, it brings the position in relation to these
E9
Equality Bill
CHAPTER 2
PROHIBITED CONDUCT
Discrimination
(1) A person (A) discriminates against another (B) if, because of a protected 5
characteristic, A treats B less favourably than A treats or would treat others.
(2) If the protected characteristic is age, A does not discriminate against B if A can
show A’s treatment of B to be a proportionate means of achieving a legitimate
aim.
(3) If the protected characteristic is disability, A does not discriminate against B 10
only because—
(a) A treats a third person who has a disability in a way which is permitted
by or under this Act,
(b) B does not have the disability, and
(c) A does not treat B in that way. 15
(4) If the protected characteristic is marriage and civil partnership, this section
applies to a contravention of Part 5 (work) only if the treatment is because B is
married or a civil partner.
(5) If the protected characteristic is race, less favourable treatment includes
segregating B from others. 20
(6) If the protected characteristic is religion or belief, it does not matter whether
the religion or belief is also A’s.
(7) If the protected characteristic is sex—
(a) less favourable treatment of a woman includes less favourable
treatment of her because she is breast-feeding; 25
(b) in a case where B is a man, no account is to be taken of special treatment
afforded to a woman in connection with pregnancy or childbirth.
(8) Subsection (7)(a) does not apply for the purposes of Part 5 (work).
(9) This section is subject to sections 16(6) and 17(7).
9
EXPLANATORY NOTES
protected characteristics into line with that for race, sexual orientation and religion or belief in
the current legislation.
Examples
• If an employer recruits a man rather than a woman because she assumes that women
do not have the strength to do the job, this would be direct sex discrimination.
• If a Muslim shopkeeper refuses to serve a Muslim woman because she is married to a

Christian, this would be direct religious or belief-related discrimination on the basis of
her association with her husband.
• If an employer rejects a job application form from a white man whom he wrongly
thinks is black, because the applicant has an African-sounding name, this would
constitute direct race discrimination based on the employer’s mistaken perception.
• If an employer advertising a vacancy makes it clear in the advert that Roma need not
apply, this would amount to direct race discrimination against a Roma who might
reasonably have considered applying for the job but was deterred from doing so
because of the advertisement.
Clause 14: Discrimination arising from disability
Effect
76. This clause provides that it is discrimination to treat a disabled person in a particular
way which, because of his or her disability, amounts to treating him or her badly and the
treatment cannot be shown to be justified. For this type of discrimination to occur, the
employer or other person must know, or could reasonably be expected to know, that the
disabled person has a disability. Also the person who treats the disabled person in that way
may still be liable for discrimination under this provision, whether or not the duty to make
reasonable adjustments has been complied with.
Background
77. This clause is a new provision. The Disability Discrimination Act 1995 provided
protection from disability related discrimination but following the judgment of the House of
Lords in the case of London Borough of Lewisham v Malcolm [2008] UKHL 43, those
provisions no longer provided the degree of protection from disability related discrimination
that is intended for disabled people. This clause is aimed at re-establishing an appropriate
balance between enabling a disabled person to make out a case of experiencing a detriment
which arises because of his or her disability, and providing an opportunity for an employer or
other person to defend the treatment.
Example
• An employee develops a visual impairment and can no longer operate a computer

without assistive technology. The employer makes an adjustment by providing a
Braille keyboard, but the firm’s computer system is not compatible with assistive
software. The employee is dismissed because he cannot do as much work as a non-
disabled colleague. If the employer sought to justify the dismissal, he would need to
show that it was a proportionate means of achieving a legitimate aim.
E10
Equality Bill
Chapter 2 — Prohibited conduct

(1) A person (A) discriminates against a disabled person (B) if—
(a) A treats B in a particular way,
(b) because of B’s disability, the treatment amounts to a detriment, and
(c) A cannot show that the treatment is a proportionate means of achieving 5
a legitimate aim.
(2) Subsection (1) does not apply if A shows that A did not know, and could not
reasonably have been expected to know, that B had the disability.
(3) It does not matter whether A has complied with a duty to make reasonable
adjustments in relation to B. 10
10
EXPLANATORY NOTES
• A person with a learning disability is ejected from a restaurant because she is eating in
a messy way, which is an effect of her disability. As the restaurant owner shows that
he did not know, or could not reasonably be expected to know, that she was disabled,
he has not subjected her to a detriment because of her disability.
• If, in the example above, the restaurant owner had known that the customer was
disabled, he would have subjected her to discrimination arising from her disability,
unless he could show ejecting her was a proportionate means of achieving a legitimate
aim.
Clause 15: Gender reassignment discrimination: cases of absence from work
Effect
78. This clause provides that it is discrimination against transsexual people to treat them
less favourably for being absent from work because they propose to undergo, are undergoing
or have undergone gender reassignment than they would be treated if they were absent
because they were ill or injured. Transsexual people are also discriminated against in relation
to absences relating to their gender reassignment if they are treated less favourably than they
would be treated for absence for reasons other than sickness or injury and it is unreasonable to
treat them less favourably.
Background
79. This clause is designed to replicate the effect of a similar provision in the Sex
Discrimination Act 1975.
Example
• A female to male transsexual person takes time off work to receive hormone treatment
as part of his gender reassignment. His employer cannot discriminate against him
because of his absence from work for this purpose.
Clause 16: Pregnancy and maternity discrimination: non-work cases
Effect
80. This clause defines what it means to discriminate because of a woman’s pregnancy or
maternity, as distinct from her sex, in specified situations outside work. It protects a woman
from discrimination because of her current or a previous pregnancy. It also protects her from
maternity discrimination, which includes treating her less favourably because she is breast-
feeding, for 26 weeks after giving birth and provides that pregnancy or maternity
discrimination as defined cannot be treated as sex discrimination.
Background
81. This clause is designed to replicate the effect of similar provisions in the Sex
Discrimination Act 1975 and extend the protection to cover discrimination in relation to public
functions, further and higher education, and to associations, where no such protection
currently exists.
E11
Equality Bill

(1) This section has effect for the purposes of the application of Part 5 (work) to the
protected characteristic of gender reassignment.
(2) A person (A) discriminates against a transsexual person (B) if, in relation to an
absence of B’s that is because of gender reassignment, A treats B less 5
favourably than A would treat B if—
(a) B’s absence was because of sickness or injury, or
(b) B’s absence was for some other reason and it is not reasonable for B to
be treated less favourably.
(3) A person’s absence is because of gender reassignment if it is because the 10
person is proposing to undergo, is undergoing or has undergone the process
(or part of the process) mentioned in section 7(1).

(1) This section has effect for the purposes of the application to the protected
characteristic of pregnancy and maternity of— 15
(a) Part 3 (services and public functions);
(b) Part 4 (premises);
(c) Chapter 2 of Part 6 (further or higher education);
(d) Part 7 (associations).
(2) A person (A) discriminates against a woman if A treats her less favourably 20
because of a pregnancy of hers.
(3) A person (A) discriminates against a woman if, in the period of 26 weeks
beginning with the day on which she gives birth, A treats her less favourably
because she has given birth.
11
EXPLANATORY NOTES
Examples
• A café owner must not ask a woman to leave his café because she is breast-feeding her
baby.
• A shopkeeper must not refuse to sell cigarettes to a woman because she is pregnant.
Clause 17: Pregnancy and maternity discrimination: work cases
Effect
82. This clause defines what it means to discriminate in the workplace because of a
woman’s pregnancy or pregnancy related illness, or because she takes or tries to take maternity
leave. The period during which protection from these types of discrimination is provided is the
period of the pregnancy and any statutory maternity leave to which she is entitled. During this
period, these types of discrimination cannot be treated as sex discrimination.
Background
83. This clause is designed to replicate the effect of similar provisions in the Sex
Examples
• An employer must not demote or dismiss an employee, or deny her training or

promotion opportunities, because she is pregnant or on maternity leave.
• An employer must not take into account an employee’s period of absence due to
pregnancy-related illness when making a decision about her employment.
E12
Equality Bill
(4) The reference in subsection (3) to treating a woman less favourably because she
has given birth includes, in particular, a reference to treating her less
favourably because she is breast-feeding.
(5) For the purposes of this section, the day on which a woman gives birth is the
day on which— 5
(a) she gives birth to a living child, or
(b) she gives birth to a dead child (more than 24 weeks of the pregnancy
having passed).
(6) Section 13, so far as relating to sex discrimination, does not apply to anything
done in relation to a woman in so far as— 10
(a) it is for the reason mentioned in subsection (2), or
(b) it is in the period, and for the reason, mentioned in subsection (3).
(7) In this section and section 17, a reference to a woman being treated less
favourably is a reference to her being treated less favourably than is
reasonable. 15

(1) This section has effect for the purposes of the application of Part 5 (work) to the
protected characteristic of pregnancy and maternity.
(2) A person (A) discriminates against a woman if, in the protected period in
relation to a pregnancy of hers, A treats her less favourably— 20
(a) because of the pregnancy, or
(b) because of illness suffered by her as a result of it.
(3) A person (A) discriminates against a woman if A treats her less favourably
because she is on compulsory maternity leave.
(4) A person (A) discriminates against a woman if A treats her less favourably 25
because she is exercising or seeking to exercise, or has exercised or sought to
exercise, the right to ordinary or additional maternity leave.
(5) For the purposes of subsection (2), if the treatment of a woman is in
implementation of a decision taken in the protected period, the treatment is to
be regarded as occurring in that period (even if the implementation is not until 30
after the end of that period).
(6) The protected period, in relation to a woman’s pregnancy, begins when the
pregnancy begins, and ends—
(a) if she has the right to ordinary and additional maternity leave, at the
end of the additional maternity leave period or (if earlier) when she 35
returns to work after the pregnancy;
(b) if she does not have that right, at the end of the period of 2 weeks
beginning with the end of the pregnancy.
(7) Section 13, so far as relating to sex discrimination, does not apply to treatment
of a woman in so far as— 40
(a) it is in the protected period in relation to her and is for a reason
mentioned in paragraph (a) or (b) of subsection (2), or
(b) it is for a reason mentioned in subsection (3) or (4).
12
EXPLANATORY NOTES
Clause 18: Indirect discrimination
Effect
84. This clause defines indirect discrimination for the purposes of the Bill.
85. Indirect discrimination occurs when a policy which applies in the same way for
everybody has an effect which particularly disadvantages people with a protected
characteristic because they have that characteristic. Where a particular group is disadvantaged
in this way, a person in that group is indirectly discriminated against if he or she is put at that
disadvantage, unless the person applying the policy can justify it.
86. Indirect discrimination can also occur when a policy would put a person at a
disadvantage if it were applied. This means, for example, that where a person is deterred from
doing something, such as applying for a job or taking up an offer of service, because a policy
which would be applied would result in his or her disadvantage, this may also be indirect
discrimination.
87. Indirect discrimination applies to all the protected characteristics, apart from
pregnancy and maternity.
Background
88. This clause replaces similar provisions in current legislation. It applies the EU
definition of indirect discrimination, replacing pre-existing domestic definitions in the Sex
Discrimination Act 1975 and the Race Relations Act 1976, to ensure uniformity of protection
across all the protected characteristics in all areas where it applies.
89. Examples
• A woman is forced to leave her job because her employer operates a practice that staff
must work in a shift pattern which she is unable to comply with because she needs to
look after her children at particular times of day, and no allowances are made because
of those needs. This would put women (who are shown to be more likely to be
responsible for childcare) at a disadvantage, and the employer will have indirectly
discriminated against the woman unless the practice can be justified.
• An observant Jewish engineer who is seeking an advanced diploma decides (even

though he is sufficiently qualified to do so) not to apply to a specialist training
company because it invariably undertakes the selection exercises for the relevant
course on Saturdays. The company will have indirectly discriminated against the
engineer unless the practice can be justified.
Clause 19: Adjustments for disabled persons
Effect
89. This clause defines what is meant by the duty to make reasonable adjustments for the
purposes of the Bill and lists the Parts of the Bill which impose the duty and the related
Schedules which stipulate how the duty will apply in relation to each Part. The duty comprises
E13 three requirements which apply where a disabled person is placed at a substantial disadvantage
Equality Bill
(1) A person (A) discriminates against another (B) if A applies to B a provision,
criterion or practice which is discriminatory in relation to a relevant protected
characteristic of B’s.
(2) For the purposes of subsection (1), a provision, criterion or practice is 5
discriminatory in relation to a relevant protected characteristic of B’s if—
(a) A applies, or would apply, it to persons with whom B does not share
the characteristic,
(b) it puts, or would put, persons with whom B shares the characteristic at
a particular disadvantage when compared with persons with whom B 10
does not share it,
(c) it puts, or would put, B at that disadvantage, and
(d) A cannot show it to be a proportionate means of achieving a legitimate
aim.
(3) The relevant protected characteristics are— 15
age;
disability;
marriage and civil partnership;
race; 20
religion or belief;
sex;
sexual orientation.
19 Duty to make adjustments 25

(1) Where this Act imposes a duty to make reasonable adjustments on a person,
this section, sections 20 and 21 and the applicable Schedule apply; and for those
purposes, a person on whom the duty is imposed is referred to as A.
13
EXPLANATORY NOTES
in comparison to non-disabled people. The first requirement covers changing the way things
are done (such as changing a practice), the second covers making changes to the built
environment (such as providing access to a building), and the third covers providing auxiliary
aids and services (such as providing special computer software or providing a different
service).
Background
90. This clause replaces similar provisions in the Disability Discrimination Act 1995.
However, the Bill makes some changes to provide consistency across the reasonable
adjustment provisions. It contains only one threshold for the reasonable adjustment duty –
“substantial disadvantage” – in place of the two thresholds in the Disability Discrimination
Act 1995. It also reflects current practice by applying the third requirement explicitly to
employment. And it introduces consistency of language by referring to “provision, criterion or
practice” rather than “practice, policy or procedure” used in some provisions in the Disability
Examples
• A utility company knows that significant numbers of its customers have a sight
impairment and will have difficulty reading invoices and other customer
communications in standard print, so must consider how to make its communications
more accessible. As a result, it might provide communications in large print to
customers who require this.
• A bank is obliged to consider reasonable adjustments for a newly recruited financial

adviser who is a wheelchair user and who would have difficulty negotiating her way
around the customer area. In consultation with the new adviser, the bank rearranges the
layout of furniture in the customer area and installs a new desk. These changes result
in the new adviser being able to work alongside her colleagues.
• The organiser of a large public conference knows that hearing impaired delegates are
likely to attend. She must therefore consider how to make the conference accessible to
them. Having asked delegates what adjustments they need, she decides to have a
palantypist and an induction loop to make sure that the hearing impaired delegates are
not substantially disadvantaged.
Clause 20: Failure to comply with duty
Effect
91. This clause has the effect that a failure to comply with any one of the reasonable
adjustment requirements amounts to discrimination against a disabled person to whom the
duty is owed. It also provides that, apart from under this Bill, no other action can be taken for
failure to comply with the duty.
E14
Equality Bill
(2) The duty comprises the following three requirements.
(3) The first requirement is a requirement, where a provision, criterion or practice
of A’s puts a disabled person at a substantial disadvantage in relation to a
relevant matter in comparison with persons who are not disabled, to take such
steps as it is reasonable to have to take to avoid the disadvantage. 5
(4) The second requirement is a requirement, where a physical feature puts a
disabled person at a substantial disadvantage in relation to a relevant matter in
comparison with persons who are not disabled, to take such steps as it is
reasonable to have to take to avoid the disadvantage.
(5) The third requirement is a requirement, where a disabled person would, but 10
for the provision of an auxiliary aid, be put at a substantial disadvantage in
relation to a relevant matter in comparison with persons who are not disabled,
to take such steps as it is reasonable to have to take to provide the auxiliary aid.
(6) A reference in section 20 or 21 or an applicable Schedule to the first, second or
third requirement is to be construed in accordance with this section. 15
(7) A reference in this section, section 20 or 21 or an applicable Schedule (apart
from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—
(a) a feature arising from the design or construction of a building;
(b) a feature of an approach to, exit from or access to a building;
(c) a fixture or fitting, or furniture, furnishings, materials, equipment or 20
other chattels, in or on premises;
(d) any other physical element or quality.
(8) A reference in this section, section 20 or 21 or an applicable Schedule to an
auxiliary aid includes a reference to an auxiliary service.
(9) A reference in this section or an applicable Schedule to chattels is to be read, in 25
relation to Scotland, as a reference to moveable property.
(10) The applicable Schedule is, in relation to the Part of this Act specified in the
first column of the Table, the Schedule specified in the second column.
Part of this Act Applicable Schedule
Part 3 (services and public functions) Schedule 2 30

Part 4 (premises) Schedule 4
Part 5 (work) Schedule 8
Part 6 (education) Schedule 13
Part 7 (associations) Schedule 15
Each of the Parts mentioned above Schedule 21 35

(1) A failure to comply with the first, second or third requirement is a failure to
comply with a duty to make reasonable adjustments.
14
EXPLANATORY NOTES
Background
Examples
• An employee develops carpal tunnel syndrome which makes it difficult for him to use
a standard keyboard. The employer refuses to provide a modified keyboard or voice-
activated software which would overcome the disadvantage. This could be an
unlawful failure to make a reasonable adjustment which would constitute
discrimination.
• A private club has a policy of refusing entry to male members not wearing a collar and
tie for evening events. A member with psoriasis (a severe skin condition which can
make the wearing of a collar and tie extremely painful) could bring a discrimination
claim if the club refused to consider waiving this policy for him.
• A visually-impaired prospective tenant asks a letting agent to provide a copy of a

tenancy agreement in large print. The agent refuses even though the document is held
on computer and could easily be printed in a larger font. This is likely to be an
unlawful failure to make a reasonable adjustment which would constitute
discrimination.
Clause 21: Regulations
Effect
93. This clause provides a power for a Minister of the Crown to make regulations about a
range of issues relating to the reasonable adjustment duty, such as the circumstances in which
a particular step will be regarded as reasonable. This power also allows amendment of the
Schedules referred to in clause 19(10).
Background
Examples
• Regulations could be made to clarify what is and what is not included within the
meaning of a “provision, criterion or practice” if, for example, research indicated that
despite statutory codes of practice there was quite a high level of uncertainty among
employers and service providers about the extent of the duty and how it applied.
Clause 22: Comparison by reference to circumstances
Effect
95. This clause provides that like must be compared with like in cases of direct or indirect
discrimination or, in the case of disability, the failure to make reasonable adjustments. The
treatment of the claimant must be compared with that of an actual or a hypothetical person –
the comparator – who does not share the same protected characteristic as the claimant but who
E15
Equality Bill
(2) A discriminates against a disabled person if A fails to comply with that duty in
relation to that person.
(3) A provision of an applicable Schedule which imposes a duty to comply with
the first, second or third requirement applies only for the purpose of
establishing whether A has contravened this Act by virtue of subsection (2); a 5
failure to comply is, accordingly, not otherwise actionable.
21 Regulations
(1) Regulations may prescribe—
(a) matters to be taken into account in deciding whether it is reasonable for
A to take a step for the purposes of a prescribed provision of an 10
applicable Schedule;
(b) descriptions of persons to whom the first, second or third requirement
does not apply.
(2) Regulations may make provision as to—
(a) circumstances in which it is, or in which it is not, reasonable for a 15
person of a prescribed description to have to take steps of a prescribed
description;
(b) what is, or what is not, a provision, criterion or practice;
(c) things which are, or which are not, to be treated as physical features;
(d) things which are, or which are not, to be treated as alterations of 20
physical features;
(e) things which are, or which are not, to be treated as auxiliary aids.
(3) Provision made by virtue of this section may amend an applicable Schedule.
22 Comparison by reference to circumstances 25

(1) On a comparison of cases for the purposes of section 13, 18 or 19, there must be
no material difference between the circumstances relating to each case.
15
EXPLANATORY NOTES
is (or is assumed to be) in not materially different circumstances from the claimant. Those
circumstances can include their respective abilities where the claimant is a disabled person.
96. The clause also makes clear that a civil partner who is treated less favourably than a
married person in similar circumstances is discriminated against because of sexual orientation.
Background
97. The clause replicates similar provisions in current legislation.
Examples
• A blind woman claims she was not short listed for a job involving computers because
the employer wrongly assumed that blind people cannot use them. An appropriate
comparator is a person who is not blind – it could be a non-disabled person or someone
with a different disability – but who has the same ability to do the job as the claimant.
• A Muslim employee is put at a disadvantage by his employer’s practice of not

allowing requests for time off work on Fridays. The comparison that must be made is
in terms of the impact of that practice on non-Muslim employees in similar
circumstances to whom it is (or might be) applied.
Clause 23: References to particular strands of discrimination
Effect
98. This clause makes clear what is meant by references to the types of discrimination
referred to in the Bill, so that references elsewhere in the Bill to age, marriage and civil
partnership, race, religious or belief-related, sex or sexual orientation discrimination, include
references to both direct and indirect discrimination because of each of those characteristics
respectively.
99. As well as direct and indirect discrimination, references to disability discrimination

also include references to discrimination arising from disability and to a failure to comply with
a duty to make reasonable adjustments; and references to gender reassignment discrimination
also include discrimination within clause 15 (gender reassignment discrimination: cases of
absence from work). Finally, references to pregnancy and maternity discrimination have the
meanings derived from sections 16 and 17.
E16
Equality Bill
(2) If the protected characteristic is disability, the circumstances relating to a case
include a person’s abilities.
(3) If the protected characteristic is sexual orientation, the fact that one person
(whether or not the person referred to as B) is a civil partner while another is
married is not a material difference between the circumstances relating to each 5
case.

(1) Age discrimination is—
(a) discrimination within section 13 because of age;
(b) discrimination within section 18 where the relevant protected 10
characteristic is age.
(2) Disability discrimination is—
(a) discrimination within section 13 because of disability;
(b) discrimination within section 14;
(c) discrimination within section 18 where the relevant protected 15
characteristic is disability;
(d) discrimination within section 20.
(3) Gender reassignment discrimination is—
(a) discrimination within section 13 because of gender reassignment;
(b) discrimination within section 15; 20
(c) discrimination within section 18 where the relevant protected
characteristic is gender reassignment.
(4) Marriage and civil partnership discrimination is—
(a) discrimination within section 13 because of marriage and civil
partnership; 25
(b) discrimination within section 18 where the relevant protected
characteristic is marriage and civil partnership.
(5) Pregnancy and maternity discrimination is discrimination within section 16 or
17.
(6) Race discrimination is— 30
(a) discrimination within section 13 because of race;
16
EXPLANATORY NOTES
Clause 24: Harassment
Effect
100. This clause defines what is meant by harassment for the purposes of the Bill. There
are three types of harassment. The first type, which applies to all the protected characteristics
apart from pregnancy and maternity, and marriage and civil partnership, involves unwanted
conduct that has the purpose or effect of creating an intimidating, hostile, degrading
humiliating or offensive environment for the complainant or violating the complainant’s
dignity. The second type, sexual harassment is unwanted conduct of a sexual nature where
this has the same purpose or effect as the first type of harassment. The third type is treating
someone less favourably than another because they have either submitted or failed to submit to
sexual harassment, or harassment related to sex or gender reassignment.
Background
101. Current legislation provides freestanding protection against harassment, but this
protection is not uniform for the different protected characteristics. This clause is aimed at
achieving uniformity of approach across all protected characteristics and in all fields where the
main type of harassment described above is prohibited. Courts and tribunals will continue to
be required to balance competing rights on the facts of a particular case; this would include
consideration of the value of freedom of expression (as set out in Article 10 of the European
Convention on Human Rights) and of academic freedom.
Examples
• A white worker who sees a black colleague being subjected to racially abusive
language could have a case of harassment if the language also causes an offensive
environment for her.
• An employer who displayed any material of a sexual nature, such as a topless

calendar, may be harassing her employees where this makes the workplace an
offensive place to work for any employee, female or male.
E17
Equality Bill
characteristic is race.
(7) Religious or belief-related discrimination is—
(a) discrimination within section 13 because of religion or belief;
(b) discrimination within section 18 where the relevant protected 5
characteristic is religion or belief.
(8) Sex discrimination is—
(a) discrimination within section 13 because of sex;
characteristic is sex. 10
(9) Sexual orientation discrimination is—
(a) discrimination within section 13 because of sexual orientation;
characteristic is sexual orientation.
Other prohibited conduct 15
24 Harassment
(1) A person (A) harasses another (B) if—
(a) A engages in unwanted conduct related to a relevant protected
characteristic which has the purpose or effect mentioned in subsection
(2), 20
(b) A engages in any form of unwanted verbal, non-verbal or physical
conduct of a sexual nature that has that purpose or effect, or
(c) because of B’s rejection of or submission to conduct (whether or not of
A), A treats B less favourably than A would treat B if B had not rejected
or submitted to the conduct. 25
(2) The purpose or effect is—
(a) violating B’s dignity, or
(b) creating an intimidating, hostile, degrading, humiliating or offensive
environment for B.
(3) In deciding whether conduct has that effect, each of the following must be 30
taken into account—
(a) the perception of B;
(b) the other circumstances of the case;
(c) whether it is reasonable for the conduct to have that effect.
(4) For the purposes of subsection (1)(c), the conduct is— 35
(a) conduct mentioned in subsection (1)(a), if the relevant protected
characteristic is gender reassignment or sex;
(b) conduct mentioned in subsection (1)(b).
(5) The relevant protected characteristics are—
age; 40
disability;
race;
17
EXPLANATORY NOTES
• A shopkeeper propositions one of his shop assistants, she rejects his advances and
then is turned down for promotion which she believes she would have got if she had
accepted her boss’s advances. The shop assistant would have a claim of harassment.
Clause 25: Victimisation
Effect
102. This clause defines what conduct amounts to victimisation under the Bill. It provides
that victimisation takes place where one person treats another badly because he or she in good
faith has taken or supported any action taken for the purpose of the Bill, including in relation
to any alleged breach of its provisions. It also provides that victimisation takes place where
one person treats another badly because he or she is suspected of having done this or of
intending to do this.
103. A person is not protected from victimisation where he or she maliciously makes or
supports an untrue complaint.
104. Only an individual can bring a claim for victimisation.
Background
105. This clause replaces similar provisions in current legislation. However, under the Bill
victimisation is technically no longer treated as a form of discrimination, so there is no longer
a need to compare treatment of an alleged victim with that of a person who has not made or
supported a complaint under the Bill.
Examples
• A woman makes a complaint of sex discrimination against her employer. As a result,

she is denied promotion. The denial of promotion would amount to victimisation.
• A gay man sues a publican for persistently treating him less well than heterosexual
customers. Because of this, the publican bars him from the pub altogether. This would
be victimisation.
• An employer threatens to dismiss a staff member because he thinks she intends to

support a colleague’s sexual harassment claim. This threat could amount to
victimisation.
• A man with a grudge against his employer knowingly gives false evidence in a
colleague’s discrimination claim against the employer. He is subsequently dismissed
for supporting the claim. His dismissal would not amount to victimisation because of
his untrue and malicious evidence.
E18
Equality Bill
religion or belief;
sex;
sexual orientation.
25 Victimisation
(1) A person (A) victimises another person (B) if A subjects B to a detriment 5
because—
(a) B does a protected act, or
(b) A believes that B has done, or may do, a protected act.
(2) Each of the following is a protected act—
(a) bringing proceedings under this Act; 10
(b) giving evidence or information in connection with proceedings under
this Act;
(c) doing any other thing for the purposes of or in connection with this Act;
(d) making an allegation (whether or not express) that A or another person
has contravened this Act. 15
(3) Giving false evidence or information, or making a false allegation, is not a
protected act if the evidence or information is given, or the allegation is made,
in bad faith.
(4) This section applies only where the person subjected to a detriment is an
individual. 20
(5) The reference to contravening this Act includes a reference to committing a
breach of an equality clause or rule.
PART 3
Preliminary 25
18
EXPLANATORY NOTES
Part 3: services and public functions
Clause 26: Application of this Part
Effect
106. This clause provides that this Part of the Bill, which prohibits discrimination,
harassment and victimisation by people who supply services (which includes goods and
facilities) or perform public functions, does not apply to discrimination, harassment or
victimisation of people in those circumstances because they are married or in a civil
partnership or because of age if they are under 18.
107. It also states that, if an act of discrimination, harassment or victimisation is made

unlawful by other Parts of the Bill covering premises, work or education, then those
provisions, rather than the provisions covering services and public functions, apply. Similarly,
if the act in question results in a breach of an equality clause in a person’s terms of work or a
non-discrimination rule in an occupational pension scheme, this Part will not apply.
Background
108. This clause generally reflects the position in current legislation. However, since the
prohibition on discrimination because of age in services and public functions will not be
extended to the under 18s, this clause explains that the provisions in this Part do not apply to
under 18s.
Clause 27: Provision of services, etc.
Effect
109. This clause makes it unlawful to discriminate against, harass or victimise a person
because of a protected characteristic when providing services (which includes goods and
facilities). The person is protected both when requesting a service and during the course of
being provided with a service.
110. It also makes it unlawful to discriminate against, harass or victimise a person when
exercising a public function which does not involve the provision of a service. Examples of
such public functions include law enforcement and revenue raising and collection. Public
functions which involve the provision of a service, for example, medical treatment on the
NHS, are covered by the provisions dealing with services.
111. It also imposes the duty to make reasonable adjustments set out in clause 19 in relation
to providing services and exercising public functions. A person will be considered to have
discriminated against a disabled person if he or she fails to comply with the duty to make
reasonable adjustments.
112. However, the prohibition on harassment when providing services or exercising public
functions does not cover sexual orientation or religion or belief.
113. The prohibitions in this clause apply, in relation to race or religion or belief, to any
actions taken in connection with the grant of entry clearance to enter the United Kingdom,
even if the act in question takes place outside the United Kingdom.
E19
Equality Bill
Part 3 — Services and public functions

(1) This Part does not apply to the protected characteristic of—
(a) age, so far as relating to persons who have not attained the age of 18;
(b) marriage and civil partnership.
(2) This Part does not apply to discrimination, harassment or victimisation— 5
(a) that is prohibited by Part 4 (premises), 5 (work) or 6 (education), or
(b) that would be so prohibited but for an express exception.
(3) For the purposes of subsection (2)(b), section 30(3) is not an express exception.
(4) This Part does not apply to—
(a) a breach of an equality clause or rule; 10
(b) anything that would be a breach of an equality clause or rule but for
section 64 or Part 2 of Schedule 7;
(c) a breach of a non-discrimination rule.
27 Provision of services, etc. 15

(1) A person (a “service-provider”) concerned with the provision of a service to the
public or a section of the public (for payment or not) must not discriminate
against a person requiring the service by not providing the person with the
service.
(2) A service-provider (A) must not, in providing the service, discriminate against 20
a person (B)—
(a) as to the terms on which A provides the service to B;
(b) by terminating the provision of the service to B;
(c) by subjecting B to any other detriment.
(3) A service-provider must not, in relation to the provision of the service, 25
harass—
(a) a person requiring the service, or
(b) a person to whom the service-provider provides the service.
(4) A service-provider must not victimise a person requiring the service by not
providing the person with the service. 30
(5) A service-provider (A) must not, in providing the service, victimise a person
(B)—
(b) by terminating the provision of the service to B;
(c) by subjecting B to any other detriment. 35
19
EXPLANATORY NOTES
Background
114. Current legislation provides some protection from discrimination, harassment and
victimisation in the provision of services and the exercise of public functions. However, the
protection is not uniform for the different protected characteristics. For example, there is no
protection from discrimination in the exercise of public functions because of pregnancy and
maternity or because a person is intending to undergo, is undergoing or has undergone gender
reassignment. Also there is no protection for discrimination because of age, either in the
provision of services or in the exercise of public functions.
115. This clause replaces the existing provisions, and extends protection so that it is
generally uniform across all the protected characteristics covered by this Part. However, as
under existing law, there is no protection for harassment related to religion or belief or sexual
orientation in either the provision of services or the exercise of public functions.
116. Examples
• A man and two female friends plan a night out at a local night club. At the entrance
the man is charged £10 entry; the two women are charged £5 each. The owner explains
the night club is trying to attract more women and has decided to charge them half the
entrance fee. This would be direct sex discrimination.
A company which organises outdoor activity breaks requires protective headwear to be worn
for certain activities, such as white water rafting and rock climbing. This requirement could be
indirectly discriminatory against Sikhs unless it can be justified, for example on health and
safety grounds.
• A man who suffers from long-standing and serious health problems, including partial
paralysis and a severe sight impairment, is imprisoned. On his imprisonment, the man
is not allocated an adapted cell, despite being assessed as requiring one within 24
hours of arriving at prison. Instead, he is allocated a standard cell. This would be
discrimination resulting from a failure to make reasonable adjustments to take account
of a person’s disability.
• A black man goes into a bar to watch a football match. He is served a pint of beer and
takes a seat at an empty table. Whilst watching the football match the bartender and a
number of customers make racist remarks about some of the footballers on the pitch.
When the man complains he is then called a number of derogatory names. This would
be harassment because of race.
Clause 28: Ships and hovercraft
Effect
116. This clause provides that the services provisions (and for disability, the public
functions provisions) will only apply to ships and hovercraft in the way set out in regulations
made by a Minister of the Crown. Because ships and hovercraft may be constantly moving
between waters under the jurisdiction of different States or be outside the jurisdiction of any
State, such regulations are needed to give certainty for people who provide or receive services
in relation to ships and hovercraft about whether the services and public functions provisions
apply.
E20
Equality Bill
(6) A person must not, in the exercise of a public function that is not the provision
of a service to the public or a section of the public, do anything that constitutes
discrimination, harassment or victimisation.
(7) A duty to make reasonable adjustments applies to—
(a) a service-provider; 5
(b) a person who exercises a public function that is not the provision of a
service to the public or a section of the public.
(8) In the application of section 24 for the purposes of subsection (3), and
subsection (6) as it relates to harassment, neither of the following is a relevant
protected characteristic— 10
(a) religion or belief;
(b) sexual orientation.
(9) In the application of this section, so far as relating to race or religion or belief,
to the granting of entry clearance (within the meaning of the Immigration Act
1971), it does not matter whether an act is done within or outside the United 15
Kingdom.
(10) Subsection (9) does not affect the application of any other provision of this Act
to conduct outside England and Wales or Scotland.
Supplementary
28 Ships and hovercraft 20

(1) This Part (except section 27(6)) applies only in such circumstances as are
prescribed in relation to—
(a) transporting people by ship or hovercraft;
(b) a service provided on a ship or hovercraft.
(2) In the application of subsection (1) to disability discrimination, the words 25
“(except section 27(6))” are to be ignored.
(3) It does not matter whether the ship or hovercraft is within or outside the
United Kingdom.
20
EXPLANATORY NOTES
Background
117. Current legislation is specific on the territorial application of the services provisions,
dealing specifically with ships, aircraft and hovercraft (for example, section 36 of the Sex
Discrimination Act 1975 and section 27 of the Race Relations Act 1976). As the Bill is silent
on the territorial application of the services provisions regulations made under this clause will
ensure that there is clarity as to when and on which ships and hovercraft the services
provisions apply.
Clause 29: Interpretation and exceptions
Effect
118. This clause explains what is meant by the terms “provision of a service” and “public
function” in the Bill. The definition of a “public function” is that which applies for the
purposes of the Human Rights Act 1998. The public functions provisions apply only where
what is being done does not fall within the definition of a “service”.
119. This clause also explains that refusing to provide or not providing a service includes
providing a person with a service of different quality, or in a different way (for example hostile
or less courteous) or on less favourable terms than the service would normally be provided.
120. This clause provides that where an employer arranges for another person to provide a
service to a closed group of employees, then the members of that closed group are to be treated
as a section of the public for the purposes of their relationship with the service-provider. This
means that if the service-provider discriminates against members of that group, the
prohibitions in this Part will apply. However, the employer is not to be treated as a service-
provider, despite facilitating access to the service. Instead, his or her conduct in respect of his
or her employees is to be governed by the provisions in Part 5 (work).
121. Further details of how the reasonable adjustments duty applies in relation to providing
services and exercising public functions are contained in Schedule 2.
122. The exceptions which apply to this Part of the Bill are contained in Schedule 3.
Background
123. Much of what is contained in this clause has its origins in current legislation, but this
is now brought together in an interpretation clause rather than in the substantive provisions as
is the case in the current legislation. The subsection concerning employers arranging for
provision of services to their employees by another person is new.
Examples
• Services include the provision of day care, the running of residential care homes and
leisure centre facilities, whether provided by a private body or a local authority.
• Public functions, not involving the provision of a service, include licensing functions;
Government and local authority public consultation exercises; the provision of public
highways; planning permission decisions; and core functions of the prison service and
the probation service.
• The definition of refusing to provide a service covers, for example, a bank which has a
E21 policy not to accept calls from customers through a third party. This could amount to
Equality Bill
(4) “Ship” has the same meaning as in the Merchant Shipping Act 1995.
(5) “Hovercraft” has the same meaning as in the Hovercraft Act 1968.
(6) Nothing in this section affects the application of any other provision of this Act
29 Interpretation and exceptions 5

(1) This section applies for the purposes of this Part.
(2) A reference to the provision of a service includes a reference to the provision
of goods or facilities.
(3) A reference to the provision of a service includes a reference to the provision
of a service in the exercise of a public function. 10
(4) A public function is a function that is a function of a public nature for the
purposes of the Human Rights Act 1998.
(5) Where an employer arranges for another person to provide a service only to
the employer’s employees—
(a) the employer is not to be regarded as the service-provider, but 15
(b) the employees are to be regarded as a section of the public.
(6) A reference to a person requiring a service includes a reference to a person who
is seeking to obtain or use the service.
(7) A reference to a service-provider not providing a person with a service
includes a reference to— 20
(a) the service-provider not providing the person with a service of the
quality that the service-provider usually provides to the public (or the
section of it which includes the person), or
(b) the service-provider not providing the person with the service in the
manner in which, or on the terms on which, the service-provider 25
usually provides the service to the public (or the section of it which
includes the person).
(8) In relation to the provision of a service by either House of Parliament, the
service-provider is the Corporate Officer of the House concerned; and if the
service involves access to, or use of, a place in the Palace of Westminster which 30
members of the public are allowed to enter, both Corporate Officers are jointly
the service-provider.
(9) Schedule 2 (reasonable adjustments) has effect.
(10) Schedule 3 (exceptions) has effect.
21
EXPLANATORY NOTES
indirect discrimination against a deaf person who uses a registered interpreter to call
the bank.
• An employer arranges for an insurer to provide a group health insurance scheme to his
employees. The insurer refuses to provide cover on the same terms to one of the
employees because she is a transsexual. This would be treated as direct discrimination
in the provision of services by the insurer against the employee in the same way as if
the insurance was available to the general public. However, if it was the employer,
rather than the insurer, who decided that the transsexual employee should not be able
to access the group health insurance scheme, such discrimination in the employee’s
access to benefits in the workplace would be covered by the provisions of Part 5
(work).
PART 4: PREMISES
Effect
harassment and victimisation in relation to the disposal, management and occupation of
premises, does not make it unlawful to discriminate against, harass or victimise people in
those circumstances because they are married or in a civil partnership or because of age.
125. It also states that, if an act of discrimination, harassment or victimisation is made

unlawful by other Parts of the Bill covering work or education, then those provisions, rather
than the provisions covering premises, apply. Further, where accommodation is provided
either as a short-term let or where it is provided as part of a service or public function Part 3
(services and public functions) applies instead of this Part. If the act in question results in a
breach of an equality clause in a person’s terms of work or a non-discrimination rule in an
occupational pension scheme then these provisions will not apply.
Background
126. This provision broadly reflects the position in the current legislation, which gives
protection from discrimination in the disposal and management of premises across all the
protected characteristics with the exception of age and marriage and civil partnership.
Clause 31: Disposals, etc.
Effect
127. This clause makes it unlawful for a person who has the authority to dispose of
premises (for example, by selling, letting or subletting a property) to discriminate against or
victimise someone else in a number of ways including by offering the premises to them on less
favourable terms; by not letting or selling the premises to them or by treating them less
favourably, for example in relation to a council house waiting list.
128. It also makes it unlawful for a person with authority to dispose of premises to harass
someone who occupies or applies for them. The Bill does not however make it unlawful to
harass someone because of sexual orientation or religion or belief when disposing of premises.
E22
Equality Bill
PART 4
PREMISES
Preliminary

(1) This Part does not apply to the following protected characteristics— 5
(a) age;
(b) marriage and civil partnership.
(2) This Part does not apply to discrimination, harassment or victimisation—
(a) that is prohibited by Part 5 (work) or Part 6 (education), or
(b) that would be so prohibited but for an express exception. 10
(3) This Part does not apply to the provision of accommodation if the provision—
(a) is generally for the purpose of short stays by individuals who live
elsewhere, or
(b) is for the purpose only of exercising a public function or providing a
service to the public or a section of the public. 15
(4) The reference to the exercise of a public function, and the reference to the
provision of a service, are to be construed in accordance with Part 3.
(5) This Part does not apply to—
(a) a breach of an equality clause or rule;
(b) anything that would be a breach of an equality clause or rule but for 20
section 64 or Part 2 of Schedule 7;
(c) a breach of a non-discrimination rule.
31 Disposals, etc.
(1) A person (A) who has the right to dispose of premises must not discriminate 25
against another (B)—
(a) as to the terms on which A offers to dispose of the premises to B;
(b) by not disposing of the premises to B;
(c) in A’s treatment of B with respect to things done in relation to persons
seeking premises. 30
(2) Where an interest in a commonhold unit cannot be disposed of unless a
particular person is a party to the disposal, that person must not discriminate
against a person by not being a party to the disposal.
22
EXPLANATORY NOTES
Background
129. This clause replaces similar provisions in current legislation.
Examples
• A landlord refuses to let a property to a prospective tenant because of her race. This is
direct discrimination when disposing of premises.
• A vendor offers her property to a prospective buyer who is disabled at a higher sale
price than she would to a non-disabled person, because of the person’s disability. This
is direct discrimination when disposing of premises.
Clause 32: Permission for disposal
Effect
130. This clause makes it unlawful for a person whose permission is needed to dispose of
premises (for example, to sell, manage, let or sub-let a property) to discriminate against or
victimise someone else by withholding that permission. It also makes it unlawful for such a
person to harass someone who seeks that permission, or someone to whom the property would
be sold or let if the permission were given. The Bill does not however make it unlawful to
harass someone because of sexual orientation or religion or belief by withholding permission
to dispose of premises.
131. This clause does not apply where permission to dispose of premises is refused by a
court in the context of legal proceedings.
Background
Examples
• A disabled tenant seeks permission from his landlord to sublet a room within his flat
to help him pay his rent. The landlord tells him that he cannot because he is disabled.
This is direct discrimination in permission for disposing of premises.
E23
Equality Bill
Part 4 — Premises
(3) A person who has the right to dispose of premises must not, in connection with
anything done in relation to their occupation or disposal, harass—
(a) a person who occupies them;
(b) a person who applies for them.
(4) A person (A) who has the right to dispose of premises must not victimise 5
another (B)—
(a) as to the terms on which A offers to dispose of the premises to B;
(b) by not disposing of the premises to B;
(c) in A’s treatment of B with respect to things done in relation to persons
seeking premises. 10
(5) Where an interest in a commonhold unit cannot be disposed of unless a
particular person is a party to the disposal, that person must not victimise a
person by not being a party to the disposal.
(6) In the application of section 24 for the purposes of subsection (3), neither of the
following is a relevant protected characteristic— 15

(1) A person whose permission is required for the disposal of premises must not
discriminate against another by not giving permission for the disposal of the 20
premises to the other.
(2) A person whose permission is required for the disposal of premises must not,
in relation to an application for permission to dispose of the premises, harass a
person—
(a) who applies for permission to dispose of the premises, or 25
(b) to whom the disposal would be made if permission were given.
(3) A person whose permission is required for the disposal of premises must not
victimise another by not giving permission for the disposal of the premises to
the other.
(4) In the application of section 24 for the purposes of subsection (2), neither of the 30
following is a relevant protected characteristic—
(5) This section does not apply to anything done in the exercise of a judicial
function. 35
23
EXPLANATORY NOTES
Clause 33: Management
Effect
133. This clause makes it unlawful for a person who manages premises to discriminate
against or victimise someone who occupies the property in the way he or she allows the person
to use a benefit or facility associated with the property, by evicting the person or by otherwise
treating the person unfavourably. It also makes it unlawful for a person who manages a
property to harass a person who occupies or applies to occupy. The Bill does not however
make it unlawful to harass someone because of sexual orientation or religion or belief in the
management of premises.
Background
Examples
• A manager of a property restricts a tenant’s use of a communal garden by setting fixed

times when she can use the garden because she is undergoing gender reassignment,
while allowing other tenants unrestricted access to the garden. This would be direct
discrimination in the management of premises.
• A manager of a property refuses to allow a lesbian tenant to use facilities which are
available to other tenants, or deliberately neglects to inform her about facilities which
are available for the use of other tenants, because she had previously made a claim of
discrimination against the manager. This would be victimisation.
• A manager of a property responds to requests for maintenance issues more slowly or

less favourably for one tenant than similar requests from other tenants, because the
tenant has a learning disability. This would be direct discrimination in the
management of premises.
Clause 34: Leasehold and commonhold premises and common parts
Effect
135. This clause imposes the reasonable adjustments duty on those who let premises,
commonhold associations, and those who are responsible for the common parts of let or
commonhold premises. This clause also defines who is responsible for common parts, and
includes a power to prescribe premises to which the requirements do not apply.
Background
136. Part of this clause replaces similar provisions in the Disability Discrimination Act
1995 relating to let premises and premises to let. The provisions relating to common parts are
new.
E24
Equality Bill
Part 4 — Premises
33 Management
(1) A person (A) who manages premises must not discriminate against a person
(B) who occupies the premises—
(a) in the way in which A allows B, or by not allowing B, to make use of a
benefit or facility; 5
(b) by evicting B (or taking steps for the purpose of securing B’s eviction);
(2) A person who manages premises must not, in relation to their management,
harass—
(a) a person who occupies them; 10
(b) a person who applies for them.
(3) A person (A) who manages premises must not victimise a person (B) who
occupies the premises—
(a) in the way in which A allows B, or by not allowing B, to make use of a
benefit or facility; 15
(b) by evicting B (or taking steps for the purpose of securing B’s eviction);
(4) In the application of section 24 for the purposes of subsection (2), neither of the
(a) religion or belief; 20

(a) a controller of let premises; 25
(b) a controller of premises to let;
(c) a commonhold association;
(d) a responsible person in relation to common parts.
(2) A controller of let premises is—
(a) a person by whom premises are let, or 30
(b) a person who manages them.
(3) A controller of premises to let is—
(a) a person who has premises to let, or
(b) a person who manages them.
24
EXPLANATORY NOTES
Example
• An agency used by a landlord to let and manage leasehold premises, is a controller of

premises under this provision and therefore is under the duty to make reasonable
adjustments for disabled people, such as making information about the property
available in accessible formats.
Effect
137. This clause explains what is meant by terms used in this Part. In particular it sets out
the kinds of property transactions meant by “disposing of premises” in the case of premises
which are subject to a tenancy, and defines what is meant by “tenancy”. It also makes it clear
that the provisions apply to tenancies made before as well as after the Bill.
138. The details of how the reasonable adjustments duty applies in relation to “let
premises”, “premises to let”, “commonhold land” and “common parts” of let or commonhold
premises are contained in Schedule 4.
139. The exceptions which apply to this part of the Bill are contained in Schedule 5.
Background
E25
Equality Bill
Part 4 — Premises
(4) The reference in subsection (1)(c) to a commonhold association is a reference to

the association in its capacity as the person who manages a commonhold unit.
(5) A responsible person in relation to common parts is—
(a) where the premises to which the common parts relate are part of
commonhold land, the commonhold association; 5
(b) where the premises to which the common parts relate are part of a
tenement in Scotland, the owner of the common parts;
(c) where the premises to which the common parts relate are let (and are
not part of commonhold land or of a tenement in Scotland), a person by
whom the premises are let. 10
(6) Common parts are—
(a) in relation to let premises (which are not part of commonhold land or
of a tenement in Scotland), the structure and exterior of, and any
common facilities within or used in connection with, the building or
part of a building which includes the premises; 15
(b) in relation to commonhold land, every part of the commonhold which
is not for the time being a commonhold unit in accordance with the
commonhold community statement;
(c) in relation to premises which are part of a tenement in Scotland, the
structure and exterior of, and any common facilities within or used in 20
connection with, the tenement building which includes the premises
insofar as the structure, exterior and common facilities are owned in
common with others.
(7) A reference to letting includes a reference to sub-letting; and for the purposes
of subsection (1)(a) and (b), a reference to let premises includes premises 25
subject to a right to occupy.
(8) This section does not apply to premises of such description as may be
prescribed.
Supplementary

(2) A reference to premises is a reference to the whole or part of the premises.
(3) A reference to disposing of premises includes, in the case of premises subject
to a tenancy, a reference to—
(a) assigning the premises, 35
(b) sub-letting them, or
(c) parting with possession of them.
(4) A reference to disposing of premises also includes a reference to granting a
right to occupy them.
(5) A reference to disposing of an interest in a commonhold unit includes a 40
reference to creating an interest in a commonhold unit.
(6) A reference to a tenancy is to a tenancy created (whether before or after the
passing of this Act)—
(a) by a lease or sub-lease,
25
EXPLANATORY NOTES
Part 5: Work
Chapter 1: Employment, etc.
Clause 36: Employees and applicants
Effect
141. This clause makes it unlawful for an employer to discriminate against or victimise
employees and people seeking work. It applies where the employer is making arrangements to
fill a job, and in respect of anything done in the course of a person’s employment. In respect of
discrimination relating to sex or pregnancy and maternity, a term of an offer of employment
which relates to pay is treated as discriminatory where, if accepted, it would give rise to an
equality clause or if that is not the case where the term is directly discriminatory. It also
imposes the reasonable adjustments duty set out in clause 19 on employers in respect of
disabled employees and applicants.
Background
Examples
• An employer decides not to shortlist for interview a disabled job applicant because of
her epilepsy. This would be direct discrimination.
An employer offers a woman a job on lower pay than the set rate because she is pregnant when
she applies. She cannot bring an equality clause case as there is no comparator. However, she
will be able to claim direct discrimination.
• An employer refuses to interview a man applying for promotion, because he

previously supported a discrimination case against the employer brought by another
employee. This would be victimisation.
E26
Equality Bill
Part 4 — Premises
(b) by an agreement for a lease or sub-lease,

(c) by a tenancy agreement, or
(d) in pursuance of an enactment,
and a reference to a tenant is to be construed accordingly.
(7) A reference to commonhold land, a commonhold association, a commonhold 5
community statement, a commonhold unit or a unit-holder is to be construed
in accordance with the Commonhold and Leasehold Reform Act 2002.
(8) A reference to a tenement or tenement building is to be construed in
accordance with the Tenements (Scotland) Act 2004 (asp 11).
(9) Schedule 4 (reasonable adjustments) has effect. 10
PART 5
WORK
CHAPTER 1
EMPLOYMENT, ETC. 15
Employees

(1) An employer (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding to whom to offer
employment; 20
(b) as to the terms on which A offers B employment;
(c) by not offering B employment.
(2) An employer (A) must not discriminate against an employee of A’s (B)—
(a) as to B’s terms of employment;
(b) in the way A affords B access, or by not affording B access, to 25
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c) by dismissing B;
(d) by subjecting B to any other detriment.
(3) An employer (A) must not victimise a person (B)— 30
employment;
(b) as to the terms on which A offers B employment;
(c) by not offering B employment.
(4) An employer (A) must not victimise an employee of A’s (B)— 35
(a) as to B’s terms of employment;
(b) in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for any other
benefit, facility or service;
(c) by dismissing B; 40
26
EXPLANATORY NOTES
• An employer enforces a “no beards” policy by asking staff to shave. This could be
indirect discrimination, because it would have a particular impact on Muslims or
Orthodox Jews.
Clause 37: Employees and applicants: harassment
Effect
143. This clause makes it unlawful for an employer to harass employees and people
applying for employment. It also makes the employer liable for harassment of its employees
by third parties, such as customers or clients, over whom the employer does not have direct
control. Liability in relation to third party harassment will however only arise when
harassment has occurred on a least two occasions, the employer is aware that it has taken
place, and has not taken reasonable steps to prevent it happening again.
Background
144. This clause is designed to replicate the effect of provisions in current legislation as
regard harassment by employers, and extend to the other protected characteristics (apart from
marriage and civil partnership and pregnancy and maternity) the position in relation to
employer liability for sex harassment under the Sex Discrimination Act 1975.
Example
• A shop assistant with a strong Nigerian accent tells her manager that she is upset and
humiliated by a customer who regularly uses the shop and each time makes derogatory
remarks about Africans in her hearing. If her manager does nothing to try to stop it
happening again, he would be liable for racial harassment.
E27
Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
(5) A duty to make reasonable adjustments applies to an employer.
(6) Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not
apply to a term that relates to pay—
(a) unless, were B to accept the offer, an equality clause or rule would have 5
effect in relation to the term, or
(b) if paragraph (a) does not apply, except in so far as making an offer on
terms including that term amounts to a contravention of subsection
(1)(b) by virtue of section 13 or 17.
(7) In subsections (2)(c) and (4)(c), the reference to dismissing B includes a 10
reference to the termination of B’s employment—
(a) by the expiry of a period (including a period expiring by reference to an
event or circumstance);
(b) by an act of B’s (including giving notice) in circumstances such that B
is entitled, because of A’s conduct, to terminate the employment 15
without notice.
(8) Subsection (7)(a) does not apply if, immediately after the termination, the
employment is renewed on the same terms.

(1) An employer (A) must not, in relation to employment by A, harass a person 20
(B)—
(a) who is an employee of A’s;
(b) who has applied to A for employment.
(2) The circumstances in which A is to be treated as harassing B under subsection
(1) include those where— 25
(a) a third party harasses B in the course of B’s employment, and
(b) A failed to take such steps as would have been reasonably practicable
to prevent the third party from doing so.
(3) Subsection (2) does not apply unless A knows that B has been harassed in the
course of B’s employment on at least two other occasions by a third party; and 30
it does not matter whether the third party is the same or a different person on
each occasion.
(4) A third party is a person other than—
(a) A, or
(b) an employee of A’s. 35
27
EXPLANATORY NOTES
Clause 38: Contract workers
Effect
145. This clause makes it unlawful for a person (referred to as a principal) who makes work
available to contract workers to discriminate against, harass or victimise them. Contract
workers are separately protected from discrimination by their employer (for example, the
agency for which they work and which places them with the principal) under clause 36. The
clause also imposes a duty on the principal to make reasonable adjustments for disabled
contract workers (in addition to the duty on the contract worker’s employer).
Background
146. This clause is designed to replicate the effect of provisions in current legislation, while
codifying case law to make clear that there does not need to be a direct contractual relationship
between the employer and the principal for this protection to apply.
Examples
• A hotel manager refuses to accept a black African contract worker sent to him by an
agency because of fears that guests would be put off by his accent. This would be
direct discrimination.
• A bank treats a female contract worker less well than her male counterparts, for
example by insisting that she makes coffee for all meetings. This would be direct
discrimination.
Clause 39: Identity of employer
Effect
147. This clause provides that police constables and police cadets are treated as employees
for the purposes of this Part of the Bill. It identifies the relevant employer as either the chief
officer or the responsible authority (as defined in clause 40), depending on who commits the
act in question.
148. Constables serving with the Civil Nuclear Constabulary are treated as employees of
the Civil Nuclear Police Authority.
149. A constable seconded to the Serious Organised Crime Agency (SOCA) or Scottish
Police Services Authority (SPSA) is treated as employed by SOCA or SPSA.
150. A constable at the Scottish Crime and Drugs Enforcement Agency (SCDEA) is treated
as employed by the Director General of SCDEA.
E28
Equality Bill
Part 5 — Work
38 Contract workers
(1) A principal must not discriminate against a contract worker—
(a) as to the terms on which the principal allows the worker to do the work;
(b) by not allowing the worker to do, or to continue to do, the work;
(c) in the way the principal affords the worker access, or by not affording 5
the worker access, to opportunities for receiving a benefit, facility or
service;
(d) by subjecting the worker to any other detriment.
(2) A principal must not, in relation to contract work, harass a contract worker.
(3) A principal must not victimise a contract worker— 10
(a) as to the terms on which the principal allows the worker to do the work;
(b) by not allowing the worker to do, or to continue to do, the work;
(c) in the way the principal affords the worker access, or by not affording
the worker access, to opportunities for receiving a benefit, facility or
service; 15
(d) by subjecting the worker to any other detriment.
(4) A duty to make reasonable adjustments applies to a principal (as well as to the
employer of a contract worker).
(5) A “principal” is a person who makes work available for an individual who is—
(a) employed by another person, and 20
(b) supplied by that other person in furtherance of a contract to which the
principal is a party (whether or not that other person is a party to it).
(6) “Contract work” is work such as is mentioned in subsection (5).
(7) A “contract worker” is an individual supplied to a principal in furtherance of a
contract such as is mentioned in subsection (5)(b). 25
Police officers
(1) For the purposes of this Part, holding the office of constable is to be treated as
employment—
(a) by the chief officer, in respect of any act done by the chief officer in 30
relation to a constable or appointment to the office of constable;
(b) by the responsible authority, in respect of any act done by the authority
in relation to a constable or appointment to the office of constable.
(2) For the purposes of this Part, holding an appointment as a police cadet is to be
treated as employment— 35
(a) by the chief officer, in respect of any act done by the chief officer in
relation to a police cadet or appointment as one;
(b) by the responsible authority, in respect of any act done by the authority
in relation to a police cadet or appointment as one.
(3) Subsection (1) does not apply to service with the Civil Nuclear Constabulary 40
(as to which, see section 55(2) of the Energy Act 2004).
(4) Subsection (1) does not apply to a constable at SOCA, SPSA or SCDEA.
28
EXPLANATORY NOTES
Background
151. This clause is designed to replicate the provisions in current law and extends coverage
to SPSA and SCDEA. It also removes the requirement to pay out of police funds
compensation and related costs arising from the personal liability of chief officers for acts
which are unlawful under the Bill. Payments of compensation and related costs arising from
the personal liability of chief officers will instead be dealt with by the Police Act 1996 and the
Police (Scotland) Act 2006, as for all other police officers.
Example
• A chief officer refuses to allocate protective equipment to female constables. The

chief officer would be treated as the employer in a direct discrimination claim.
Clause 40: Interpretation
Effect
152. This clause explains what is meant by terms such as “chief officer” and “relevant Act”
used in clause 39.
Background
153. This clause replaces similar provisions in current legislation, but includes some
additional terms, such as those relevant to the SPSA and SCDEA.
E29
Equality Bill
Part 5 — Work
(5) A constable at SOCA or SPSA is to be treated as employed by it, in respect of
any act done by it in relation to the constable.
(6) A constable at SCDEA is to be treated as employed by the Director General of
SCDEA, in respect of any act done by the Director General in relation to the
constable. 5
40 Interpretation
(1) This section applies for the purposes of section 39.
(2) “Chief officer” means—
(a) in relation to an appointment under a relevant Act, the chief officer of
police for the police force to which the appointment relates; 10
(b) in relation to any other appointment, the person under whose direction
and control the body of constables or other persons to which the
appointment relates is;
(c) in relation to a constable or other person under the direction and
control of a chief officer of police, that chief officer of police; 15
(d) in relation to any other constable or any other person, the person under
whose direction and control the constable or other person is.
(3) “Responsible authority” means—
(a) in relation to an appointment under a relevant Act, the police authority
that maintains the police force to which the appointment relates; 20
(b) in relation to any other appointment, the person by whom a person
would (if appointed) be paid;
(c) in relation to a constable or other person under the direction and
control of a chief officer of police, the police authority that maintains
the police force for which that chief officer is the chief officer of police; 25
(d) in relation to any other constable or any other person, the person by
whom the constable or other person is paid.
(4) “Police cadet” means a person appointed to undergo training with a view to
becoming a constable.
(5) “SOCA” means the Serious Organised Crime Agency; and a reference to a 30
constable at SOCA is a reference to a constable seconded to it to serve as a
member of its staff.
(6) “SPSA” means the Scottish Police Services Authority; and a reference to a
constable at SPSA is a reference to a constable—
(a) seconded to it to serve as a member of its staff, and 35
(b) not at SCDEA.
(7) “SCDEA” means the Scottish Crime and Drugs Enforcement Agency; and a
reference to a constable at SCDEA is a reference to a constable who is a police
member of it by virtue of paragraph 7(2)(a) or (b) of Schedule 2 to the Police,
Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (secondment). 40
29
EXPLANATORY NOTES
Clause 41: Partnerships
Effect
154. This clause makes it unlawful for firms (and those intending to set up a firm) to
discriminate against, harass or victimise their partners, or people seeking to be partners in the
firm. Activities covered by these provisions could include the offering of partnerships or
giving existing partners access to opportunities such as training and/or transfers to other
branches of the firm. It imposes on firms and people setting up firms a duty to make
reasonable adjustments for disabled partners and prospective partners.
155. In the case of limited partnerships, these prohibitions only apply to those partners who
are involved with the operation of the firm (general partners).
Background
156. Because partners are mainly governed by their partnership agreements, rather than by
employment contracts, separate provisions are needed to provide protection from
discrimination, harassment and victimisation for partners in ordinary and limited partnerships.
This clause is designed to replicate the effect of provisions in current legislation but provide
consistent protection in respect of race (whereas currently the protection on grounds of colour
and nationality differs in some respects from that on grounds of race and ethnic or national
origin).
Example
• A firm refuses to accept an application for partnership from a black candidate, who is
qualified to join, because he is of African origin. This would be direct discrimination.
E30
Equality Bill
Part 5 — Work
(8) For the purposes of this section, the relevant Acts are—
(a) the Metropolitan Police Act 1829;
(b) the City of London Police Act 1839 (2 & 3 Vict. c.xciv);
(c) the Police (Scotland) Act 1967;
(d) the Police Act 1996. 5
(9) A reference in subsection (2) or (3) to a chief officer of police includes, in
relation to Scotland, a reference to a chief constable.
Partners
41 Partnerships
(1) A firm or proposed firm must not discriminate against a person— 10
(a) in the arrangements it makes for deciding to whom to offer a position
as a partner;
(b) as to the terms on which it offers the person a position as a partner;
(c) by not offering the person a position as a partner.
(2) A firm (A) must not discriminate against a partner (B)— 15
(a) as to the terms on which B is a partner;
(c) by expelling B; 20
(3) A firm must not, in relation to a position as a partner, harass—
(a) a partner;
(b) a person who has applied for the position.
(4) A proposed firm must not, in relation to a position as a partner, harass a person 25
who has applied for the position.
(5) A firm or proposed firm must not victimise a person—
as a partner;
(b) as to the terms on which it offers the person a position as a partner; 30
(c) by not offering the person a position as a partner.
(6) A firm (A) must not victimise a partner (B)—
(a) as to the terms on which B is a partner;
opportunities for promotion, transfer or training or for receiving any 35
(c) by expelling B;
(a) a firm; 40
(b) a proposed firm.
30
EXPLANATORY NOTES
Clause 42: Limited liability partnerships
Effect
157. This clause makes it unlawful for a limited liability partnership (LLP), or a group of
people setting up an LLP, to discriminate against, harass or victimise a member (or prospective
member). Activities covered by these provisions include offers of membership or access to
opportunities that the LLP makes available to its members. It imposes on LLPs a duty to make
reasonable adjustments for disabled members and prospective members.
Background
158. LLPs are distinct from general and limited partnerships, so separate provisions are
needed to provide protection from discrimination, harassment and victimisation for their
members. This clause is designed to replicate the effect of provisions in current legislation but
achieve the same consistency in respect of race as in clause 41.
Examples
• An LLP refuses a member access to use of a company car because he has supported a
discrimination or harassment claim against the LLP. This would be victimisation.
• An LLP refuses a Muslim member access to its child care scheme because all the
other children who attend the scheme have Christian parents. This would be direct
discrimination.
Effect
159. This clause explains what is meant by terms used in clauses 41 and 42. As well as
defining the types of partnership to which these provisions apply, it establishes what is meant
by expulsion from a partnership.
160. Examples
E31
Equality Bill
Part 5 — Work
(8) In the application of this section to a limited partnership within the meaning of
the Limited Partnerships Act 1907, “partner” means a general partner within
the meaning of that Act.

(1) An LLP or proposed LLP must not discriminate against a person— 5
as a member;
(b) as to the terms on which it offers the person a position as a member;
(c) by not offering the person a position as a member.
(2) An LLP (A) must not discriminate against a member (B)— 10
(a) as to the terms on which B is a member;
(c) by expelling B; 15
(3) An LLP must not, in relation to a position as a member, harass—
(a) a member;
(b) a person who has applied for the position.
(4) A proposed LLP must not, in relation to a position as a member, harass a 20
person who has applied for the position.
(5) An LLP or proposed LLP must not victimise a person—
as a member;
(b) as to the terms on which it offers the person a position as a member; 25
(c) by not offering the person a position as a member.
(6) An LLP (A) must not victimise a member (B)—
(a) as to the terms on which B is a member;
(c) by expelling B;
(a) an LLP; 35
(b) a proposed LLP.
43 Interpretation
(1) This section applies for the purposes of sections 41 and 42.
(2) “Partnership” and “firm” have the same meaning as in the Partnership Act
1890. 40
(3) “Proposed firm” means persons proposing to form themselves into a
partnership.
31
EXPLANATORY NOTES
161. A gay partner in a firm, who, because of constant homophobic banter, feels compelled
to leave his position as a partner, can claim to have been expelled from the partnership because
of his sexual orientation. Should an Employment Tribunal agree with him, the firm could be
found to be in breach of these provisions in a similar way to how the Employment Tribunal
would find for an employee who wins a claim for constructive dismissal.
Clause 44: Barristers
Effect
160. This clause makes it unlawful for a barrister or a barrister’s clerk to discriminate
against, harass or victimise a pupil (a trainee barrister) or tenant (including a squatter or door-
tenant) in the barristers’ chambers, or people seeking to be a pupil or tenant, in relation to the
professional relationship between them. It also imposes on barristers a duty to make
reasonable adjustments for disabled pupils and tenants.
161. It also makes it unlawful for a person instructing a barrister (for example, a client or
instructing solicitor) to discriminate against, harass or victimise a barrister in relation to the
giving of instructions.
Background
162. This clause replaces provisions in current legislation providing similar protection for
barristers, pupils, tenants and prospective pupils or tenants in barristers’ chambers. However,
it no longer protects clients and clerks from discrimination by barristers because they can
respectively seek redress under the “services” and other work provisions (clause 37 and clause
38) of the Bill.
Examples
• A barrister treats a female pupil less favourably than his male pupils by allowing her
to be involved in a narrower range of cases. This would be direct discrimination.
• A clerk gives instructions to a Christian barrister in his chambers in preference to a

Hindu barrister, because he fears that the barrister’s religion would prevent him
representing a Christian client properly. This would be direct discrimination.
E32
Equality Bill
Part 5 — Work
(4) “LLP” means a limited liability partnership (within the meaning of the Limited
Liability Partnerships Act 2000).
(5) “Proposed LLP” means persons proposing to incorporate an LLP with
themselves as members.
(6) A reference to the expulsion of a partner of a firm or a member of an LLP 5
includes a reference to the termination of the person’s position as such—
(b) by an act of the person (including giving notice) in circumstances such
that the person is entitled, because of the conduct of other partners or 10
members, to terminate the position without notice;
(c) (in the case of a partner of a firm) as a result of the dissolution of the
partnership.
(7) Subsection (6)(a) and (c) does not apply if, immediately after the termination,
the position is renewed on the same terms. 15
The Bar
44 Barristers
(1) A barrister (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy; 20
(b) as to the terms on which A offers B a pupillage or tenancy;
(c) by not offering B a pupillage or tenancy.
(2) A barrister (A) must not discriminate against a person (B) who is a pupil or
tenant—
(a) as to the terms on which B is a pupil or tenant; 25
opportunities for training or gaining experience or for receiving any
(c) by terminating the pupillage;
(d) by subjecting B to pressure to leave chambers; 30
(e) by subjecting B to any other detriment.
(3) A barrister must not, in relation to a pupillage or tenancy, harass—
(a) the pupil or tenant;
(b) a person who has applied for the pupillage or tenancy.
(4) A barrister (A) must not victimise a person (B)— 35
(a) in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
(b) as to the terms on which A offers B a pupillage or tenancy;
(c) by not offering B a pupillage or tenancy.
(5) A barrister (A) must not victimise a person (B) who is a pupil or tenant— 40
(a) as to the terms on which B is a pupil or tenant;
32
EXPLANATORY NOTES
Clause 45: Advocates
Effect
163. This clause makes it unlawful for practising advocates and their clerks to discriminate
against, harass or victimise devils (trainee advocates) or members of the stable (a group of
advocates working in shared premises) or people seeking to be a devil or member, in respect of
the professional relationship between them. It imposes on advocates a duty to make reasonable
adjustments for disabled devils and stable members.
164. It also makes it unlawful for a person instructing an advocate (for example, a direct
access client or instructing solicitor) to discriminate against, harass or victimise an advocate in
relation to the giving of instructions.
Background
165. This clause replaces similar provisions in current legislation. However, as with the
clause on barristers, this clause no longer protects clients and clerks from discrimination by
advocates because they can respectively seek redress under the “services” and other work
provisions (clause 37 and clause 38) of the Bill.
Example
• An advocate treats one devil less favourably than another by refusing to allow him to
be involved in a particular case because he fears the devil’s sexual orientation may
affect his involvement in the case. This would be direct discrimination.
• An advocate puts pressure on a stable member to leave because the member is

disabled and the advocate does not want to make reasonable adjustments. This would
be direct discrimination.
E33
Equality Bill
Part 5 — Work
(c) by terminating the pupillage;
(d) by subjecting B to pressure to leave chambers;
(6) A person must not, in relation to instructing a barrister—
(a) discriminate against a barrister by subjecting the barrister to a 5
detriment;
(b) harass the barrister;
(c) victimise the barrister.
(7) A duty to make reasonable adjustments applies to a barrister.
(8) The preceding provisions of this section (apart from subsection (6)) apply in 10
relation to a barrister’s clerk as they apply in relation to a barrister; and for that
purpose the reference to a barrister’s clerk includes a reference to a person who
carries out the functions of a barrister’s clerk.
(9) A reference to a tenant includes a reference to a barrister who is permitted to
work in chambers (including as a squatter or door tenant); and a reference to a 15
tenancy is to be construed accordingly.
45 Advocates
(1) An advocate (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding who to take as A’s devil or
to whom to offer membership of a stable; 20
(b) as to the terms on which A offers to take B as A’s devil or offers B
membership of a stable;
(c) by not offering to take B as A’s devil or not offering B membership of a
stable.
(2) An advocate (A) must not discriminate against a person (B) who is a devil or a 25
member of a stable—
(a) as to the terms on which B is a devil or a member of the stable;
other benefit, facility or service; 30
(c) by terminating A’s relationship with B (where B is a devil);
(d) by subjecting B to pressure to leave the stable;
(3) An advocate must not, in relation to a relationship with a devil or membership
of a stable, harass— 35
(a) a devil or member;
(b) a person who has applied to be taken as the advocate’s devil or to
become a member of the stable.
(4) An advocate (A) must not victimise a person (B)—
(a) in the arrangements A makes for deciding who to take as A’s devil or 40
to whom to offer membership of a stable;
(b) as to the terms on which A offers to take B as A’s devil or offers B
membership of a stable;
(c) by not offering to take B as A’s devil or not offering B membership of a
stable. 45
33
EXPLANATORY NOTES
Clause 46: Personal offices: appointments, etc.
Effect
166. This clause makes it unlawful to discriminate against, harass or victimise people who
are or wish to become personal office holders. These provisions apply in so far as other work
provisions do not – this means that where office holders are also employees, they will be
protected by the provisions dealing with employment in respect of their employment
relationship. In respect of sex or maternity/pregnancy discrimination, a term of an offer of an
appointment to office which relates to pay is treated as discriminatory where, if accepted, it
would give rise to an equality clause or, if that is not the case, where the term is directly
discriminatory.
167. Personal office holders are people who perform a function personally at a time and
place specified by another person and who, in return, are entitled to payment (other than
expenses or compensation for lost income). Clause 49(4) provides that, where a personal
office is a public office at the same time, it is to be treated as a public office only.
168. An office holder can be appointed by one person and then an entirely different person
can be responsible for other matters, for example for providing facilities for the office holder
to perform his or her functions. Because of this, the clause prohibits both the person who
makes the appointment and any relevant person from discriminating against, victimising or
harassing the office holder. The relevant person is the person who is responsible for the act
complained of in each case.
169. This clause places a duty to make reasonable adjustments on a person who makes the
appointment and any relevant person in relation to the needs of disabled people who seek or
E34 hold personal offices.
Equality Bill
Part 5 — Work
(5) An advocate (A) must not victimise a person (B) who is a devil or a member of
a stable—
(a) as to the terms on which B is a devil or a member of the stable;
opportunities for training or gaining experience or for receiving any 5
(c) by terminating A’s relationship with B (where B is a devil);
(d) by subjecting B to pressure to leave the stable;
(6) A person must not, in relation to instructing an advocate— 10
(a) discriminate against the advocate by subjecting the advocate to a
detriment;
(b) harass the advocate;
(c) victimise the advocate.
(7) A duty to make reasonable adjustments applies to an advocate. 15
(8) This section (apart from subsection (6)) applies in relation to an advocate’s
clerk as it applies in relation to an advocate; and for that purpose the reference
to an advocate’s clerk includes a reference to a person who carries out the
functions of an advocate’s clerk.
(9) “Advocate” means a practising member of the Faculty of Advocates. 20
Office-holders

(1) This section applies in relation to personal offices.
(2) A personal office is an office or post—
(a) to which a person is appointed to discharge a function personally 25
under the direction of another person, and
(b) in respect of which an appointed person is entitled to remuneration.
(3) A person (A) who has the power to make an appointment to a personal office
must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding to whom to offer the 30
appointment;
(b) as to the terms on which A offers B the appointment;
(c) by not offering B the appointment.
(4) A person who has the power to make an appointment to a personal office must
not, in relation to the office, harass a person seeking, or being considered for, 35
the appointment.
(5) A person (A) who has the power to make an appointment to a personal office
must not victimise a person (B)—
(a) in the arrangements A makes for deciding to whom to offer the
appointment; 40
34
EXPLANATORY NOTES
Background
170. This clause is designed to replicate the effect of provisions in current legislation.
Examples
• A company board refuses to appoint a candidate as director because she is black. This
would be direct discrimination.
• A company terminates the appointment of a director because it is discovered that the

she is pregnant. This would be direct discrimination.
Clause 47: Public offices: appointments, etc.
Effect
171. This clause makes it unlawful to discriminate against, harass or victimise people who
are or wish to become public office holders. Like the personal office holder provisions above,
these provisions apply in so far as other work provisions do not. This means that where public
office holders are also employees, they will be protected by the provisions dealing with
employment in respect of their employment. In respect of sex or maternity/pregnancy
discrimination, a term of an offer of an appointment to office which relates to pay is treated as
E35
Equality Bill
Part 5 — Work
(6) A person (A) who is a relevant person in relation to a personal office must not
discriminate against a person (B) appointed to the office—
(a) as to the terms of B’s appointment;
(c) by terminating B’s appointment;
(7) A relevant person in relation to a personal office must not, in relation to that
office, harass a person appointed to it. 10
(8) A person (A) who is a relevant person in relation to a personal office must not
victimise a person (B) appointed to the office—
(a) as to the terms of B’s appointment;
(c) by terminating B’s appointment;
(a) a person who has the power to make an appointment to a personal 20
office;
(b) a relevant person in relation to a personal office.
(10) For the purposes of subsection (2)(a), a person is to be regarded as discharging
functions personally under the direction of another person if that other person
is entitled to direct the person as to when and where to discharge the functions. 25
(11) For the purposes of subsection (2)(b), a person is not to be regarded as entitled
to remuneration merely because the person is entitled to payments—
(a) in respect of expenses incurred by the person in discharging the
functions of the office or post, or
(b) by way of compensation for the loss of income or benefits the person 30
would or might have received had the person not been discharging the
functions of the office or post.
(12) Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not
(a) unless, were B to accept the offer, an equality clause or rule would have 35
terms including that term amounts to a contravention of subsection
47 Public offices: appointments, etc. 40

(1) This section and section 48 apply in relation to public offices.
(2) A public office is—
(a) an office or post, appointment to which is made by a member of the
executive;
35
EXPLANATORY NOTES
discriminatory where, if accepted, it would give rise to an equality clause or if that is not the
case where the term is directly discriminatory.
172. Public office holders are people appointed by, on the recommendation of, or with the
approval of, a member of the executive branch of Government, such as a Government
Minister, or people who are appointed on the recommendation, or subject to the approval of,
either of the Houses of Parliament, the National Assembly for Wales, or the Scottish
Parliament.
173. A public office holder can be appointed by one person and then an entirely different
person can be responsible for other matters, for example for providing facilities for the office
holder to perform his or her functions. Because of this, the clause prohibits both the person
with the power to make the appointment and the relevant person from discriminating against,
victimising or harassing the office holder. The relevant person is the person who is responsible
for the act complained of in each case (but does not include either of the Houses of Parliament,
the National Assembly for Wales or the Scottish Parliament).
174. This clause also places on the person who has the power to make an appointment and
any relevant person a duty to make reasonable adjustments for disabled people seeking or
holding public offices.
Background
175. This clause for the most part is designed to replicate the effect of provisions in current
legislation. It also extends protection from discrimination, harassment and victimisation to
those appointed on the recommendation or approval of law making bodies such as the Scottish
Parliament and the Welsh Assembly.
176. Examples
• A Government Minister with the power to appoint the non-executive board members
of a non-departmental public body fails to appoint a candidate because he is gay. This
E36
Equality Bill
Part 5 — Work
(b) an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, a member of the
executive;
(c) an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, the House of 5
Commons, the House of Lords, the National Assembly for Wales or the
Scottish Parliament.
(3) A person (A) who has the power to make an appointment to a public office
within subsection (2)(a) or (b) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding to whom to offer the 10
appointment;
(4) A person who has the power to make an appointment to a public office within
subsection (2)(a) or (b) must not, in relation to the office, harass a person 15
seeking, or being considered for, the appointment.
(5) A person (A) who has the power to make an appointment to a public office
within subsection (2)(a) or (b) must not victimise a person (B)—
(a) in the arrangements A makes for deciding to whom to offer the
appointment; 20
(6) A person (A) who is a relevant person in relation to a public office within
subsection (2)(a) or (b) must not discriminate against a person (B) appointed to
the office— 25
(a) as to B’s terms of appointment;
(c) by terminating the appointment; 30
subsection (2)(c) must not discriminate against a person (B) appointed to the
office—
(a) as to B’s terms of appointment; 35
(c) by subjecting B to any other detriment (other than by terminating the
appointment). 40
(8) A relevant person in relation to a public office must not, in relation to that
office, harass a person appointed to it.
subsection (2)(a) or (b) must not victimise a person (B) appointed to the office—
36
EXPLANATORY NOTES
Clause 48: Public offices: recommendations for appointments etc.
Effect
176. This clause makes it unlawful for a person with power to make recommendations
about or approve appointments to public offices to discriminate against, harass or victimise
people seeking or being considered as public office holders in respect of the recommendation
or approval process. It also imposes a duty on the person with the power to make a
recommendation or approve an appointment to make reasonable adjustments for disabled
people who seek or are being considered for appointment to public offices.
177. This clause does not apply in respect of all public offices, only those to which the
appointment is made on the recommendation or approval of a member of the executive or
where the appointment is made by a member of the executive on the recommendation or
approval of a relevant body (for example, a non-departmental public body).
Background
178. This clause is for the most part designed to replicate the effect of provisions in current
legislation. It also extends protection from discrimination, harassment and victimisation to
those appointed by a member of the executive on the recommendation or with the approval of
a non-departmental public body.
Examples
• It would be direct discrimination for the Government Minister responsible for

approving the appointment of members of the BBC Trust to refuse to approve the
appointment of a person because he has a hearing impairment.
E37
Equality Bill
Part 5 — Work
(c) by terminating the appointment;
subsection (2)(c) must not victimise a person (B) appointed to the office—
(c) by subjecting B to any other detriment (other than by terminating the
appointment). 10
(a) a relevant person in relation to a public office;
(b) a person who has the power to make an appointment to a public office
within subsection (2)(a) or (b).
(12) Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not 15
(a) unless, were B to accept the offer, an equality clause or rule would have
terms including that term amounts to a contravention of subsection 20

(1) A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 47(2)(a) or (b),
must not discriminate against a person (B)— 25
(a) in the arrangements A makes for deciding who to recommend for
appointment or to whose appointment to give approval;
(b) by not recommending B for appointment to the office;
(c) by making a negative recommendation of B for appointment to the
office; 30
(d) by not giving approval to the appointment of B to the office.
(2) A person who has the power to make a recommendation for or give approval
to an appointment to a public office within section 47(2)(a) or (b) must not, in
relation to the office, harass a person seeking or being considered for the
recommendation or approval. 35
(3) A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 47(2)(a) or (b),
must not victimise a person (B)—
(a) in the arrangements A makes for deciding who to recommend for
appointment or to whose appointment to give approval; 40
(b) by not recommending B for appointment to the office;
(c) by making a negative recommendation of B for appointment to the
office;
(d) by not giving approval to the appointment of B to the office.
37
EXPLANATORY NOTES
Effect
179. This clause explains the meaning of various terms, such as “relevant person”, used
clauses 46, 47 and 48.
180. It also stipulates that termination of an appointment includes the expiration of the
appointment period or where unreasonable conduct of the relevant person causes the office
holder to terminate the appointment. But it does not count as termination if after expiry of the
appointment the person’s appointment is immediately renewed on the same terms.
E38
Equality Bill
Part 5 — Work
(4) A duty to make reasonable adjustments applies to a person who has the power
to make a recommendation for or give approval to an appointment to a public
office within section 47(2)(a) or (b).
(5) A reference in this section to a person who has the power to make a
recommendation for or give approval to an appointment to a public office 5
within section 47(2)(a) is a reference only to a relevant body which has that
power; and for that purpose “relevant body” means a body established—
(a) by or in pursuance of an enactment, or
(b) by a member of the executive.

(1) This section applies for the purposes of sections 46 to 48.
(2) “Personal office” has the meaning given in section 46.
(3) “Public office” has the meaning given in section 47.
(4) An office or post which is both a personal office and a public office is to be
treated as being a public office only. 15
(5) Appointment to an office or post does not include election to it.
(6) “Relevant person”, in relation to an office, means the person who, in relation to
a matter specified in the first column of the table, is specified in the second
column (but a reference to a relevant person does not in any case include the
House of Commons, the House of Lords, the National Assembly for Wales or 20
the Scottish Parliament).
Matter Relevant person
A term of appointment The person who has the power to set

the term.
Access to an opportunity The person who has the power to 25
afford access to the opportunity (or, if
there is no such person, the person who
has the power to make the
appointment).
Terminating an appointment The person who has the power to 30
terminate the appointment.
Subjecting an appointee to any The person who has the power in
other detriment relation to the matter to which the
conduct in question relates (or, if there
is no such person, the person who has 35
the power to make the appointment).
Harassing an appointee The person who has the power in
relation to the matter to which the
conduct in question relates.
(7) A reference to termination of a person’s appointment includes a reference to 40

termination—
38
EXPLANATORY NOTES
Clause 50: Qualifications bodies
Effect
181. This clause makes it unlawful for a qualifications body (as defined in clause 122) to
discriminate against, harass or victimise a person when conferring relevant qualifications
(which includes renewing or extending a qualification). It provides that applying a competence
standard to a disabled person is not disability discrimination, provided the application of the
standard is justified. It also imposes a duty on qualifications bodies to make reasonable
adjustments for disabled people.
Background
182. This clause replaces similar provisions in current legislation. It also extends the
protection to cover discrimination in the arrangements made for determining upon whom a
relevant qualification should be conferred.
Examples
• A body which confers diplomas certifying that people are qualified electricians
refuses to confer the qualification on a man simply because he is gay. This would be
direct discrimination.
• An organisation which maintains a register of professional tradespeople refuses to

include a person’s details on the register because her name does not sound English.
This would be direct discrimination.
E39
Equality Bill
Part 5 — Work
(b) by an act of the person (including giving notice) in circumstances such
that the person is entitled, because of the relevant person’s conduct, to
terminate the appointment without notice. 5
(8) Subsection (7)(a) does not apply if, immediately after the termination, the
appointment is renewed on the same terms.
(9) Schedule 6 (excluded offices) has effect.
Qualifications
50 Qualifications bodies 10
(1) A qualifications body (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
(b) as to the terms on which it is prepared to confer a relevant qualification
on B; 15
(c) by not conferring a relevant qualification on B.
(2) A qualifications body (A) must not discriminate against a person (B) upon
whom A has conferred a relevant qualification—
(a) by withdrawing the qualification from B;
(b) by varying the terms on which B holds the qualification; 20
(3) A qualifications body must not, in relation to conferment by it of a relevant
qualification, harass—
(a) a person who holds the qualification, or
(b) a person who applies for it. 25
(4) A qualifications body (A) must not victimise a person (B)—
(b) as to the terms on which it is prepared to confer a relevant qualification
on B; 30
(5) A qualifications body (A) must not victimise a person (B) upon whom A has
conferred a relevant qualification—
(a) by withdrawing the qualification from B;
(b) by varying the terms on which B holds the qualification; 35
(6) A duty to make reasonable adjustments applies to a qualifications body.
(7) The application by a qualifications body of a competence standard to a
disabled person is not disability discrimination unless it is discrimination by
virtue of section 18. 40
39
EXPLANATORY NOTES
Effect
183. This clause explains the meaning of various terms used in clause 50. In particular, it
defines a qualifications body as a body which can confer any academic, medical, technical or
other standard which is required to carry out a particular trade or profession, or which better
enables a person to do so by, for example, determining whether the person has a particular
level of competence or ability.
184. It also makes clear that bodies such as schools, institutions of further and higher
education and education authorities which confer qualifications such as A Levels and GCSEs
are not qualifications bodies for the purposes of clause 50.
Background
185. This clause is designed to replicate the effect of similar provisions in current
legislation.
Example
• Examples of qualifications bodies are the Public Carriage Office (which licenses cab
drivers in London), the British Horseracing Authority and the General Medical
Council. Also included is any body which confers a diploma on people pursuing a
particular trade (for example, plumbers), even if the diploma is not strictly necessary
to pursue a career in that trade but shows that the person has reached a certain
standard.
Clause 52: Employment service-providers
Effect
186. This clause makes it unlawful to discriminate against, harass or victimise a person
when providing an employment service. It also places a duty on providers of employment
services to make reasonable adjustments for disabled people. Employment services are
defined in clause 53.
Background
187. This clause replaces the separate provisions for vocational training and employment
agencies in current legislation with a single provision covering both.
Examples
• A company which provides courses to train people to be plumbers refuses to enrol

women. This would be direct discrimination.
• An agency which supplies schools with teachers offers placements only to white
teachers. This would be direct discrimination.
E40
Equality Bill
Part 5 — Work
51 Interpretation
(2) A qualifications body is an authority or body which can confer a relevant
qualification.
(3) A relevant qualification is an authorisation, qualification, recognition, 5
registration, enrolment, approval or certification which is needed for, or
facilitates engagement in, a particular trade or profession.
(4) An authority or body is not a qualifications body in so far as—
(a) it can confer a qualification to which section 91 applies,
(b) it is the responsible body of a school to which section 80 applies, 10
(c) it is the governing body of an institution to which section 86 applies,
(d) it exercises functions under the Education Acts, or
(e) it exercises functions under the Education (Scotland) Act 1980.
(5) A reference to conferring a qualification includes a reference to renewing or
extending the conferment of a qualification. 15
(6) A competence standard is an academic, medical or other standard applied for
the purpose of determining whether or not a person has a particular level of
competence or ability.
Employment services
52 Employment service-providers 20
(1) A person (an “employment service-provider”) concerned with the provision of
an employment service must not discriminate against a person—
(a) in the arrangements the service-provider makes for selecting persons to
whom to provide, or to whom to offer to provide, the service;
(b) as to the terms on which the service-provider offers to provide the 25
service to the person;
(c) by not offering to provide the service to the person.
(2) An employment service-provider (A) must not, in relation to the provision of
an employment service, discriminate against a person (B)—
(a) as to the terms on which A provides the service to B; 30
(b) by not providing the service to B;
(c) by terminating the provision of the service to B;
(3) An employment service-provider must not, in relation to the provision of an
employment service, harass— 35
(a) a person who asks the service-provider to provide the service, or
(b) a person for whom the service-provider provides the service.
40
EXPLANATORY NOTES
• A firm which offers work placements must make reasonable adjustments for disabled
people to have access to any equipment they may need.
Effect
188. This clause explains what the provision of an employment service includes (such as
the provision of training for employment or careers guidance), and what it does not include
(such as education in schools), for the purposes of clause 52.
Example
• Examples of the types of activities covered under this clause include providing CV
writing classes, English or Maths classes to help adults into work; training in IT/
keyboard skills; or providing work placements.
E41
Equality Bill
Part 5 — Work
(4) An employment service-provider (A) must not victimise a person (B)—
(a) in the arrangements A makes for selecting persons to whom to provide,
or to whom to offer to provide, the service;
(b) as to the terms on which A offers to provide the service to B;
(c) by not offering to provide the service to B. 5
(5) An employment service-provider (A) must not, in relation to the provision of
an employment service, victimise a person (B)—
(b) by not providing the service to B;
(c) by terminating the provision of the service to B; 10
(6) A duty to make reasonable adjustments applies to an employment service-
provider (except in relation to the provision of an employment service within
subsection 53(2)(a), (b) or (c)).
53 Interpretation 15
(2) The provision of an employment service includes—
(a) the provision of vocational training;
(b) the provision of vocational guidance;
(c) making arrangements for the provision of vocational training or 20
vocational guidance;
(d) the provision of a service for finding employment for persons;
(e) the provision of a service for supplying employers with persons to do
work;
(f) the provision of a service in pursuance of arrangements made under 25
section 2 of the Employment and Training Act 1973 (functions of the
Secretary of State relating to employment);
(g) the provision of a service in pursuance of arrangements made or a
direction given under section 10 of that Act (careers services);
(h) the exercise of a function in pursuance of arrangements made under 30
section 2(3) of the Enterprise and New Towns (Scotland) Act 1990
(functions of Scottish Enterprise, etc. relating to employment);
(i) an assessment related to the conferment of a relevant qualification
within the meaning of section 50 above (except in so far as the
assessment is by the qualifications body which confers the 35
qualification).
(3) An employment service does not include a service the provision of which is
otherwise than by way of a trade or profession.
(4) This section does not apply in relation to training or guidance in so far as it is
training or guidance in relation to which another provision of this Part applies. 40
(5) This section does not apply in relation to training or guidance for pupils of a
school to which section 80 applies in so far as it is training or guidance to which
the responsible body of the school has power to afford access (whether as the
responsible body of that school or as the responsible body of any other school
at which the training or guidance is provided). 45
41
EXPLANATORY NOTES
Clause 54: Trade organisations
Effect
189. This clause makes it unlawful for a trade organisation to discriminate against, harass
or victimise a person who is, or is applying to be, a member. It also requires trade
organisations to make reasonable adjustments for disabled people.
190. A trade organisation is an organisation of workers (such as a trade union) or

employers (such as the Chambers of Commerce); or an organisation whose members carry out
a particular trade or profession (such as the British Medical Association, the Institute of Civil
Engineers and the Law Society).
Background
legislation. It also extends the protection to cover discrimination in the arrangements made for
determining to whom membership should be offered.
Examples
• A trade union restricts its membership to men. This would be direct discrimination.
• An organisation of employers varies membership subscriptions or access to

conferences because of a person’s race. This would be direct discrimination.
E42
Equality Bill
Part 5 — Work
(6) This section does not apply in relation to training or guidance for students of
an institution to which section 86 applies in so far as it is training or guidance
to which the governing body of the institution has power to afford access.
(7) In so far as a service is an employment service—
(a) its provision is not the provision of a service, or the exercise of a public 5
function, for the purposes of Part 3 (services and public functions);
(b) it is not a benefit, facility or service for the purposes of Part 7
(associations).
(8) “Vocational training” means—
(a) training for employment, or 10
(b) work experience (including work experience the duration of which is
not agreed until after it begins).
(9) A reference to training includes a reference to facilities for training.
Trade organisations
54 Trade organisations 15
(1) A trade organisation (A) must not discriminate against a person (B)—
membership of the organisation;
(b) as to the terms on which it is prepared to admit B as a member;
(c) by not accepting B’s application for membership. 20
(2) A trade organisation (A) must not discriminate against a member (B)—
(a) in the way it affords B access, or by not affording B access, to
opportunities for receiving a benefit, facility or service;
(b) by depriving B of membership;
(c) by varying the terms on which B is a member; 25
(3) A trade organisation must not, in relation to membership of it, harass—
(a) a member, or
(b) an applicant for membership.
(4) A trade organisation (A) must not victimise a person (B)— 30
membership of the organisation;
(b) as to the terms on which it is prepared to admit B as a member;
(c) by not accepting B’s application for membership.
(5) A trade organisation (A) must not victimise a member (B)— 35
(a) in the way it affords B access, or by not affording B access, to
opportunities for receiving a benefit, facility or service;
(c) by varying the terms on which B is a member;
(d) by subjecting B to any other detriment. 40
(6) A duty to make reasonable adjustments applies to a trade organisation.
(7) A trade organisation is—
42
EXPLANATORY NOTES
Clause 55: Official business of members
Effect
192. This clause makes it unlawful for local authorities to discriminate against, harass or
victimise their members in relation to providing access to facilities such as training which
relate to the carrying out of their official business. This does not apply to election or
appointment to posts within the local authority. It imposes a duty on local authorities to make
reasonable adjustments for disabled members.
Background
193. This clause extends protection currently in the Disability Discrimination Act 1995 to
all protected characteristics.
Example
• A local authority does not equip meeting rooms with hearing loops for a member who
has a hearing impairment, in order to enable her to take full part in the business for
which she has been elected. This would be direct discrimination if provision of
hearing loops were considered to be a reasonable adjustment.
Effect
194. This clause explains the meaning of various terms used in clause 55. In particular, it
lists the various bodies which are included in the term “local authority” and provides a power
for a Minister of the Crown to add to this list of bodies. It also explains what is meant by
“members of a local authority carrying out official business”.
Example
• A local authority member who is considering an application for planning permission

whilst sitting on a council's Planning Committee would be undertaking “official
business”.
E43
Equality Bill
Part 5 — Work
(a) an organisation of workers,
(b) an organisation of employers, or
(c) any other organisation whose members carry on a particular trade or
profession for the purposes of which the organisation exists.
Local authority members 5

(1) A local authority must not discriminate against a member of the authority in
relation to the member’s carrying out of official business—
(a) in the way the authority affords the member access, or by not affording
the member access, to opportunities for training or for receiving any 10
other facility;
(b) by subjecting the member to any other detriment.
(2) A local authority must not, in relation to a member’s carrying-out of official
business, harass the member.
(3) A local authority must not victimise a member of the authority in relation to 15
the member’s carrying out of official business—
(a) in the way the authority affords the member access, or by not affording
the member access, to opportunities for training or for receiving any
other facility;
(b) by subjecting the member to any other detriment. 20
(4) A member of a local authority is not subjected to a detriment for the purposes
of subsection (1)(b) or (3)(b) only because the member is—
(a) not appointed or elected to an office of the authority,
(b) not appointed or elected to, or to an office of, a committee or sub-
committee of the authority, or 25
(c) not appointed or nominated in exercise of an appointment power of the
authority.
(5) In subsection (4)(c), an appointment power of a local authority is a power of the
authority, or of a group of bodies including the authority, to make—
(a) appointments to a body; 30
(b) nominations for appointment to a body.
(6) A duty to make reasonable adjustments applies to a local authority.
56 Interpretation
(2) “Local authority” means— 35
(a) a county council in England;
(b) a district council in England;
(c) the Greater London Authority;
(d) a London borough council;
(e) the Common Council of the City of London; 40
(f) the Council of the Isles of Scilly;
(g) a parish council in England;
43
EXPLANATORY NOTES
Chapter 2: Occupational pension schemes
Clause 57: Non-discrimination rule
Effects
195. This clause requires that every occupational pension scheme is to have a non-
discrimination rule read into it. The rule prohibits “a responsible person” from discriminating,
harassing or victimising a member or a person who could become a member of the scheme.
196. A responsible person is a scheme trustee or manager, an employer, and the person
responsible for appointing a person to a public office, where the office holder can be a scheme
member.
197. The rule does not apply to pension rights built up or benefits payable for periods of
service before the commencement of this clause. Periods of service prior to this date will be
subject to the previous discrimination legislation.
198. Where there has been a breach of a non-discrimination rule, proceedings may be
brought against the person responsible for the breach under Part 9 of the Bill.
199. Pension credit members are not protected from discrimination because their rights are
derived from an order of the court, rather than directly from employment.
200. It would not be a breach of a non-discrimination rule if an employer or the trustees or

managers to maintain certain practices or make decisions in relation to age that are specified
by order by Ministers.
E44
Equality Bill
Part 5 — Work
(h) a county council in Wales;
(i) a community council in Wales;
(j) a county borough council in Wales;
(k) a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994; 5
(l) a community council in Scotland.
(3) A Minister of the Crown may by order amend subsection (2) so as to add, vary
or omit a reference to a body which exercises functions that have been
conferred on a local authority within paragraph (a) to (l).
(4) A reference to the carrying-out of official business by a person who is a 10
member of a local authority is a reference to the doing of anything by the
person—
(a) as a member of the authority,
(b) as a member of a body to which the person is appointed by, or
appointed following nomination by, the authority or a group of bodies 15
including the authority, or
(c) as a member of any other public body.
(5) “Member”, in relation to the Greater London Authority, means—
(a) the Mayor of London;
(b) a member of the London Assembly. 20
CHAPTER 2
(1) An occupational pension scheme must be taken to include a non-
discrimination rule. 25
(2) A non-discrimination rule is a provision by virtue of which a responsible
person (A)—
(a) must not discriminate against another person (B) in carrying out any of
A’s functions in relation to the scheme;
(b) must not, in relation to the scheme, harass B; 30
(c) must not, in relation to the scheme, victimise B.
(3) The provisions of an occupational pension scheme have effect subject to the
non-discrimination rule.
(4) The following are responsible persons—
(a) the trustees or managers of the scheme; 35
(b) an employer whose employees are, or may be, members of the scheme;
(c) a person exercising an appointing function in relation to an office the
holder of which is, or may be, a member of the scheme.
(5) A non-discrimination rule does not apply in relation to a person who is a
pension credit member of a scheme. 40
(6) An appointing function is any of the following—
(a) the function of appointing a person;
44
EXPLANATORY NOTES
201. The non-discrimination rule does not apply where an equality rule operates or would
operate, but for the exceptions in Part 2 of Schedule 7.
Background
202. Occupational pension schemes are already required to have non-discrimination rules
in respect of age, disability, religion or belief and sexual orientation. When this provision
comes into force, they will also have to have non-discrimination rules in respect of gender
reassignment, marriage and civil partnership and sex.
203. Exceptions to the non-discrimination rule in relation to age are currently set out at
Schedule 2 to the Employment Equality (Age) Regulations 2006 (SI 2006/1031).
Example
• A disabled person is refused membership of an occupational pension scheme because

the trustees believe it is not in the person’s best interest to join. This is because the
person has a short life expectancy and is unlikely to build up a reasonable pension.
Although the trustees believe they are acting reasonably, they may be liable to
challenge because they have breached the non-discrimination rule.
Clause 58: Communications
Effect
204. This clause applies clause 114, 120 and paragraph 19 of Schedule 8 and the provisions
of this Chapter, in their application to communications, to a disabled person who is:
• entitled to the present payment of dependants’ or survivors’ benefits under an

occupational pension scheme, or
• entitled to a pension derived from a divorce settlement (pension credit member).
Background
205. This clause replaces the current provisions in the Disability Discrimination Act 1995.
Chapter 3: Equality of terms
Clause 59: Relevant types of work
Effect
206. This Chapter contains provisions designed to achieve equality between men and
women in pay and other terms of employment where the work of an employee and his or her
E45
Equality Bill
Part 5 — Work
Chapter 2 — Occupational pension schemes
(b) the function of terminating a person’s appointment;
(c) the function of recommending a person for appointment;
(d) the function of approving an appointment.
(7) The breach of a non-discrimination rule is a contravention of this Part for the
purposes of Part 9 (enforcement). 5
(8) It is not a breach of a non-discrimination rule for the employer or the trustees
or managers of a scheme to maintain or use in relation to the scheme rules,
practices, actions or decisions relating to age which are of a description
specified by order by a Minister of the Crown.
(9) An order authorising the use of rules, practices, actions or decisions which are 10
not in use before the order comes into force must not be made unless the
Minister consults such persons as the Minister thinks appropriate.
(10) A non-discrimination rule does not have effect in relation to an occupational
pension scheme in so far as an equality rule has effect in relation to it (or would
have effect in relation to it but for Part 2 of Schedule 7). 15
(11) A duty to make reasonable adjustments applies to a responsible person.
58 Communications
(1) In their application to communications the following provisions apply in
relation to a disabled person within subsection (2) as they apply in relation to
a disabled person who is a member of an occupational pension scheme— 20
(a) section 57;
(b) section 114;
(c) section 120;
(d) paragraph 19 of Schedule 8 (and such other provisions of that Schedule
as apply for the purposes of that paragraph). 25
(2) A disabled person within this subsection is a disabled person who is—
(a) entitled to the present payment of dependants’ or survivors’ benefits
under the scheme, or
(b) a pension credit member of the scheme.
(3) Communications include— 30
(a) the provision of information;
(b) the operation of a dispute resolution procedure.
CHAPTER 3
EQUALITY OF TERMS
Sex equality 35

Sections 61 to 65 apply where—
45
EXPLANATORY NOTES
comparator of the opposite sex is equal. It does so by providing for a sex equality clause to be
read into the employee’s contract of employment. This is designed to ensure parity of terms
between the employee and his or her comparator. A similar provision – referred to as a sex
equality rule – is implied into the terms of pension schemes.
207. This clause explains that the clauses mentioned which impose the equality clause and
equality rule apply to employees, office holders and, by virtue of subsection (3) of clause 78,
members of the armed forces, where one person’s work is equal to the work of another.
208. Background
208. This is a new provision that is designed to clarify to whom the equality clause and
equality rule provisions of the Bill apply. The reference to colleague and its definition clarify,
but do not widen the existing provisions on who a person can use as a comparator for the
purpose of a claim for breach of an equality clause or rule.
Examples
• A female employee can compare her work with that of a male colleague employed by
the same employer.
• A male police officer can compare his work with that of a female police officer in the
same force.
Clause 60: Equal work
Effect
209. This clause sets out when the work of two people, whose work is being compared, is
taken to be equal so that an equality clause or equality rule can operate. For work to be equal,
a claimant must establish that he or she is doing like work, work rated as equivalent or work of
equal value to a comparator’s work. The clause also sets out the factors which determine
whether a person’s work is within one of these categories. The fact that a discriminatory job
evaluation study has been carried out which gives different values to the work of men and
women is not an obstacle to the operation of an equality clause if an evaluation that set the
same values for men and women would have found the jobs to be of equal value.
Background
210. This clause is designed to replicate the substance of definitions contained in the Equal
Pay Act 1970.
Examples
• Male and female supermarket employees who perform similar tasks which require
similar skills will be doing like work even though the men may lift heavier objects
from time to time. This is because the differences are not of practical importance in
relation to their terms of employment.
• A job evaluation study rated the jobs of women and their better paid male comparators
as not equivalent. If the study had not given undue weight to the skills involved in the
men’s jobs, it would have rated the jobs as equivalent. An equality clause would
operate in this situation.
E46
Equality Bill
Part 5 — Work
Chapter 3 — Equality of terms
(a) a person (A) is employed on work that is equal to the work that a
colleague of the opposite sex (B) does;
(b) a person (A) holding a personal or public office does work that is equal
to the work that a colleague (B) of the opposite sex does.
60 Equal work 5
(1) For the purposes of this Chapter, A’s work is equal to that of B if it is—
(a) like B’s work,
(b) rated as equivalent to B’s work, or
(c) of equal value to B’s work.
(2) A’s work is like B’s work if— 10
(a) A’s work and B’s work are the same or broadly similar, and
(b) such differences as there are between their work are not of practical
importance in relation to the terms of their work.
(3) So on a comparison of one person’s work with another’s for the purposes of
subsection (2), it is necessary to have regard to— 15
(a) the frequency with which differences between their work occur in
practice, and
(b) the nature and extent of the differences.
(4) A’s work is rated as equivalent to B’s work if a job evaluation study—
(a) gives an equal value to A’s job and B’s job in terms of the demands 20
made on a worker, or
(b) would give an equal value to A’s job and B’s job in those terms were the
evaluation not made on a sex-specific system.
(5) A system is sex-specific if, for the purposes of one or more of the demands
made on a worker, it sets values for men different from those it sets for women. 25
(6) A’s work is of equal value to B’s work if it is—
(a) neither like B’s work nor rated as equivalent to B’s work, but
46
EXPLANATORY NOTES
Clause 61: Sex equality clause
Effect
211. This clause requires that a sex equality clause be read into the terms under which
people are employed. The effect of this is that any term in the contract which is less
favourable than that of the comparator of the opposite sex is modified so as to ensure that both
have the same effect. Where the comparator benefits from a term which is not available to the
employee, the effect of the sex equality clause is to include such a term in the employee’s
contract of employment.
212. A sex equality clause will operate similarly on the terms of a person who is an
appointee to an office or a member of the armed forces, as it does in relation to an employee.
213. Subsection (3) is intended to ensure that the provisions relating to equality of terms at
work and the provisions governing pension schemes in clauses 62 and 63 operate effectively
together so that action can be taken against an employer as it could against a trustee, to ensure,
for example that a defence that operates in relation to one, will operate in relation to the other.
214. Where a job evaluation study has rated the work of an employee and comparator as
equivalent, the equality clause will give the employee the benefit of all of the comparator’s
terms, including those which have not been determined by the rating of the work.
215. Background
215. This clause is designed to replicate the effect of definitions contained in the Equal Pay
Act 1970.
Example
• A male employee’s contract includes a term that he can use his employer’s car for
private purposes. His female colleague who does equal work does not benefit from this
term. A sex equality clause will have the effect of including in her contract a term
corresponding to that of her male colleague.
Clause 62: Sex equality rule
Effect
216. This clause requires that every occupational pension scheme is to have a sex equality
rule read into it.
217. The rule requires that men and women are treated equally to comparable members of
the opposite sex in relation both to the terms on which they are permitted to join the scheme,
and to the terms on which they are treated once they have become scheme members.
218. The rule, insofar as it applies to the terms on which a person is treated once they have
become a member of the scheme, does not apply to pensionable service before 17 May 1990.
This was the date of the European Court’s decision in Barber v Guardian Royal Exchange
E47
Equality Bill
Part 5 — Work
(b) nevertheless equal to B’s work in terms of the demands made on A by
reference to factors such as effort, skill and decision-making.

(1) If the terms of A’s work do not (by whatever means) include a sex equality
clause, they are to be treated as including one. 5
(2) A sex equality clause is a provision that has the following effect—
(a) if a term of A’s is less favourable to A than a corresponding term of B’s
is to B, A’s term is modified so as not to be less favourable;
(b) if A does not have a term which corresponds to a term of B’s that
benefits B, A’s terms are modified so as to include such a term. 10
(3) Subsection (2)(a) applies to a term of A’s relating to membership of or rights
under an occupational pension scheme only in so far as a sex equality rule
would have effect in relation to the term.
(4) In the case of work within section 60(1)(b), a reference in subsection (2) above
to a term includes a reference to such terms (if any) as have not been 15
determined by the rating of the work (as well as those that have).

(1) If an occupational pension scheme does not include a sex equality rule, it is to
be treated as including one.
(2) A sex equality rule is a provision that has the following effect— 20
(a) if a relevant term is less favourable to A than it is to B, the term is
modified so as not to be less favourable;
(b) if a term confers a relevant discretion capable of being exercised in a
way that would be less favourable to A than to B, the term is modified
so as to prevent the exercise of the discretion in that way. 25
(3) A term is relevant if it is—
47
EXPLANATORY NOTES
Insurance Group, which established that occupational pensions were equal pay for the
purposes of Article 119 of the Treaty of Rome. Where the application of the rule relates to the
terms on which a person becomes a member of the scheme, it has effect from 8 April 1976.
This was the date of the judgment in Defrenne v Sabena, where the Court, in holding that the
principle of equal pay was directly effective, indicated that Article 141 (formerly Article 119)
of the Treaty of Rome should not be applied to periods of service prior to the judgment.
219. Where there has been a breach of a term modified by a sex equality rule, proceedings
may be brought against the person responsible for the breach under Part 9 of the Bill.
Background
220. The clause replaces equivalent equal treatment provisions in section 62 of the
Pensions Act 1995.
Example
• A scheme rule requires employees to work full time before they may join the scheme.
There may be a breach of the equality rule because the scheme rule may have an
adverse impact on female employees, who are less able to comply with the
requirement to work full-time.
Clause 63: Sex equality rule: consequential alteration of schemes
Effect
221. This clause gives trustees and managers of an occupational pension scheme the power,
by resolution, to alter scheme rules to conform to the sex equality rule in clause 62.
222. They may use the power if:
• they lack the power to alter rules; or
• procedures for altering rules, including obtaining consent from another person (for
example the employer), are unduly complex or would take too long.
223. In line with clause 62, where the operation of an equality rule relates to the terms on
which a person becomes a member of the scheme, any alteration made relying on this section
may only have effect from 8 April 1976. Where the alteration relates to a term on which a
member of the scheme is treated, reliance on this section may have effect only from 17 May
1990.
E48
Equality Bill
Part 5 — Work
(a) a term on which persons become members of the scheme, or
(b) a term on which members of the scheme are treated.
(4) A discretion is relevant if its exercise in relation to the scheme is capable of
affecting—
(a) the way in which persons become members of the scheme, or 5
(b) the way in which members of the scheme are treated.
(5) The reference in subsection (3)(b) to a term on which members of a scheme are
treated includes a reference to the term as it has effect for the benefit of
dependants of members.
(6) The reference in subsection (4)(b) to the way in which members of a scheme are 10
treated includes a reference to the way in which they are treated as the scheme
has effect for the benefit of dependants of members.
(7) If the effect of a relevant matter on persons of the same sex differs according to
their family, marital or civil partnership status, a comparison for the purposes
of this section of the effect of that matter on persons of the opposite sex must 15
be with persons who have the same status.
(8) A relevant matter is—
(a) a relevant term;
(b) a term conferring a relevant discretion;
(c) the exercise of a relevant discretion in relation to an occupational 20
pension scheme.
(9) This section, so far as relating to the terms on which persons become members
of an occupational pension scheme, does not have effect in relation to
pensionable service before 8 April 1976.
(10) This section, so far as relating to the terms on which members of an 25
occupational pension scheme are treated, does not have effect in relation to
pensionable service before 17 May 1990.

(1) This section applies if the trustees or managers of an occupational pension
scheme do not have power to make sex equality alterations to the scheme. 30
(2) This section also applies if the trustees or managers of an occupational pension
scheme have power to make sex equality alterations to the scheme but the
procedure for doing so—
(a) is liable to be unduly complex or protracted, or
(b) involves obtaining consents which cannot be obtained or which can be 35
obtained only with undue delay or difficulty.
(3) The trustees or managers may by resolution make sex equality alterations to
the scheme.
(4) Sex equality alterations may have effect in relation to a period before the date
on which they are made. 40
(5) Sex equality alterations to an occupational pension scheme are such alterations
to the scheme as may be required to secure conformity with a sex equality rule.
48
EXPLANATORY NOTES
Background
224. The clause replaces equivalent equal treatment provisions in section 65 of the
Pensions Act 1995.
Example
• The scheme rules of a large scheme require consultation with all the members before
an amendment to the rules may be made. This is impracticable, particularly as some
deferred members cannot be traced. Scheme trustees may make the necessary
alterations to scheme rules relying on this power.
Clause 64: Defence of material factor
Effect
225. As a general rule, if the work of two colleagues of the opposite sex is equal but their
terms are not, the sex equality clause takes effect. This clause provides that neither a sex
equality clause nor a sex equality rule will apply if the employer can show that the difference
in terms is due to a material factor which is relevant and significant and not simply because
one is male and the other female.
226. If there is evidence that the factor which explains the difference in terms is indirectly
discriminatory on grounds of sex, the employer must show that it is a proportionate means of
meeting a legitimate aim or the sex equality clause will apply. For these purposes, the long-
term objective of reducing pay inequality will always count as a legitimate aim.
227. Subsection (4) deals with the application of the material factor defence to
occupational pension schemes.
Background
228. The Equal Pay Act 1970 and Pensions Act 1995 made similar provision permitting
employers and trustees to objectively justify differences to which an equality clause or rule
would otherwise apply. This clause draws those separate provisions into one clause and
clarifies the way in which they are to be applied. The reference in the former legislation to a
difference being “genuinely” due to a material factor has not been repeated in this clause since
the adverb added nothing to the meaning of the requirement, which is that the employer’s
obligation is to show that the reason for the difference is genuine and not a sham. The clause
incorporates the effect of EC law in respect of objective justification of indirectly
discriminatory factors.
229. The reference to an employer’s objective of reducing pay inequality between men and
women always being considered a legitimate aim is new.
230. Examples
• An employer introduces a bonus payment to encourage staff doing the same work to
work a new night shift to maximise production. Only a small number of female staff
can work at night and the bonus payments go almost entirely to male employees.
Despite the disparate effect on the female employees, the employer’s aim is legitimate
and the payment of a bonus to night workers is a proportionate way of achieving it.
E49
Equality Bill
Part 5 — Work

(1) The sex equality clause in A’s terms has no effect in relation to a difference
between A’s terms and B’s terms if the responsible person shows that the
difference is because of a material factor—
(a) which is not the difference of sex, or 5
(b) which is within subsection (2).
(2) A factor is within this subsection if—
(a) A shows that, as a result of the factor, A and persons of the same sex
doing work equal to A’s are put at a particular disadvantage when
compared with persons of the opposite sex doing work equal to A’s, 10
but
(b) the responsible person shows that relying on the factor is a
proportionate means of achieving a legitimate aim.
(3) For the purposes of subsection (2), the long-term objective of reducing
inequality between men’s and women’s terms of work is always to be 15
regarded as a legitimate aim.
(4) A sex equality rule has no effect in relation to a difference between A and B in
the effect of a relevant matter if the trustees or managers of the scheme in
question show that the difference is because of a material factor which is not
the difference of sex. 20
(5) “Relevant matter” has the meaning given in section 62.
(6) For the purposes of this section, a factor is not material unless it is a material
difference between A’s case and B’s.
49
EXPLANATORY NOTES
• A firm of accountants structures employees’ pay on the basis of success in building

relationships with clients (including at after hours client functions). Because of
domestic responsibilities, fewer women than men can maintain regular client contact
and women’s pay is much lower. The employer is unable to show the way it rewards
client relationship building is proportionate, taking into account the disadvantage to
women employees.
• In imposing a new pay structure which seeks to remove pay inequalities between men
and women employees, and to accommodate the interests of all the various groups, an
employer includes measures which seek to protect the pay of the higher paid group for
a short period of time. The intention to remove pay inequalities is a legitimate aim, and
the question will be whether the imposition of the particular temporary pay protection
arrangements is a proportionate means of achieving it.
Clause 65: Exclusion of sex discrimination provisions
Effect
230. This clause ensures that the sex discrimination provisions of the Bill do not apply
where an equality clause or rule operates (or would operate in the absence of a defence of
material factor or the exceptions set out in Part 2 of Schedule 7).
231. The sex discrimination provisions prohibit sex discrimination in relation to non-
contractual pay and benefits such as promotion, transfer and training and in relation to offers
of employment or appointment.
232. The equality of terms provisions operate only in relation to the terms of a contract of
employment, the terms of appointment to a personal or public office and the terms of service
of members of the armed forces.
Background
233. This provision brings together sex discrimination and equality of terms provisions
previously found in the Equal Pay Act 1970 and the Sex Discrimination Act 1975 and explains
how they work together.
Example
• A female sales manager is entitled under her contract to a bonus every year in
proportion to the number of sales her team achieves. She discovers that a male sales
manager for the same firm doing the same job has a contract which includes a larger
bonus payment in relation to the same number of sales. Her claim will be dealt with
under the equality clause provisions.
Clause 66: Sex discrimination in relation to contractual pay
Effect
234. This clause deals with sex discrimination in relation to contractual pay in
circumstances where a sex equality clause would not operate. This could be because there is
no colleague doing equal work with whom a claimant can compare their pay or other terms.
E50
Equality Bill
Part 5 — Work

(1) The relevant sex discrimination provision has no effect in relation to a term of
A’s that—
(a) is modified by, or included by virtue of, a sex equality clause or rule, or
(b) would be so modified or included but for section 64 or Part 2 of 5
Schedule 7.
(2) Neither of the following is sex discrimination for the purposes of the relevant
sex discrimination provision—
(a) the inclusion in A’s terms of a term that is less favourable as referred to
in section 61(2)(a); 10
(b) the failure to include in A’s terms a corresponding term as referred to
in section 61(2)(b).
(3) The relevant sex discrimination provision is, in relation to work of a
description given in the first column of the table, the provision referred to in
the second column so far as relating to sex. 15
Description of work Provision
Employment Section 36(2)

Appointment to a personal office Section 46(6)
Appointment to a public office Section 47(6)
66 Sex discrimination in relation to contractual pay 20

(1) This section applies in relation to a term of a person’s work—
(a) that relates to pay, but
(b) in relation to which a sex equality clause or rule has no effect.
50
EXPLANATORY NOTES
The clause enables a person who is treated less favourably than others by being paid less
because of the person’s sex to pursue a claim for direct discrimination in these circumstances.
Background
235. This clause is a new provision designed to allow claims to be brought where a person
can show evidence of direct sex discrimination in relation to contractual pay but is unable to
gain the benefit of a sex equality clause due to the absence of a comparator doing equal work.
Example
• An employer tells a female employee “I would pay you more if you were a man”. In
the absence of any male comparator the woman cannot bring a claim for breach of an
equality clause but she can bring a claim of direct sex discrimination against the
employer.
Clause 67: Relevant types of work
Effect
236. This clause sets out the types of work that are covered by the provisions for pregnancy
and maternity equality set out in the clauses which follow.
237. Background
237. This clause replaces various provisions in the Equal Pay Act 1970, which set out who
is covered by the pregnancy and maternity equality requirements.
Clause 68: Maternity equality clause
Effect
238. This clause requires that a woman’s contract must be read as including a maternity
equality clause. Clause 69 sets out how a maternity equality clause modifies a woman’s pay.
No comparator is required in these cases.
239. A maternity equality clause is capable of affecting the terms of an occupational

pension scheme but only in the way a maternity equality rule (as described in clause 70 would.
This ensures that the provisions relating to pregnancy and maternity equality of terms at work
and the provision governing pension schemes in clause 70 operate effectively together.
Background
240. This clause reflects provisions of the Equal Pay Act 1970.
E51
Equality Bill
Part 5 — Work
(2) The relevant sex discrimination provision (as defined by section 65) has no
effect in relation to the term except in so far as treatment of the person amounts
to a contravention of the provision by virtue of section 13.
67 Relevant types of work 5

Sections 68 to 71 apply where a woman—
(a) is employed, or
(b) holds a personal or public office.

(1) If the terms of the woman’s work do not (by whatever means) include a 10
maternity equality clause, they are to be treated as including one.
(2) A maternity equality clause is a provision that, in relation to the terms of the
woman’s work, has the effect referred to in section 69(1), (6) and (8).
(3) In the case of a term relating to membership of or rights under an occupational
pension scheme, a maternity equality clause has only such effect as a maternity 15
equality rule would have.
51
EXPLANATORY NOTES
Clause 69: Maternity equality clause: pay
Effect
241. This clause sets out how and when a maternity equality clause affects a woman’s pay
while she is on maternity leave.
242. Firstly the maternity equality clause is designed to ensure that any pay increase a
woman receives (or would have received if she had not been on maternity leave) is taken into
account in the calculation of her maternity-related pay where her terms do not already provide
for this.
243. Secondly, a maternity equality clause will operate to ensure that pay, including any
bonus, is paid to the woman at the time she would have received it if she had not been on
maternity leave.
244. Thirdly, a maternity equality clause will provide for a woman’s pay on her return to
work following maternity leave to take account of any pay increase which she would have
received if she had not been on statutory maternity leave.
Background
245. This clause is designed to replicate the effect of provisions in Equal Pay Act 1970.
Examples
• Early in her maternity leave, a woman receiving maternity-related pay becomes

entitled to an increase of pay. If her terms of employment, do not already provide for
the increase to be reflected in her maternity-related pay, the employer must recalculate
her maternity pay to take account of the increment.
• A woman becomes entitled to a contractual bonus for work she undertook before she
went on maternity leave. The employer cannot delay payment of the bonus and must
pay it to her when it would have been paid had she not been on maternity leave.
E52
Equality Bill
Part 5 — Work

(1) A term of the woman’s work that provides for maternity-related pay to be
calculated by reference to her pay at a particular time is, if each of the following
three conditions is satisfied, modified as mentioned in subsection (5).
(2) The first condition is that, after the time referred to in subsection (1) but before 5
the end of the protected period—
(a) her pay increases, or
(b) it would have increased had she not been on maternity leave.
(3) The second condition is that the maternity-related pay is not—
(a) what her pay would have been had she not been on maternity leave, or 10
(b) the difference between the amount of statutory maternity pay to which
she is entitled and what her pay would have been had she not been on
maternity leave.
(4) The third condition is that the terms of her work do not provide for the
maternity-related pay to be subject to— 15
(a) an increase as mentioned in subsection (2)(a), or
(b) an increase that would have occurred as mentioned in subsection (2)(b).
(5) The modification referred to in subsection (1) is a modification to provide for
the maternity-related pay to be subject to—
(a) any increase as mentioned in subsection (2)(a), or 20
(b) any increase that would have occurred as mentioned in subsection
(2)(b).
(6) A term of her work that—
(a) provides for pay within subsection (7), but
(b) does not provide for her to be given the pay in circumstances in which 25
she would have been given it had she not been on maternity leave,
is modified so as to provide for her to be given it in circumstances in which it
would normally be given.
(7) Pay is within this subsection if it is—
(a) pay (including pay by way of bonus) in respect of times before the 30
woman is on maternity leave,
(b) pay by way of bonus in respect of times when she is on compulsory
maternity leave, or
(c) pay by way of bonus in respect of times after the end of the protected
period. 35
(8) A term of the woman’s work that—
(a) provides for pay after the end of the protected period, but
(b) does not provide for it to be subject to an increase to which it would
have been subject had she not been on maternity leave,
is modified so as to provide for it to be subject to the increase. 40
(9) Maternity-related pay is pay (other than statutory maternity pay) to which a
woman is entitled—
(a) as a result of being pregnant, or
(b) in respect of times when she is on maternity leave.
52
EXPLANATORY NOTES
Clause 70: Maternity equality rule
Effect
246. This clause introduces a maternity equality rule into all occupational pension schemes.
247. The effect of the rule is that any period when woman is on maternity leave should be
treated as time when she is not, in particular in relation to any rule of an occupational pension
scheme which can be applied in respect of:
• scheme membership,
• accrual of scheme rights, and
• determination of benefits.
248. The clause makes similar provision in relation to any discretion under scheme rules
which can be exercised in a way that treats a period of maternity leave differently from time
when a woman is not on maternity leave.
249. The woman’s contributions to the scheme during maternity leave need be determined
only by reference to the amount she is paid during maternity leave.
250. The provisions of the clause apply only to women on unpaid ordinary maternity leave
where the expected week of confinement began on or after 6 April 2003.
251. The provisions of the clause apply only to a woman on unpaid additional maternity
leave where the expected week of confinement began on or after 5 October 2008 and they do
not apply to the accrual of scheme rights.
252. Where there has been a breach of a term modified by a maternity equality rule,
proceedings may be brought against the person responsible for the breach under Part 9.
Background
253. This clause replaces the current provisions on “unfair maternity provisions” in
paragraph 5 of Schedule 5 to the Social Security Act 1989 and replicates aspects of
Regulations 9 and 18A of the Maternity and Parental Leave etc Regulations 1999.
Examples
• A woman who is on maternity leave will be entitled to continuing membership of the

scheme throughout the period of maternity leave whether or not she is paid.
• A woman who is paid whilst on maternity leave will be entitled to accrue rights in a
scheme as though she were paid her usual salary but she will only be required to make
contributions based on her actual pay.
E53
Equality Bill
Part 5 — Work
(10) A reference to the protected period is to be construed in accordance with
section 17.

(1) If an occupational pension scheme does not include a maternity equality rule,
it is to be treated as including one. 5
(2) A maternity equality rule is a provision that has the effect set out in subsections
(3) and (4).
(3) If a relevant term does not treat time when the woman is on maternity leave as
it treats time when she is not, the term is modified so as to treat time when she
is on maternity leave as time when she is not. 10
(4) If a term confers a relevant discretion capable of being exercised so that time
when she is on maternity leave is treated differently from time when she is not,
the term is modified so as not to allow the discretion to be exercised in that
way.
(5) A term is relevant if it is— 15
(a) a term relating to membership of the scheme,
(b) a term relating to the accrual of rights under the scheme, or
(c) a term providing for the determination of the amount of a benefit
payable under the scheme.
(6) A discretion is relevant if its exercise is capable of affecting— 20
(a) membership of the scheme,
(b) the accrual of rights under the scheme, or
(c) the determination of the amount of a benefit payable under the scheme.
(7) This section does not require the woman’s contributions to the scheme in
respect of time when she is on maternity leave to be determined otherwise than 25
by reference to the amount she is paid in respect of that time.
(8) This section, so far as relating to time when she is on ordinary maternity leave
but is not being paid by her employer, applies only in a case where the
expected week of childbirth began on or after 6 April 2003.
(9) This section, so far as relating to time when she is on additional maternity leave 30
but is not being paid by her employer—
(a) does not apply to the accrual of rights under the scheme in any case;
(b) applies for other purposes only in a case where the expected week of
childbirth began on or after 5 October 2008.
(10) In this section— 35
(a) a reference to being on maternity leave includes a reference to having
been on maternity leave, and
(b) a reference to being paid by the employer includes a reference to
receiving statutory maternity pay from the employer.
53
EXPLANATORY NOTES
Clause 71: Exclusion of pregnancy and maternity discrimination provisions
Effect
254. This clause provides that the pregnancy and maternity discrimination provisions of the
Bill do not apply where a maternity clause or rule operates.
255. The maternity discrimination provisions prohibit discrimination in relation to non-

contractual pay and benefits such as promotion, transfer and training and in relation to offers
of employment or appointment.
256. The maternity equality clause provisions operate only in relation to terms of a contract
of employment, the terms of appointment to a personal or public office and the terms of
service of members of the armed forces and do so by including an equality clause to modify
terms governing maternity-related pay.
Background
257. This provision explains the relationship between the two sets of provisions and is
intended to ensure that they provide seamless protection against pregnancy and maternity-
related inequality.
Example
• A woman who is line for promotion tells her employer that she is pregnant. The
employer tells the woman he will not promote her because she is likely to be absent on
maternity leave during a very busy period. This will be direct pregnancy
discrimination.
Clause 72: Discussions with colleagues
Effect
258. This clause is designed to protect people who discuss their pay with colleagues (as
defined in clause 74) with a view to finding out if differences exist that are related to a
protected characteristic. Any action taken against them by the employer as a result of doing so
is treated as victimisation, as defined in clause 25, as applied in the clauses listed in the table.
259. Terms of employment or appointment that prevent or restrict people from disclosing
their pay to their colleagues are made unenforceable to the extent that they would prevent or
restrict such a discussion.
Background
260. This clause is new. It is intended to ensure that there is greater transparency and
dialogue within workplaces about pay.
E54
Equality Bill
Part 5 — Work
(1) The relevant pregnancy and maternity discrimination provision has no effect
in relation to a term of the woman’s work that is modified by a maternity
equality clause or rule.
(2) The inclusion in the woman’s terms of a term that requires modification by 5
virtue of section 68(2) or (3) is not pregnancy and maternity discrimination for
the purposes of the relevant pregnancy and maternity discrimination
provision.
(3) The relevant pregnancy and maternity discrimination provision is, in relation
to a description of work given in the first column of the table, the provision 10
referred to in the second column so far as relating to pregnancy and maternity.
Description of work Provision

Appointment to a personal office Section 46(6)
Appointment to a public office Section 47(6) 15

(1) A term of a person’s work that prevents or restricts the person (P) from being
involved in discussions with colleagues about the terms of P’s work is
unenforceable against P in so far as P is involved in a relevant pay discussion. 20
(2) A relevant pay discussion is a discussion with a colleague—
(a) which is about pay, and
(b) which relates to whether or to what extent there is, in relation to the
work in question, a connection between pay and having (or not having)
a particular protected characteristic. 25
(3) Being involved in a discussion includes—
(a) seeking the disclosure by a colleague of information;
(b) disclosing information to a colleague;
(c) receiving information disclosed by a colleague.
54
EXPLANATORY NOTES
Examples
• A female employee thinks she is underpaid compared with a male colleague. She asks
him what he is paid, and he tells her. The employer takes disciplinary action against
the man as a result. The man can bring a claim for victimisation against the employer
for disciplining him.
• A female employee discloses her pay to one of her employer’s competitors in breach
of a confidentiality clause in her contract. The employer could take action against her
in relation to that breach.
Clause 73: Gender pay gap information
Effect
261. This clause enables a Minister of the Crown to make regulations requiring private
sector employers with at least 250 employees in Great Britain to publish information about the
differences in pay between their male and female employees. The regulations may specify,
among other things, the form and timing of the publication, which will be no more frequently
than annually. The regulations may also specify penalties for non-compliance. Employers who
do not comply with the publication requirements could face civil enforcement procedures or
be liable for a criminal offence, punishable by a fine of up to £5,000.
Background
262. This is a new provision. The Government wants large private sector employers in
Great Britain to publish information on what they pay their male and female employees, so
that their gender pay gap (the size of the difference between men and women’s pay expressed
as a percentage) is in the public domain.
263. The Government’s aim is for employers regularly to publish such information on a
voluntary basis. To give voluntary arrangements time to work, the Government does not
intend to make regulations under this power before April 2013. The power would then be used
only if sufficient progress on reporting had not been made by that time.
E55
Equality Bill
Part 5 — Work
(4) Being involved in a relevant pay discussion is to be treated as a protected act
for the purposes of the relevant victimisation provision.
(5) The relevant victimisation provision is, in relation to a description of work
specified in the first column of the table, section 25 in so far as it applies for the
purposes of a provision mentioned in the second column. 5
Description of work Provision by virtue of which

section 25 has effect
Employment Section 36(3) or (4)

Appointment to a personal office Section 46(5) or (8)
Appointment to a public office Section 47(5) or (9) 10
(6) A reference to a colleague includes a reference to a person who used to be a

colleague in relation to the work in question.

(1) A Minister of the Crown may by regulations require employers to publish
information relating to the pay of employees for the purpose of showing 15
whether, by reference to factors of such description as is prescribed, there are
differences in the pay of male and female employees.
(2) This section does not apply to—
(a) an employer who has fewer than 250 employees;
(b) a person specified in Schedule 19. 20
(3) The regulations may prescribe—
(a) descriptions of employer;
(b) descriptions of employee;
(c) how to calculate the number of employees that an employer has;
(d) descriptions of information; 25
(e) the time at which information is to be published;
(f) the form and manner in which it is to be published.
(4) Regulations under subsection (3)(e) may not require an employer, after the first
publication of information, to publish information more frequently than at
intervals of 12 months. 30
(5) The regulations may make provision for a failure to comply with the
regulations—
(a) to be an offence punishable on summary conviction by a fine not
exceeding level 5 on the standard scale;
(b) to be enforced, otherwise than as an offence, by such means as is 35
prescribed.
(6) The reference to a failure to comply with the regulations includes a reference
to a failure by a person acting on behalf of an employer.
55
EXPLANATORY NOTES
Clause 74: Colleagues
Effect
264. This clause sets out the circumstances in which employees and others are taken to be
colleagues for the purposes of Chapter 3. A person who claims the benefit of a sex equality
clause or sex equality rule must be able to show their work is equal to that of a colleague.
265. If two persons share the same employer and work at the same establishment, they are
colleagues.
266. If two persons work at different establishments but share the same employer and
common terms and conditions of employment apply, they are colleagues.
267. A person can also be a colleague of another in either of the above circumstances if one
is employed by a company associated with the other’s employer. The clause defines when
employers are taken to be associated.
268. A person holding a personal or public office is the colleague of another person holding
a personal or public office if the same person is responsible for paying both of them.
269. A person holding the office of constable is treated for the purposes of Chapter 3 as
holding a personal office for the purpose of determining who can be that person’s colleague.
270. The clause also defines when staff of the Houses of Parliament are taken to be
colleagues.
Background
271. These provisions generally reflect the effect of provisions in current legislation.
Examples
• A woman is employed by a company at a factory. A male works for the same company
at another factory. Common terms of employment apply at both establishments. The
woman and man are colleagues.
Effect
272. This clause explains the meaning of terms used in Chapter 3. It also gives effect to
Schedule 7 which sets out exceptions to the equality of terms provisions.
E56
Equality Bill
Part 5 — Work
Supplementary
74 Colleagues
(1) This section applies for the purposes of this Chapter.
(2) If A is employed, B is a colleague of A’s only if subsection (3) or (4) applies.
(3) This subsection applies if— 5
(a) B is employed by A’s employer or by an associate of A’s employer, and
(b) A and B work at the same establishment.
(4) This subsection applies if—
(a) B is employed by A’s employer or an associate of A’s employer,
(b) B works at an establishment other than the one at which A works, and 10
(c) common terms apply at the establishments (either generally or as
between A and B).
(5) If A holds a personal or public office, B is a colleague of A’s only if—
(a) B holds a personal or public office, and
(b) the person responsible for paying A is also responsible for paying B. 15
(6) If A is a relevant member of the House of Commons staff, B is a colleague of
A’s only if—
(a) B is employed by the person who is A’s employer under subsection (6)
of section 195 of the Employment Rights Act 1996, or
(b) if subsection (7) of that section applies in A’s case, B is employed by the 20
person who is A’s employer under that subsection.
(7) If A is a relevant member of the House of Lords staff, B is a colleague of A’s
only if B is also a relevant member of the House of Lords staff.
(8) Section 39 does not apply to this Chapter; accordingly, for the purposes of this
Chapter only, holding the office of constable is to be treated as holding a 25
personal office.
(9) For the purposes of this section, employers are associated if—
(a) one is a company of which the other (directly or indirectly) has control,
or
(b) both are companies of which a third person (directly or indirectly) has 30
control.

(2) The terms of a person’s work are—
(a) if the person is employed, the terms of the person’s employment that 35
are in the person’s contract of employment, contract of apprenticeship
or contract to do work personally;
(b) if the person holds a personal or public office, the terms of the person’s
appointment to the office.
56
EXPLANATORY NOTES
Chapter 4: Supplementary
Clause 76: Ships and hovercraft
Effect
273. This clause provides that the employment provisions in Part 5 will apply to seafarers
and the crew of hovercraft only in the way set out in regulations made by a Minister of the
Crown.
Background
274. The Bill is silent on the territorial application of the employment provisions. While
this approach is acceptable for most workers, who at any given time are within either the
territory of United Kingdom or some other territory, seafarers work on ships that may be
constantly moving between waters under the jurisdiction of different States. This clause will
allow the Minister to say to which seafarers on which ships, and to which crew on which
hovercraft, the employment provisions apply in accordance with international law and custom
and the global practices of the shipping industry. The Minister may make provision with
regard to ships outside Great Britain.
275. This clause replaces provisions concerning the territorial application and the pay of
seafarers in current legislation.
E57
Equality Bill
Part 5 — Work
(3) If work is not done at an establishment, it is to be treated as done at the
establishment with which it has the closest connection.
(4) A person (P) is the responsible person in relation to another person if—
(a) P is the other’s employer;
(b) P is responsible for paying remuneration in respect of a personal or 5
public office that the other holds.
(5) A job evaluation study is a study undertaken with a view to evaluating, in
terms of the demands made on a person by reference to factors such as effort,
skill and decision-making, the jobs to be done—
(a) by some or all of the workers in an undertaking or group of 10
undertakings, or
(b) in the case of the armed forces, by some or all of the members of the
armed forces.
(6) In the case of Crown employment, the reference in subsection (5)(a) to an
undertaking is to be construed in accordance with section 191(4) of the 15
Employment Rights Act 1996.
(7) “Civil partnership status” has the meaning given in section 124(1) of the
Pensions Act 1995.
CHAPTER 4 20
SUPPLEMENTARY

(1) This Part applies in relation to—
(a) work on ships,
(b) work on hovercraft, and 25
(c) seafarers,
only in such circumstances as are prescribed.
(2) For the purposes of this section, it does not matter whether employment arises
or work is carried out within or outside the United Kingdom.
(3) “Ship” has the same meaning as in the Merchant Shipping Act 1995. 30
(4) “Hovercraft” has the same meaning as in the Hovercraft Act 1968.
(5) “Seafarer” means a person employed or engaged in any capacity on board a
ship or hovercraft.
to conduct outside England and Wales or Scotland. 35
57
EXPLANATORY NOTES
Clause 77: Offshore work
Effect
276. This clause contains a power to make an Order in Council in relation to work on board
offshore installations. The power may be used to apply Part 5 (with or without modification)
to those working on such installations. The power may also be used in relation to any
corresponding Northern Ireland legislation (with or without modification).
Background
277. This clause will enable protection to be extended to workers on offshore installations,
such as oil and gas rigs and renewable energy installations (generally wind farms), to reflect
the extent of current discrimination legislation.
Example
• Offshore workers are typically workers (either employees, contract workers, partners,
members of an LLP, or personal or public office holders) on oil and gas rigs located in
the sea within the area of the United Kingdom Continental Shelf (UKCS), and on
renewable energy installations (generally wind farms) within the part of the UKCS
known as the Renewable Energy Zone.
Effect
278. This clause explains the meaning of various terms used in Part 5 of the Bill. In
particular, it defines what is meant by “employment” and clarifies the status of people serving
in the armed forces and people who work for the Crown and in the Houses of Commons and
Lords in relation to the application of the provisions in this Part of the Bill.
E58
Equality Bill
Part 5 — Work
Chapter 4 — Supplementary
77 Offshore work
(1) Her Majesty may by Order in Council provide that in the case of persons in
offshore work—
(a) specified provisions of this Part apply (with or without modification);
(b) Northern Ireland legislation making provision for purposes 5
corresponding to any of the purposes of this Part applies (with or
without modification).
(2) The Order may—
(a) provide for these provisions, as applied by the Order, to apply to
individuals (whether or not British citizens) and bodies corporate 10
(whether or not incorporated under the law of a part of the United
Kingdom), whether or not such application affects activities outside the
United Kingdom;
(b) make provision for conferring jurisdiction on a specified court or class
of court or on employment tribunals in respect of offences, causes of 15
action or other matters arising in connection with offshore work;
(c) exclude from the operation of section 3 of the Territorial Waters
Jurisdiction Act 1878 (consents required for prosecutions) proceedings
for offences under the provisions mentioned in subsection (1) in
connection with offshore work; 20
(d) provide that such proceedings must not be brought without such
consent as may be required by the Order.
(3) “Offshore work” is work for the purposes of—
(a) activities in the territorial sea adjacent to the United Kingdom;
(b) activities such as are mentioned in subsection (2) of section 11 of the 25
Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that
section;
(c) activities mentioned in paragraphs (a) and (b) of section 87(1) of the
Energy Act 2004 in waters to which that section applies.
(4) Work includes employment, contract work, a position as a partner or as a 30
member of an LLP, or an appointment to a personal or public office.
(5) Northern Ireland legislation includes an enactment contained in, or in an
instrument under, an Act that forms part of the law of Northern Ireland.
(6) In the application to Northern Ireland of subsection (2)(b), the reference to
employment tribunals is to be read as a reference to industrial tribunals. 35

(2) “Employment” means— 40
(a) employment under a contract of employment, a contract of
apprenticeship or a contract personally to do work;
(b) Crown employment;
(c) employment as a relevant member of the House of Commons staff;
(d) employment as a relevant member of the House of Lords staff. 45
58
EXPLANATORY NOTES
Part 6: Education
Chapter 1: Schools
Clause 79: Application of this Chapter
Effect
279. This clause provides that this Chapter of the Bill, which prohibits discrimination,
harassment and victimisation in the field of education in schools, does not apply to
discrimination, harassment or victimisation of people in those circumstances because of age,
marriage and civil partnership or pregnancy and maternity.
Background
280. This replicates the position in current legislation.
E59 281. Examples

Equality Bill
Part 5 — Work
Chapter 4 — Supplementary
(3) This Part applies to service in the armed forces as it applies to employment by
a private person; and for that purpose—
(a) references to terms of employment, or to a contract of employment, are
to be read as including references to terms of service;
(b) references to associated employers are to be ignored. 5
(4) A reference to an employer or an employee, or to employing or being
employed, is (subject to section 199(10)) to be read with subsections (2) and (3);
and a reference to an employer also includes a reference to a person who has
no employees but is seeking to employ one or more other persons.
(5) “Relevant member of the House of Commons staff” has the meaning given in 10
section 195 of the Employment Rights Act 1996; and such a member of staff is
an employee of—
(a) the person who is the employer of that member under subsection (6) of
that section, or
(b) if subsection (7) of that section applies in the case of that member, the 15
person who is the employer of that member under that subsection.
(6) “Relevant member of the House of Lords staff” has the meaning given in
section 194 of that Act (which provides that such a member of staff is an
employee of the Corporate Officer of the House of Lords).
(7) In the case of a person in Crown employment, or in employment as a relevant 20
member of the House of Commons staff, a reference to the person’s dismissal
is a reference to the termination of the person’s employment.
(8) A reference to a personal or public office, or to an appointment to a personal or
public office, is to be construed in accordance with section 49.
(9) “Crown employment” has the meaning given in section 191 of the Employment 25
Rights Act 1996.
PART 6
EDUCATION 30
CHAPTER 1
SCHOOLS

This Chapter does not apply to the following protected characteristics—
(a) age; 35
(b) marriage and civil partnership;
(c) pregnancy and maternity.
59
EXPLANATORY NOTES
• It is not unlawful discrimination for a school to organise a trip for pupils in one year
group, but not for pupils in other years.
• It is not unlawful discrimination for a school to organise a different timetable for a

pupil who has a baby, to help her fit her education with her parenting responsibilities.
Clause 80: Pupils: admission and treatment, etc.
Effect
281. This clause makes it unlawful for the responsible body of a school to discriminate
against, harass or victimise a pupil or prospective pupil in relation to the terms on which it
offers him or her admission, by not admitting him or her, or in the way it treats the pupil once
admitted. The responsible body for a maintained school is the local authority or the governing
body, and for an independent educational institution or a non-maintained special school is the
proprietor.
282. It also imposes on the responsible body of a school the duty to make reasonable
adjustments for disabled pupils and prospective disabled pupils.
283. However, the prohibition on harassment of pupils or prospective pupils does not cover
gender reassignment, sexual orientation or religion or belief.
284. Background
284. This clause is primarily designed to replicate the effect of provisions in current
legislation applying to schools. In addition, it extends protection from discrimination to
transsexual pupils.
Examples
• A school refuses to let a gay pupil become a prefect because of his sexual orientation.
• A selective school imposes a higher standard for admission to applicants from an

ethnic minority background, or to girls. This would be direct discrimination.
• A pupil alleges, in good faith, that his school has discriminated against him because of
his religion (for example claiming that he is given worse marks than other pupils
because he is Jewish), so the school punishes him by making him do a detention. This
would be victimisation.
• A teacher ridicules a particular pupil in class for his beliefs or because of his disability,
or makes comments which have the result of making the girls in the class feel
embarrassed and humiliated. This would be harassment.
E60
Equality Bill
Chapter 1 — Schools

(1) The responsible body of a school to which this section applies must not
discriminate against a person—
(a) in the arrangements it makes for deciding who is offered admission as
a pupil; 5
(b) as to the terms on which it offers to admit the person as a pupil;
(c) by not admitting the person as a pupil.
(2) The responsible body of such a school must not discriminate against a pupil—
(a) in the way it provides education for the pupil;
(b) in the way it affords the pupil access to a benefit, facility or service; 10
(c) by not providing education for the pupil;
(d) by not affording the pupil access to a benefit, facility or service;
(e) by excluding the pupil from the school;
(f) by subjecting the pupil to any other detriment.
(3) The responsible body of such a school must not harass— 15
(a) a pupil;
(b) a person who has applied for admission as a pupil.
(4) The responsible body of such a school must not victimise a person—
a pupil; 20
(b) as to the terms on which it offers to admit the person as a pupil;
(c) by not admitting the person as a pupil.
(5) The responsible body of such a school must not victimise a pupil—
(a) in the way it provides education for the pupil;
(b) in the way it affords the pupil access to a benefit, facility or service; 25
(c) by not providing education for the pupil;
(d) by not affording the pupil access to a benefit, facility or service;
(e) by excluding the pupil from the school;
(f) by subjecting the pupil to any other detriment.
(6) A duty to make reasonable adjustments applies to the responsible body of such 30
a school.
(7) In relation to England and Wales, this section applies to—
(a) a school maintained by a local authority;
(b) an independent educational institution (other than a special school);
(c) a special school (not maintained by a local authority). 35
(8) In relation to Scotland, this section applies to—
(a) a school managed by an education authority;
(b) an independent school;
60
EXPLANATORY NOTES
Clause 81: Victimisation of pupils, etc. for the conduct of parents, etc.
Effect
285. This clause protects children in schools from being victimised as a result of a
protected act (such as making or supporting a complaint of discrimination) done by their
parent or sibling. The aim is to prevent parents being discouraged from raising an issue of
discrimination with a school because of worry that their child may suffer retaliation as a result.
286. Where a parent or sibling maliciously makes or supports an untrue complaint, the
child is still protected from victimisation, as long as the child has acted in good faith. But, in
common with the general approach to victimisation, where a child has acted in bad faith, he or
she is not protected, even where a parent or sibling makes or supports an untrue complaint in
good faith.
Background
287. This clause is designed to replicate the effect of provisions in the Disability
Discrimination Act 1995 and extend the protection to cover all characteristics protected under
this Chapter.
288. Examples
• The parent of a pupil complains to the school that her daughter is suffering sex
discrimination by not being allowed to participate in a metalwork class. The daughter
is protected from being treated less favourably by the school in any way because of
this complaint.
• A pupil brings a case against his school claiming that he has suffered harassment by a
member of staff because of his sexual orientation. The pupil’s younger brother, at the
same school, is protected against any less favourable treatment by the school because
of this case, even if it is later found that the older brother was not acting in good faith.
E61
Equality Bill
(c) a school in respect of which the managers are for the time being
receiving grants under section 73(c) or (d) of the Education (Scotland)
Act 1980.
(9) The responsible body of a school to which this section applies is—
(a) if the school is within subsection (7)(a), the local authority or governing 5
body;
(b) if it is within subsection (7)(b) or (c), the proprietor;
(c) if it is within subsection (8)(a), the education authority;
(d) if it is within subsection (8)(b), the proprietor;
(e) if it is within subsection (8)(c), the managers. 10
(10) In the application of section 24 for the purposes of subsection (3), none of the
(a) gender reassignment;
(b) religion or belief;
(c) sexual orientation. 15

(1) This section applies for the purposes of section 25 in its application to section
80(4) or (5).
(2) The references to B in paragraphs (a) and (b) of subsection (1) of section 25
include a reference to a parent or sibling of the child in question. 20
(3) Giving false evidence or information, or making a false allegation, in good faith
is not a protected act in a case where—
(a) the evidence or information is given, or the allegation is made, by a
parent or sibling of the child, and
(b) the child has acted in bad faith. 25
(4) Giving false evidence or information, or making a false allegation, in bad faith,
is a protected act in a case where—
(a) the evidence or information is given, or the allegation is made, by a
parent or sibling of the child, and
(b) the child has acted in good faith. 30
(5) In this section—
“child” means a person who has not attained the age of 18;
“sibling” means a brother or sister, a half-brother or half-sister, or a
stepbrother or stepsister.
61
EXPLANATORY NOTES
Clause 82: Application of certain powers under Education Act 1996
Effect
288. This clause enables the Secretary of State to give directions, using powers under the
Education Act 1996, to require a maintained school or a non-maintained special school to
comply with its duties under clause 80. It enables the Secretary of State to require a school to
stop a discriminatory practice or policy even if no complaint has been brought by an individual
pupil or prospective pupil.
Background
289. Sections 496 and 497 of the Education Act 1996 empower the Secretary of State to
give directions to local education authorities and to governing bodies of maintained schools to
prevent them exercising their functions under the Education Acts unreasonably, or to require
them to perform statutory duties where they are not doing so. This power has already been
extended to require compliance with the law on sex discrimination, and this clause extends
those powers to all the protected characteristics covered by clause 80.
Example
• The governing body of a school refuses as a matter of policy to let disabled pupils
participate in school trips because of the extra risk management required. The
Secretary of State could direct the governing body to change its policy so as to make
reasonable adjustments to enable disabled pupils to participate.
Clause 83: Disabled pupils: accessibility
Effect
290. This clause introduces Schedule 10 which requires local authorities and schools to
prepare and implement accessibility strategies and plans. These will increase disabled pupils’
access to the curriculum and improve the physical environment and the provision of
information. They are explained in more detail in the notes to that Schedule.
Effect
291. This clause explains what is meant by terms used in this Chapter, such as “school” and
“pupil”. It also makes it clear that the prohibitions in the Chapter do not apply to anything
done in relation to the content of the school curriculum. This ensures that the Bill does not
inhibit the ability of schools to include a full range of issues, ideas and materials in their
syllabus and to expose pupils to thoughts and ideas of all kinds. The way in which the
curriculum is taught is, however, covered by the reference to education in clause 80(2)(a), so
as to ensure issues are taught in a way which does not subject pupils to discrimination. This
clause also gives effect to Schedule 11 which provides some exceptions to the provisions in
this Chapter.
E62
Equality Bill
(1) Sections 496 and 497 of the Education Act 1996 (powers to give directions
where responsible body of school in default of obligations, etc.) apply to the
performance of a duty under section 80.
(2) But neither of sections 496 and 497 of that Act applies to the performance of a 5
duty under that section by the proprietor of an independent educational
institution (other than a special school).

Schedule 10 (accessibility) has effect.

(2) Nothing in this Chapter applies to anything done in connection with the
content of the curriculum.
(3) “Pupil”—
(a) in relation to England and Wales, has the meaning given in section 3(1) 15
of the Education Act 1996;
(b) in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
62
EXPLANATORY NOTES
292. Background
292. This clause is designed to replicate the effect of an exception relating to

discrimination because of religion or belief in the Equality Act 2006, and extends it to other
protected characteristics.
Examples
• A school curriculum includes teaching of evolution in science lessons. This would

not be religious discrimination against a pupil whose religious beliefs include
creationism.
• A school curriculum includes The Taming of the Shrew on the syllabus. This would
not be discrimination against a girl.
Chapter 2: Further and higher education
Effect
harassment and victimisation in the field of education in institutions providing further and
higher education, does not make it unlawful to discriminate against, harass or victimise people
in those circumstances because of marriage or civil partnership status.
E63
Equality Bill
(4) “Proprietor”—
(a) in relation to a school in England and Wales, has the meaning given in
section 579(1) of the Education Act 1996;
(b) in relation to a school in Scotland, has the meaning given in section
135(1) of the Education (Scotland) Act 1980. 5
(5) “School”—
(a) in relation to England and Wales, has the meaning given in section 4 of
the Education Act 1996;
Education (Scotland) Act 1980. 10
(6) A reference to a school includes a reference to an independent educational
institution in England; and a reference to an independent educational
institution in England is to be construed in accordance with Chapter 1 of Part
4 of the Education and Skills Act 2008.
(7) A reference to an independent educational institution is a reference to— 15
(a) an independent educational institution in England, or
(b) an independent school in Wales.
(8) “Independent school”—
(a) in relation to Wales, has the meaning given in section 463 of the
Education Act 1996; 20
(9) “Special school” has the meaning given in section 337 of the Education Act
1996.
(10) “Local authority” means— 25
(a) in relation to England, an English local authority within the meaning of
section 162 of the Education and Inspections Act 2006;
(b) in relation to Wales, a Welsh local authority within the meaning of that
section.
(11) “Education authority”, in relation to Scotland, has the meaning given in section 30
135(1) of the Education (Scotland) Act 1980.
CHAPTER 2
85 Application of this Chapter 35

This Chapter does not apply to the protected characteristic of marriage and
civil partnership.
63
EXPLANATORY NOTES
Background
294. This clause is designed to replicate the effect of provisions in the Sex Discrimination
Act 1975.
Clause 86: Students: admission and treatment, etc.
Effect
295. This clause makes it unlawful for universities, colleges and other institutions in the
higher and further education sectors to discriminate against, harass or victimise a student or
someone who wants to become a student in relation to the arrangements it makes in deciding
who to admit, the terms on which a person is admitted and the way a person is treated when
admitted.
296. It also imposes on the responsible body of such an institution the duty to make
reasonable adjustments for disabled students and prospective students.
Background
297. This replicates the position in current legislation.
Examples
• A college refuses admission to a man who applies to be a student, because he is gay.

• A university refuses to provide residential accommodation to Jewish or Muslim

students. This would be direct discrimination.
• A college puts an age limit on access to a particular course. This would be direct
discrimination, unless the college could show that the age limit was objectively
justified.
E64
Equality Bill
Chapter 2 — Further and higher education

(1) The responsible body of an institution to which this section applies must not
discriminate against a person—
a student; 5
(b) as to the terms on which it offers to admit the person as a student;
(c) by not admitting the person as a student.
(2) The responsible body of such an institution must not discriminate against a
student—
(a) in the way it provides education for the student; 10
(b) in the way it affords the student access to a benefit, facility or service;
(c) by not providing education for the student;
(d) by not affording the student access to a benefit, facility or service;
(e) by excluding the student;
(f) by subjecting the student to any other detriment. 15
(3) The responsible body of such an institution must not harass—
(a) a student;
(b) a person who has applied for admission as a student.
(4) The responsible body of such an institution must not victimise a person—
(a) in the arrangements it makes for deciding who is offered admission as 20
a student;
(b) as to the terms on which it offers to admit the person as a student;
(c) by not admitting the person as a student.
(5) The responsible body of such an institution must not victimise a student—
(a) in the way it provides education for the student; 25
(b) in the way it affords the student access to a benefit, facility or service;
(c) by not providing education for the student;
(d) by not affording the student access to a benefit, facility or service;
(e) by excluding the student;
(f) by subjecting the student to any other detriment. 30
(6) A duty to make reasonable adjustments applies to the responsible body of such
an institution.
(7) In relation to England and Wales, this section applies to—
(a) a university;
(b) any other institution within the higher education sector; 35
(c) an institution within the further education sector.
(8) In relation to Scotland, this section applies to—
(a) a university;
(b) a designated institution;
(c) a college of further education. 40
(9) A responsible body is—
64
EXPLANATORY NOTES
Clause 87: Further and higher education courses
Effect
298. This clause makes it unlawful for local authorities securing further and higher
education, and maintained schools providing further education, to discriminate against,
victimise or harass a person in relation to deciding who to enrol, or in the way it provides any
services when the person has been enrolled. It also imposes on them the duty to make
reasonable adjustments when offering such facilities and services to disabled people.
Background
299. This clause is designed to replicate the effect of provisions in the Disability
Discrimination Act 1995, and to extend protection to all the protected characteristics covered
by this Chapter.
Example
• A school puts on a 10-week evening educational course for local adults but prevents
applicants from enrolling who are disabled or gay. This would be direct discrimination.
E65
Equality Bill
(a) in the case of an institution within subsection (7)(a), (b) or (c), the
governing body;
(b) in the case of an institution within subsection (8)(a) or (b), the
governing body;
(c) in the case of a college of further education under the management of a 5
board of management, the board of management;
(d) in the case of any other college of further education, any board of
governors of the college or any person responsible for the management
of the college, whether or not formally constituted as a governing body
or board of governors. 10

(1) The responsible body in relation to a course to which this section applies must
not discriminate against a person—
(a) in the arrangements it makes for deciding who is enrolled on the
course; 15
(b) as to the terms on which it offers to enrol the person on the course;
(c) by not accepting the person’s application for enrolment.
(2) The responsible body in relation to such a course must not discriminate against
a person who is enrolled on the course in the services it provides or offers to
provide. 20
(3) The responsible body in relation to such a course must not harass a person
who—
(a) seeks enrolment on the course;
(b) is enrolled on the course;
(c) is a user of services provided by the body in relation to the course. 25
(4) The responsible body in relation to such a course must not victimise a person—
(a) in the arrangements it makes for deciding who is enrolled on the
course;
(b) as to the terms on which it offers to enrol the person on the course;
(c) by not accepting the person’s application for enrolment. 30
(5) The responsible body in relation to such a course must not victimise a person
who is enrolled on the course in the services it provides or offers to provide.
(6) A duty to make reasonable adjustments applies to the responsible body.
(7) This section applies to—
(a) a course of further or higher education secured by a responsible body 35
in England or Wales;
(b) a course of education provided by the governing body of a maintained
school under section 80 of the School Standards and Framework Act
1998;
(c) a course of further education secured by an education authority in 40
Scotland.
(a) a local authority in England or Wales, for the purposes of subsection
(7)(a);
65
EXPLANATORY NOTES
Clause 88: Recreational or training facilities
Effect
300. This clause makes it unlawful for local authorities providing any recreational or
training facilities to discriminate against, harass or victimise a person in terms of deciding who
should be provided with any facilities and the terms on which the facilities are provided. It
also imposes on them the duty to make reasonable adjustments when offering such facilities
and services to disabled people.
301. The recreational and training facilities concerned are those provided in England under
sections 507A or 507B of the Education Act 1996 and include things like centres, parks and
sports facilities.
Background
302. These provisions are designed to replicate the effect of provisions in the Disability
Discrimination Act 1995 and to extend protection to all the protected characteristics covered
by this Chapter.
Example
• A local authority which puts on a summer camp for children from local schools
refuses an application from a child simply because that child is disabled or a Muslim.
E66
Equality Bill
(b) the governing body of a maintained school, for the purposes of
subsection (7)(b);
(c) an education authority in Scotland, for the purposes of subsection
(7)(c).
“course”, in relation to further education, includes each component part
of a course if there is no requirement imposed on persons registered for
a component part of the course to register for another component part
of the course;
“enrolment” includes registration for a component part of a course; 10
“maintained school” has the meaning given in section 20(7) of the School
Standards and Framework Act 1998;
“services” means services of any description which are provided wholly
or mainly for persons enrolled on a course to which this section applies.
88 Recreational or training facilities 15

(1) The responsible body in relation to facilities to which this section applies must
not discriminate against a person—
(a) in the arrangements it makes for deciding who is provided with the
facilities;
(b) as to the terms on which it offers to provide the facilities to the person; 20
(c) by not accepting the person’s application for provision of the facilities.
(2) The responsible body in relation to such facilities must not discriminate against
a person who is provided with the facilities in the services it provides or offers
to provide.
(3) The responsible body in relation to such facilities must not harass a person 25
who—
(a) seeks to have the facilities provided;
(b) is provided with the facilities;
(c) is a user of services provided by the body in relation to the facilities.
(4) The responsible body in relation to such facilities must not victimise a person— 30
(a) in the arrangements it makes for deciding who is provided with the
facilities;
(b) as to the terms on which it offers to provide the facilities to the person;
(c) by not accepting the person’s application for provision of the facilities.
(5) The responsible body in relation to such facilities must not victimise a person 35
who is provided with the facilities in the services it provides or offers to
provide.
(6) A duty to make reasonable adjustments applies to the responsible body.
(a) facilities secured by a local authority in England under section 507A or 40
507B of the Education Act 1996;
(b) facilities secured by a local authority in Wales under section 508 of that
Act;
(c) recreational or training facilities provided by an education authority in
Scotland. 45
66
EXPLANATORY NOTES
Effect
303. This clause explains what is meant by terms used in this Chapter, such as “student”
and “university”. It also makes it clear that the prohibitions in the Chapter do not apply to
anything done in relation to the content of the curriculum. This ensures that the Bill does not
inhibit the ability of institutions in the higher and further education sectors to include a full
range of issues, ideas and materials in their syllabus and to expose students to thoughts and
ideas of all kinds. The way in which the curriculum is taught is, however, covered by the
reference to education in clause 86(2)(a), so as to ensure issues are taught in a way which does
not subject students to discrimination or harassment.
304. It also gives effect to Schedule 12 which provides exceptions to the provisions in this
Chapter.
Background
305. These provisions are new, but are based on an exception relating to discrimination
because of religion or belief in education in schools in the Equality Act 2006, and explicitly
extends it to education in higher and further education institutions across all the protected
characteristics covered by this Chapter.
306. Examples
• A college course includes a module on feminism. This would not be discrimination

against a male student.
• A university requires students to use a computer for projects or essays. This would
not be indirect discrimination against a member of a sect which rejects the use of
modern technology.
E67
Equality Bill
(a) a local authority in England, for the purposes of subsection (7)(a);
(b) a local authority in Wales, for the purposes of subsection (7)(b);
(c) an education authority in Scotland, for the purposes of subsection
(7)(c). 5
(9) This section does not apply to the protected characteristic of age, so far as
relating to persons who have not attained the age of 18.

(2) Nothing in this Chapter applies to anything done in connection with the 10
content of the curriculum.
(3) A reference to a student, in relation to an institution, is a reference to a person
for whom education is provided by the institution.
(4) A reference to a university includes a reference to a university college and a
college, school or hall of a university. 15
(5) A reference to an institution within the further or higher education sector is to
be construed in accordance with section 91 of the Further and Higher
Education Act 1992.
(6) “Further education”—
(a) in relation to England and Wales, has the meaning given in section 2 of 20
the Education Act 1996;
Further and Higher Education (Scotland) Act 1992.
(7) “Higher education”—
(a) in relation to England and Wales, means education provided by means 25
of a course of a description mentioned in Schedule 6 to the Education
Reform Act 1988;
(b) in relation to Scotland, has the meaning given in section 38 of the
(8) “College of further education” has the meaning given in section 36 of the 30
(9) “Designated institution” has the meaning given in section 44 of that Act.
(10) “Local authority” means—
(a) in relation to England, an English local authority within the meaning of
section 162 of the Education and Inspections Act 2006; 35
(b) in relation to Wales, a Welsh local authority within the meaning of that
section.
(11) “Education authority” has the meaning given by section 135(1) of the
(12) Schedule 12 (exceptions) has effect. 40
67
EXPLANATORY NOTES
Chapter 3: General qualifications bodies
Effect
harassment and victimisation by qualifications bodies, does not make it unlawful for such
bodies to discriminate against, harass or victimise people in the circumstances covered
because of marriage or civil partnership status.
Background
legislation subject to modifications that include placing a responsibility on the appropriate
regulator.
Clause 91: Qualifications bodies
Effect
308. This clause makes it unlawful for a qualifications body to discriminate against, harass
or victimise a person in the arrangements it makes for deciding on whom to confer
qualifications, and the terms on which those qualifications are conferred. Qualifications bodies
are defined in clause 92.
309. It also places a duty on qualifications bodies to make reasonable adjustments for
disabled people. The clause includes a power for the Secretary of State, Scottish Ministers and
Welsh Ministers to designate an “appropriate regulator”, which may then specify matters
which are not subject to the reasonable adjustments duty. For example, it could be specified
that the requirement to achieve a particular mark to gain a particular qualification is not
subject to reasonable adjustments. The appropriate regulator may also specify which
reasonable adjustments should not be made. For example, it may be appropriate to allow
additional time to complete the exam or to provide a reader, but not to give an exemption from
part of an exam. In doing so, the appropriate regulator must have regard to the need to ensure
disabled candidates are not disadvantaged, and the need to maintain the integrity and public
confidence in the qualification. Before specifying any such matter, the regulator must consult
anyone it thinks appropriate and it must publish the specified matters.
310. Background
310. These provisions are designed to make similar provisions to those in the Disability
Discrimination Act 1995 and to extend protection to all the protected characteristics covered
by this chapter. There are some changes to the provisions concerning when reasonable
adjustments do not need to be made for disabled candidates.
E68
Equality Bill
CHAPTER 3

This Chapter does not apply to the protected characteristic of marriage and
civil partnership. 5
(1) A qualifications body (A) must not discriminate against a person (B)—
(b) as to the terms on which it is prepared to confer a relevant qualification 10
on B;
(2) A qualifications body (A) must not discriminate against a person (B) upon
whom A has conferred a relevant qualification—
(a) by withdrawing the qualification from B; 15
(b) by varying the terms on which B holds the qualification;
(3) A qualifications body must not, in relation to conferment by it of a relevant
qualification, harass—
(a) a person who holds the qualification, or 20
(b) a person who applies for it.
(4) A qualifications body (A) must not victimise a person (B)—
(b) as to the terms on which it is prepared to confer a relevant qualification 25
on B;
(5) A qualifications body (A) must not victimise a person (B) upon whom A has
conferred a relevant qualification—
(a) by withdrawing the qualification from B; 30
(b) by varying the terms on which B holds the qualification;
68
EXPLANATORY NOTES
Examples
• A qualifications body refuses to allow a girl to undertake a GCSE in woodwork. This

• A visually impaired candidate is granted a modified paper (enlarged font) in order that
she can read her English GCSE exam.
• The regulator identifies a maximum percentage of a qualification that qualifications

bodies are able to exempt.
• The regulator publishes a requirement on qualifications bodies not to use a specific

reasonable adjustment, such as a reader in the independent reading element of a GCSE
English exam.
Effect
311. This clause explains what is meant by terms used in clause 91. It defines a
qualifications body as an authority or body which awards a qualification, and sets out what it
is not. It also defines a qualification as a certificate or endorsement of a set description.
Background
Examples
• Edexcel is an example of a qualifications body.
• A GCSE is an example of a qualification.

E69
Equality Bill
Chapter 3 — General qualifications bodies
(6) A duty to make reasonable adjustments applies to a qualifications body.
(7) Subsection (6) does not apply to the body in so far as the appropriate regulator
specifies provisions, criteria or practices in relation to which the body—
(a) is not subject to a duty to make reasonable adjustments; 5
(b) is subject to a duty to make reasonable adjustments, but in relation to
which such adjustments as the regulator specifies should not be made.
(8) For the purposes of subsection (7) the appropriate regulator must have regard
to—
(a) the desirability of minimising the extent to which disabled persons are 10
disadvantaged in attaining the qualification because of their
disabilities;
(b) the need to secure that the qualification gives a reliable indication of the
knowledge, skills and understanding of a person upon whom it is
conferred; 15
(c) the need to maintain public confidence in the qualification.
(9) The appropriate regulator—
(a) must not specify any matter for the purposes of subsection (7) unless it
has consulted such persons as it thinks appropriate;
(b) must publish matters so specified (including the date from which they 20
are to have effect) in such manner as is prescribed.
(10) The appropriate regulator is—
(a) in relation to a qualifications body that confers qualifications in
England, a person prescribed by a Minister of the Crown;
(b) in relation to a qualifications body that confers qualifications in Wales, 25
a person prescribed by the Welsh Ministers;
(c) in relation to a qualifications body that confers qualifications in
Scotland, a person prescribed by the Scottish Ministers.
(11) For the purposes of subsection (10), a qualification is conferred in a part of
Great Britain if there are, or may reasonably be expected to be, persons seeking 30
to obtain the qualification who are or will be assessed for those purposes
wholly or mainly in that part.
92 Interpretation
(2) A qualifications body is an authority or body which can confer a relevant 35
qualification.
(3) A relevant qualification is an authorisation, qualification, approval or
certification of such description as may be prescribed—
(a) in relation to conferments in England, by a Minister of the Crown;
(b) in relation to conferments in Wales, by the Welsh Ministers; 40
(c) in relation to conferments in Scotland, by the Scottish Ministers.
(4) An authority or body is not a qualifications body in so far as—
(a) it is the responsible body of a school to which section 80 applies;
(b) it is the governing body of an institution to which section 86 applies;
69
EXPLANATORY NOTES
Chapter 4: Miscellaneous
Clause 93: Reasonable adjustments
Effect
313. This clause introduces the provisions of Schedule 13, concerning the making of
reasonable adjustments to ensure that disabled pupils are not placed at a substantial
disadvantage in comparison to non-disabled pupils. These provisions are explained in more
detail in the notes to that Schedule.
Clause 94: Educational charities and endowments
Effect
314. This clause introduces the provisions of Schedule 14, concerning educational charities
which restrict benefits to a single sex and provides for such restrictions to be modified.
PART 7: ASSOCIATIONS
Effect
harassment and victimisation by associations, does not make it unlawful for an association to
discriminate against, harass or victimise people because of marriage or civil partnership.
316. It also provides that, if an act of discrimination, harassment or victimisation is made

unlawful by the Parts of the Bill covering services and public functions, premises, work or
education, then those provisions, rather than the provisions in this Part, apply.
E70
Equality Bill
Part 7 — Associations
Chapter 3 — General qualifications bodies
(c) it exercises functions under the Education Acts;
(d) it exercises functions under the Education (Scotland) Act 1980.
(5) A qualifications body does not include an authority or body of such
description, or in such circumstances, as may be prescribed.
(6) A reference to conferring a relevant qualification includes a reference— 5
(a) to renewing or extending the conferment of a qualification;
(b) to authenticating a qualification conferred by another person.
(7) Subsection (11) of section 91 applies for the purposes of subsection (3) of this
section as it applies for the purposes of subsection (10) of that section.
CHAPTER 4 10
MISCELLANEOUS
Schedule 13 (reasonable adjustments) has effect.

Schedule 14 (educational charities and endowments) has effect. 15
PART 7
ASSOCIATIONS
Preliminary

(1) This Part does not apply to the protected characteristic of marriage and civil 20
partnership.
(2) This Part does not apply to discrimination, harassment or victimisation—
(a) that is prohibited by Part 3 (services, etc.), Part 4 (premises), Part 5
(work) or Part 6 (education), or
(b) that would be so prohibited but for an express exception. 25
(3) For the purposes of subsection (2)(b), section 30(3) is not an express exception.
70
EXPLANATORY NOTES
Background
317. This clause is designed to replicate the position in current legislation.
Clause 96: Members and associates
Effect
318. This clause makes it unlawful for an association to discriminate against, harass or
victimise an existing or potential member, or an associate. This means that an association
cannot refuse membership to a potential member or grant it on less favourable terms because
of a protected characteristic. It does not, however, prevent associations restricting their
membership to people who share a protected characteristic (see Schedule 16). It also means
that an association cannot, among other things, refuse an existing member or associate access
to a benefit or deprive him or her of membership or rights as an associate respectively because
of a protected characteristic covered by this Part.
Background
319. Current legislation provides protection from discrimination, harassment and

victimisation by associations against existing or potential members and associates because of
race, disability and sexual orientation. This clause is designed to replicate the effect of the
provisions in current legislation, and to extend protection to the characteristics of gender, age,
religion or belief, pregnancy and maternity, and gender reassignment.
Examples
• A gentlemen’s club refuses to accept a person’s application for membership or charges

them a higher subscription rate because he is Muslim. This would be direct
discrimination.
• A private members’ golf club, which has members of both sexes, requires its female
members to play only on certain days while allowing male members to play at all
times. This would be direct discrimination.
Clause 97: Guests
Effect
320. This clause makes it unlawful for an association to discriminate against, harass or
victimise existing or potential guests. In particular, an association cannot refuse to invite a
E71
Equality Bill
Membership, etc.

(1) An association (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding who to admit to
membership; 5
(b) as to the terms on which A is prepared to admit B to membership;
(2) An association (A) must not discriminate against a member (B)—
(a) in the way A affords B access, or by not affording B access, to a benefit,
facility or service; 10
(c) by varying B’s terms of membership;
(3) An association (A) must not discriminate against an associate (B)—
(a) in the way A affords B access, or by not affording B access, to a benefit, 15
facility or service;
(b) by depriving B of B’s rights as an associate;
(c) by varying B’s rights as an associate;
(4) An association must not harass— 20
(a) a member;
(b) a person seeking to become a member;
(c) an associate.
(5) An association (A) must not victimise a person (B)—
(a) in the arrangements A makes for deciding who to admit to 25
membership;
(b) as to the terms on which A is prepared to admit B to membership;
(6) An association (A) must not victimise a member (B)—
(a) in the way A affords B access, or by not affording B access, to a benefit, 30
(c) by varying B’s terms of membership;
(7) An association (A) must not victimise an associate (B)— 35
(b) by depriving B of B’s rights as an associate;
(c) by varying B’s rights as an associate;
(d) by subjecting B to any other detriment. 40
97 Guests
(1) An association (A) must not discriminate against a person (B)—
71
EXPLANATORY NOTES
person as a guest because of a particular characteristic or invite that person on certain

conditions which the association would not apply to other would-be guests. Equally, a guest
cannot be refused access to a benefit simply because of a protected characteristic or subject to
any other detriment.
Background
321. Current legislation provides protection to existing and potential guests of associations
because of disability only. This clause extends similar protection to all protected
characteristics covered by this Part.
Example
• An association refuses to invite the disabled wife of a member to attend an annual

dinner, which is open to all members’ partners, simply because she is a wheelchair
user. This would be direct discrimination.
Clause 98: Sections 96 and 97: further provision
Effect
322. This clause imposes on associations the duty to make reasonable adjustments for
disabled members and guests.
323. This clause also provides that the Bill does not prohibit harassment of members,
potential members, associates, guests and potential guests because of religion or belief or
sexual orientation.
Clause 99: Selection of candidates
Effect
324. This clause allows registered political parties to make arrangements in relation to the
selection of election candidates to address the under-representation of people with particular
protected characteristics in elected bodies.
325. These arrangements include single-sex shortlists for election candidates, but not
shortlists restricted to people with other protected characteristics.
E72
Equality Bill
(a) in the arrangements A makes for deciding who to invite, or who to

permit to be invited, as a guest;
(b) as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;
(c) by not inviting B, or not permitting B to be invited, as a guest. 5
(2) An association (A) must not discriminate against a guest (B) invited by A or
with A’s permission (whether express or implied)—
(b) by subjecting B to any other detriment. 10
(3) An association must not harass—
(a) a guest;
(b) a person seeking to be a guest.
(4) An association (A) must not victimise a person (B)—
(a) in the arrangements A makes for deciding who to invite, or who to 15
permit to be invited, as a guest;
(b) as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;
(c) by not inviting B, or not permitting B to be invited, as a guest.
(5) An association (A) must not victimise a guest (B) invited by A or with A’s 20
permission (whether express or implied)—
(b) by subjecting B to any other detriment.
98 Sections 96 and 97: further provision 25

(1) A duty to make reasonable adjustments applies to an association.
(2) In the application of section 24 for the purposes of section 96(4) or 97(3), neither
of the following is a relevant protected characteristic—
(b) sexual orientation. 30
(1) This section applies to an association which is a registered political party.
(2) A person does not contravene this Part only by acting in accordance with
selection arrangements. 35
(3) Selection arrangements are arrangements—
(a) which the party makes for regulating the selection of its candidates in
a relevant election, and
72
EXPLANATORY NOTES
326. This provision applies to the selection of candidates in relation to elections to

Parliament, local government, the European Parliament, to the Scottish Parliament and to the
National Assembly for Wales.
Background
327. For sex, the clause replicates similar provisions in the Sex Discrimination Act 1975,
as amended by the Sex Discrimination (Election Candidates) Act 2002, relating to the
selection of candidates. For the other protected characteristics this clause introduces new
provisions allowing political parties to take action in their selection arrangements in order to
address under-representation in elected bodies, short of shortlists restricted to people with a
particular protected characteristic. This will, for instance, allow political parties to reserve
places on relevant electoral shortlists for people with a specific protected characteristic such as
race, disability etc.
Examples
• A political party can have a women-only short-list of potential candidates to represent

a particular constituency in Parliament, provided women remain under-represented in
the party’s Members of Parliament.
• A political party cannot shortlist only black or Asian candidates for a local
government by-election. However, if Asians are under-represented amongst a party’s
elected councillors on a particular Council, the party could choose to reserve a specific
number of seats for Asian candidates on a by-election shortlist.
Clause 100: Time limited provision
Effect
328. This clause is linked to the provisions in clause 99 relating to the selection of
candidates by registered political parties. It provides that the provision in clause 99(7) which
permits single-sex shortlists for election candidates in order to address under-representation in
elected bodies will be repealed automatically at the end of 2030 unless an order is made by a
Minister of the Crown to extend it beyond that date.
329. This clause also extends the expiry date for the similar provisions in the Sex
Discrimination (Election Candidates) Act until 2030, so far as they apply to Northern Ireland.
Background
330. The clause replicates similar provisions in the Sex Discrimination (Election
Candidates) Act 2002, but extends the expiry date for those provisions to 2030.
Effect
331. This clause explains what is meant by terms used in Part 7 of the Bill. It defines an
association as a body with 25 or more members where access to membership is controlled by
rules and involves a genuine selection process based on personal criteria. It gives a Minister
E73
Equality Bill
(b) the purpose of which is to reduce inequality in the party’s

representation in the body concerned.
(4) The reference in subsection (3)(b) to inequality in a party’s representation in a
body is a reference to inequality between—
(a) the number of the party’s candidates elected to be members of the body 5
who share a protected characteristic, and
(b) the number of the party’s candidates so elected who do not share that
characteristic.
(5) For the purposes of subsection (4), persons share the protected characteristic of
disability if they are disabled persons (and section 6(3)(b) is accordingly to be 10
ignored).
(6) Selection arrangements do not include short-listing only such persons as have
a particular protected characteristic.
(7) But subsection (6) does not apply to the protected characteristic of sex.
(8) The following elections are relevant elections— 15
(a) Parliamentary elections;
(b) elections to the European Parliament;
(c) elections to the Scottish Parliament;
(d) elections to the National Assembly for Wales;
(e) local government elections within the meaning of section 191, 203 or 20
204 of the Representation of the People Act 1983 (excluding elections
for the Mayor of London).

(1) Section 99(7) is repealed at the end of 2030 unless an order is made under
subsection (2). 25
(2) At any time before the end of 2030, a Minister of the Crown may by order
provide that subsection (1) is to have effect with the substitution of a later time
for that for the time being specified there.
(3) In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of
that Act), in subsection (1) for “2015” substitute “2030”. 30
(4) The substitution made by subsection (3) does not affect the power to substitute
a later time by order under section 3 of that Act.
Supplementary

(1) This section applies for the purposes of this Part. 35
(2) An “association” is an association of persons—
73
EXPLANATORY NOTES
of the Crown power to amend this definition so as to change the number of members required
by the definition.
332. It also provides that people who have any kind of membership of a particular
association are protected by this Part, as are associates, who are not members of an
association, but have many of the rights of members as a consequence of being a member of
another association.
333. The exceptions which apply to this part of the Bill are contained in Schedule 16.
Background
334. The substance of the definition of an association remains unchanged from that used in
the Race Relations Act 1976.
Examples
• Associations include: private members’ golf clubs and gentlemen’s clubs where
applicants for membership are required to make a personal application, be sponsored
by other members and go through some kind of selection process.
Membership would cover full membership, associate membership, temporary membership

and day membership.
• Casinos, nightclubs and gyms, where payment of the requisite “membership” fee is all
that is required to secure admittance are not associations for the purposes of this Part.
These are covered instead by the provisions in Part 3 concerning services provided to
the public.
• A book club run by a group of friends which has no formal rules governing admittance
or whose membership is less than 25 is not an association for the purposes of this Part.
Part 8: Prohibited conduct: ancillary
Clause 102: Relationships that have ended
Effect
335. This clause makes it unlawful to discriminate against or harass someone after a
relationship covered by the Bill has ended.
336. It covers any former relationship in which the Bill prohibits one person from
discriminating against or harassing another, such as in employment, or in the provision of
goods, facilities and services. It is designed to ensure that treatment of the kind made unlawful
by the Bill which results from, and is closely linked to, the existence of a relationship is still
unlawful even though the relationship no longer exists.
337. This provision applies to conduct which takes place after the Bill is commenced,
whether or not the relationship in question ended before that date. If the conduct occurred
before this clause was commenced, it would be dealt with under the current legislation.
338. This clause also requires reasonable adjustments to be made for disabled people even
after a relationship has ended, if they continue to be at a substantial disadvantage in
E74 comparison to people without a disability. A person will be considered to have discriminated
Equality Bill
(a) which has at least 25 members, and

(b) admission to membership of which is regulated by the association’s
rules and involves a process of selection.
(3) A Minister of the Crown may by order amend subsection (2)(a) so as to
substitute a different number for that for the time being specified there. 5
(4) It does not matter—
(a) whether an association is incorporated;
(b) whether its activities are carried on for profit.
(5) Membership is membership of any description (other than membership that is
by reference to a protected characteristic); and a reference to a member is to be 10
construed accordingly.
(6) A person is an “associate”, in relation to an association, if the person—
(a) is not a member of the association, but
(b) in accordance with the association’s rules, has some or all of the rights
as a member as a result of being a member of another association. 15
(7) A reference to a registered political party is a reference to a party registered in
the Great Britain register under Part 2 of the Political Parties, Elections and
Referendums Act 2000.
PART 8

(1) A person (A) must not discriminate against another (B) if—
(a) the discrimination arises out of and is closely connected to a 25
relationship which used to exist between them, and
(b) conduct of a description constituting the discrimination would, if it
occurred during the relationship, contravene this Act.
(2) A person (A) must not harass another (B) if—
(a) the harassment arises out of and is closely connected to a relationship 30
which used to exist between them, and
(b) conduct of a description constituting the harassment would, if it
occurred during the relationship, contravene this Act.
(3) It does not matter whether the relationship ends before or after the
commencement of this section. 35
(4) A duty to make reasonable adjustments applies to A in so far as B continues to
be placed at a substantial disadvantage as mentioned in section 19.
74
EXPLANATORY NOTES
against a disabled person if he or she fails to comply with the duty to make reasonable
adjustments.
339. A breach of this clause triggers the same enforcement procedures as if the treatment
had occurred during the relationship. However, if the treatment which is being challenged
constitutes victimisation, it will be dealt with under the victimisation provisions and not under
this clause.
Background
340. This clause replaces similar provisions in current legislation. It also extends the
protection after a relationship has ended to cover discrimination outside the workplace
because of religion or belief and sexual orientation. It will provide similar protection against
age discrimination and harassment outside the workplace when the age protection provisions
are commenced.
Examples
• A school or employer refuses to give a reference to an ex-pupil or ex-employee

because of their religion of belief. This would be direct discrimination.
• A builder or plumber addresses abusive and hostile remarks to a previous customer

because of her gender after their business relationship has ended. This would be
harassment. It would not be harassment, however, where the reason for the treatment
was not the customer’s gender but, for example, a dispute over payment.
• A disabled former employee’s benefits include life-time use of the company’s in-
house gym facilities. The employer or owner of the premises must make reasonable
adjustments to enable the former employee to continue using the facilities even after
she has retired.
Clause 103: Liability of employers and principals
Effect
341. This clause makes employers and principals liable for acts of discrimination,
harassment and victimisation carried out by their employees in the course of employment or
by their agents acting under their authority. It does not matter whether or not the employer or
principal knows about or approves of those acts.
342. However, employers who can show that they took all reasonable steps to prevent their
employees from acting unlawfully will not be held liable.
343. Employers and principals cannot be held liable for any criminal offences under the
Bill that are committed by their employees or agents, except for those in the provisions on
transport services for disabled people in Part 12 of the Bill.
Background
344. This clause replaces similar provisions in current legislation. It is designed to ensure
that employers and principals are made responsible for the acts of those over whom they have
control. The clause works together with the provisions on “Liability of employees and agents”
(clause 104), “Instructing and causing discrimination” (clause 105), and “Aiding
E75
Equality Bill
Part 8 — Prohibited conduct: ancillary
(5) For the purposes of subsection (4), sections 19, 20 and 21 and the applicable
Schedules are to be construed as if the relationship had not ended.
(6) For the purposes of Part 9 (enforcement), a contravention of this section relates
to the Part of this Act that would have been contravened if the relationship had
not ended. 5
(7) But conduct is not a contravention of this section in so far as it also amounts to
victimisation of B by A.

(1) Anything done by a person (A) in the course of A’s employment must be
treated as also done by the employer. 10
(2) Anything done by an agent for a principal, with the authority of the principal,
must be treated as also done by the principal.
(3) It does not matter whether the thing is done with the employer’s or principal’s
knowledge or approval.
(4) In proceedings against A’s employer (B) in respect of anything alleged to have 15
been done by A in the course of A’s employment it is a defence for B to show
that B took all reasonable steps to prevent A—
(a) from doing the thing, or
(b) from doing anything of that description.
(5) This section does not apply to offences under this Act (other than offences 20
under Part 12 (disabled persons: transport)).
75
EXPLANATORY NOTES
contraventions” (clause 106) to ensure that both the person carrying out an unlawful act and
any person on whose behalf they were acting can be held to account where appropriate.
Examples
• A landlord (the principal) instructs an agent to collect rent at a property. The agent
harasses an Asian couple, who bring a claim in which the agent is held to have acted
unlawfully. The principal may be held liable for breaching the harassment provisions
even if unaware of the agent’s actions.
• A shop owner becomes aware that her employee is refusing to serve disabled
customers. The employer tells the employee to treat disabled customers in the same
way as other customers and sends the employee on a diversity training course.
However, the employee continues to treat disabled customers less favourably. One
such customer brings a claim against both the employee and the employer. The
employer may avoid liability by arguing that she took all reasonable steps to stop the
employee from acting in a discriminatory way.
Clause 104: Liability of employees and agents
Effect
345. This clause makes an employee personally liable for unlawful acts committed in the
course of employment where, because of clause 103, the employer is also liable - or would be
but for the defence of having taken all reasonable steps to prevent the employee doing the
relevant thing. An agent would be equally personally liable under this clause for any unlawful
acts committed under a principal’s authority. However, an employee or agent will not be liable
if he or she has been told by the employer or principal that the act is lawful and he or she
reasonably believes this to be true.
346. Subsections (4) and (5) make it an offence, punishable by a fine of (currently) up to
£5,000, for an employer or principal to make a false statement in order to try to get an
employee or agent to carry out an unlawful act.
347. This clause does not apply to discriminatory acts done by an employee or agent on the
grounds of disability in relation to schools because claims for disability discrimination in
schools cannot be enforced against individuals.
Background
348. This clause incorporates some of the elements in the “Aiding unlawful acts”
provisions in current discrimination legislation. It takes a more direct approach and unlike the
existing provisions it is not necessary to show that the employee or agent knew that the act was
unlawful.
Example
• A factory worker racially harasses her colleague. The factory owner would be liable
for the worker’s actions, but is able to show that he took all reasonable steps to stop the
harassment. The colleague can still bring a claim against the factory worker in an
employment tribunal.
E76
Equality Bill

(1) A person (A) contravenes this section if—
(a) A is an employee or agent,
(b) A does a thing which, by virtue of section 103(1) or (2), is treated as
having been done by A’s employer or principal (as the case may be), 5
and
(c) the doing of the thing by A amounts to a contravention of this Act by
the employer or principal (as the case may be).
(2) It does not matter whether, in any proceedings, the employer is found not to
have contravened this Act by virtue of section 103(4). 10
(3) A does not contravene this section if—
(a) A relies on a statement by the employer or principal that doing the
thing is not a contravention of this Act, and
(b) it is reasonable for A to do so.
(4) A person (B) commits an offence if B knowingly or recklessly makes a 15
statement mentioned in subsection (3)(a) which is false or misleading in a
material respect.
(5) A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(6) Part 9 (enforcement) applies to a contravention of this section by A as if it were 20
the contravention mentioned in subsection (1)(c).
(7) The reference in subsection (1)(c) to a contravention of this Act does not
include a reference to disability discrimination in contravention of Chapter 1
of Part 6 (schools).
76
EXPLANATORY NOTES
²A principal instructs an agent to sell products on her behalf. The agent

discriminates against a disabled customer. Both the principal and the agent are
liable, but the courts are able to determine that evidence provided by the
principal indicate the authority given to the agent did not extend to carrying out
an authorised act in a discriminatory manner. The disabled customer can still
bring a claim against the agent.
•
Clause 105: Instructing and causing discrimination
Effect
349. This clause makes it unlawful for a person to instruct, cause or induce someone to
discriminate against, harass or victimise another person, or to attempt to do so.
350. It provides a remedy for both the recipient of the instruction and the intended victim,
whether or not the instruction is carried out, provided the recipient or intended victim suffers a
detriment as a result.
351. However, the clause only applies where the person giving the instruction is in a
relationship with the recipient of the instruction in which discrimination, harassment or
victimisation is prohibited.
352. The Equality and Human Rights Commission can enforce this clause using its
statutory powers under the Equality Act 2006. Equally, both the recipient of the instruction
and the intended victim can bring individual claims for breach of this clause against the person
giving the instructions. A claim brought by the recipient of the instruction will be dealt with in
the same forum (employment tribunal or county courts) as a direct claim for discrimination,
harassment or victimisation against the person giving the instruction would be. A claim
brought by the intended victim against the person giving the instruction will be dealt with in
the same forum as a claim for discrimination, harassment or victimisation against the person
carrying out the instruction would be.
Background
353. This clause replaces provisions in current legislation in relation to race, sex, gender
reassignment, pregnancy and maternity, age (within the workplace) disability (within the
workplace), religion or belief (outside of the workplace) and sexual orientation (outside of the
workplace). It extends protection to all protected characteristics in all areas covered by the Bill
and allows the Equality and Human Rights Commission to bring enforcement proceedings in
relation to any action in breach of the clause. (Previously Equality and Human Rights
Commission’s enforcement powers were not uniform even between the strands and fields
where there were provisions on instructions to discriminate). The provision expressly allowing
persons instructed to bring proceedings is new (other than in relation to age for the workplace
where such provision already exists), and is designed to codify the current position in common
law (see Weathersfield v Sargent [1999] IRLR 94). The provision expressly allowing the
intended victim to bring proceedings, even where the instruction is not carried out, is also new
and is designed to ensure greater clarity about the protection under current legislation.
Example
• A GP instructs his receptionist not to register anyone with an Asian name. The
receptionist would have a claim against the GP if subjected to a detriment for not
E77 doing so. A potential patient would also have a claim against the GP if she discovered
Equality Bill

(1) A person (A) must not instruct another (B) to do in relation to a third person
(C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 102(1) or (2) or
106(1) (a basic contravention).
(2) A person (A) must not cause another (B) to do in relation to a third person (C) 5
anything which is a basic contravention.
(3) A person (A) must not induce another (B) to do in relation to a third person (C)
anything which is a basic contravention.
(4) For the purposes of subsection (3), inducement may be direct or indirect.
(5) Proceedings for a contravention of this section may be brought— 10
(a) by B, if B is subjected to a detriment as a result of A’s conduct;
(b) by C, if C is subjected to a detriment as a result of A’s conduct;
(c) by the Commission.
(6) For the purposes of subsection (5), it does not matter whether—
(a) the basic contravention occurs; 15
(b) any other proceedings are, or may be, brought in relation to A’s
conduct.
(7) This section does not apply unless the relationship between A and B is such
that A is in a position to commit a basic contravention in relation to B.
(8) A reference in this section to causing or inducing a person to do a thing 20
includes a reference to attempting to cause or induce the person to do the thing.
(9) For the purposes of Part 9 (enforcement), a contravention of this section is to be
treated as relating—
(a) in a case within subsection (5)(a), to the Part of this Act which, because
of the relationship between A and B, A is in a position to contravene in 25
relation to B;
(b) in a case within subsection (5)(b), to the Part of this Act which, because
of the relationship between B and C, B is in a position to contravene in
relation to C.
77
EXPLANATORY NOTES
the instruction had been given and was put off applying to register. The receptionist’s
claim against the GP would be brought before the employment tribunal as it relates to
employment, while the potential patient’s claim would be brought in the county court
as it relates to services.
Clause 106: Aiding contraventions
Effect
354. This clause makes it unlawful for a person to help someone carry out an act which he
or she knows is unlawful under the Bill. However, this is not unlawful if the person giving
assistance has been told that the act is lawful and he or she reasonably believes this to be true.
355. It makes it an offence, punishable by a fine of (currently) up to £5,000, to make a false

statement in order to try to get another person’s help to carry out an unlawful act.
356. For the purposes of enforcement, breaches of the prohibition on aiding contraventions
are dealt with under the same procedures in the Bill as the contraventions themselves.
Background
legislation. It ensures that a person who helps another to do something which they know to be
prohibited by the Bill is liable in their own right. Taken together with the provisions “Liability
of employers and principals” (clause 103), “Liability of employees and agents” (clause 104)
and “Instructing and causing discrimination” (clause 105) of the Bill.
Example
• On finding out that a new tenant is gay, a landlord discriminates against him by
refusing him access to certain facilities, claiming that they are not part of the tenancy
agreement. Another tenant knows this to be false but joins in with the landlord in
refusing the new tenant access to the facilities in question. The new tenant can bring a
discrimination claim against both the landlord and the tenant who helped him.
Part 9: Enforcement
Chapter 1: Introductory
Clause 107: Proceedings
Effect
358. This clause applies the provisions of Part 9 to claims made under the Bill. These
claims must be brought either in a county court (sheriff court in Scotland) or in an employment
tribunal. Clauses 108 and 114 set out which claims should be brought in the civil courts and
which in tribunals.
359. This clause does not affect the enforcement powers of the Equality and Human Rights
E78 Commission which are in Part 1 of the Equality Act 2006. Nor does it prevent judicial review
Equality Bill

(1) A person (A) must not knowingly help another (B) to do anything which
contravenes Part 3, 4, 5, 6 or 7 or section 102(1) or (2) or 105 (a basic
contravention).
(2) It is not a contravention of subsection (1) if— 5
(a) A relies on a statement by B that the act for which the help is given does
not contravene this Act, and
(b) it is reasonable for A to do so.
(3) B commits an offence if B knowingly or recklessly makes a statement
mentioned in subsection (2)(a) which is false or misleading in a material 10
respect.
(5) For the purposes of Part 9 (enforcement), a contravention of this section is to be
treated as relating to the provision of this Act to which the basic contravention 15
relates.
(6) The reference in subsection (1) to a basic contravention does not include a
reference to disability discrimination in contravention of Chapter 1 of Part 6
(schools).
PART 9 20
ENFORCEMENT
CHAPTER 1
INTRODUCTORY
107 Proceedings
(1) Proceedings relating to a contravention of this Act must be brought in 25
accordance with this Part.
(2) Subsection (1) does not apply to proceedings under Part 1 of the Equality Act
2006.
(3) Subsection (1) does not prevent—
78
EXPLANATORY NOTES
proceedings (or the equivalent in Scotland) or certain immigration proceedings related to

compliance with the Bill’s provisions.
Background
360. This provision replaces similar provisions in the current legislation.
Chapter 2: Civil courts
Clause 108: Jurisdiction
Effect
361. This clause sets out what types of claims under the Bill a county court or (in Scotland)
the sheriff court has jurisdiction to hear. These are claims related to provision of services, the
exercise of public functions, disposal and management of premises, education (other than in
relation to disability), and associations.
362. There is a presumption that a judge or sheriff will appoint an assessor to assist the
court when hearing discrimination cases. However, an assessor need not be appointed where
there are good reasons not to (for example, after an assessment of the judge’s own level of
experience, the nature of the case and the wishes of the claimant).
Background
However, for the first time the Bill enables disability discrimination in schools cases in
Scotland to be heard in the Additional Support Needs Tribunals (Scotland) rather than the
sheriff courts, where they are heard at present.
364. Currently, two assessors sit with judges in cases involving race and sex discrimination
only. This clause extends the requirement to have assessors for cases of discrimination based
on any protected characteristic, such as sexual orientation or religion or belief, but reduces the
number of assessors used in each case to one.
Examples
• A woman has joined a golf club but, because she is a woman, she is allowed to play
golf only on Tuesday afternoons and is not allowed access to the club bar. She could
bring a discrimination claim in the county or (if the golf course is in Scotland) sheriff
E79 court.
Equality Bill
Part 9 — Enforcement
Chapter 2 — Civil courts
(a) a claim for judicial review;
(b) proceedings under the Immigration Acts;
(c) proceedings under the Special Immigration Appeals Commission Act
1997;
(d) in Scotland, an application to the supervisory jurisdiction of the Court 5
of Session.
(4) This section is subject to any express provision of this Act conferring
jurisdiction on a court or tribunal.
(5) The reference to a contravention of this Act includes a reference to a breach of
an equality clause or rule. 10
(6) Chapters 2 and 3 do not apply to proceedings relating to an equality clause or
rule except in so far as Chapter 4 provides for that.
(a) proceedings for an offence under this Act;
(b) proceedings relating to a penalty under Part 12 (disabled persons: 15
transport).
CHAPTER 2
CIVIL COURTS
108 Jurisdiction
(1) A county court or, in Scotland, the sheriff has jurisdiction to determine a claim 20
relating to—
(a) a contravention of Part 3 (services and public functions);
(b) a contravention of Part 4 (premises);
(c) a contravention of Part 6 (education);
(d) a contravention of Part 7 (associations); 25
(e) a contravention of section 102, 105 or 106 that relates to Part 3, 4, 6 or 7.
(2) Subsection (1)(a) does not apply to a claim within section 109.
(3) Subsection (1)(c) does not apply to a claim within section 110.
(4) For the purposes of proceedings on a claim within subsection (1)(a)—
(a) a decision in proceedings on a claim mentioned in section 109(1) that an 30
act is a contravention of Part 3 is binding;
(b) it does not matter whether the act occurs outside the United Kingdom.
(5) The county court or sheriff—
(a) must not grant an interim injunction or interdict unless satisfied that no
criminal matter would be prejudiced by doing so; 35
(b) must grant an application to stay or sist proceedings under subsection
(1) on grounds of prejudice to a criminal matter unless satisfied the
matter will not be prejudiced.
(6) In proceedings in England and Wales on a claim within subsection (1), the
power under section 63(1) of the County Courts Act 1984 (appointment of 40
assessors) must be exercised unless the judge is satisfied that there are good
reasons for not doing so.
79
EXPLANATORY NOTES
• A gay man applies for residential housing in a local authority area, but is told that he
can choose from only three housing blocks because all homosexual people are housed
together. He could bring a discrimination claim in the county or sheriff court.
Clause 109: Immigration cases
Effect
365. This clause sets out which claims under the Bill are outside the jurisdiction of the
county or sheriff courts because they are being dealt with in immigration proceedings. These
are claims in relation to decisions on whether a person may enter or remain in the UK and
claims where the question of whether there has been a breach of Part 3 of the Bill (dealing with
services and public functions) has either been raised in immigration proceedings and rejected,
or could be raised on appeal.
Background
366. This provision is designed to replicate the effect of provisions in current legislation.
Clause 110: Education cases
Effect
367. This clause sets out which education-related claims under the Bill are outside the
jurisdiction of the county and sheriff courts. These are claims about discrimination because of
disability in schools which should be brought instead in specialist tribunals (there is a separate
tribunal for England, for Wales and for Scotland).
E80
Equality Bill
(7) In proceedings in Scotland on a claim within subsection (1), the power under
rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of
assessors) must be exercised unless the sheriff is satisfied that there are good
reasons for not doing so.
(8) The remuneration of an assessor appointed by virtue of subsection (7) is to be 5
at a rate determined by the Lord President of the Court of Session.

(1) A claim is within this section if it relates to the act of an immigration authority
in taking a relevant decision and—
(a) the question whether the act is a contravention of Part 3 has been or 10
could be raised on an appeal which is pending, or could be brought,
under the immigration provisions, or
(b) it has been decided on an appeal under those provisions that the act is
not a contravention of Part 3.
(2) The relevant decision is not— 15
(a) subject to challenge in proceedings on a claim within section 108(1)(a),
or
(b) affected by the decision of a court in such proceedings.
(3) For the purposes of subsection (1)(a) a power to grant permission to appeal out
of time must be ignored. 20
(4) Each of the following is an immigration authority—
(a) the Secretary of State;
(b) an immigration officer;
(c) a person responsible for the grant or refusal of entry clearance (within
the meaning of section 33(1) of the Immigration Act 1971). 25
(5) The immigration provisions are—
(a) the Special Immigration Appeals Commission Act 1997, or
(b) Part 5 of the Nationality, Immigration and Asylum Act 2002.
(6) A relevant decision is—
(a) a decision under the Immigration Acts relating to the entitlement of a 30
person to enter or remain in the United Kingdom;
(b) a decision on an appeal under the immigration provisions relating to a
decision within paragraph (a).
(7) An appeal is pending if it is pending for the purposes of section 104 of the
Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the 35
purposes of that section as it is applied by section 2(2)(j) of the Special
Immigration Appeals Commission Act 1997.
110 Education cases

(1) A claim is within this section if it may be made to—
(a) the First-tier Tribunal in accordance with Part 2 of Schedule 17, 40
(b) the Special Educational Needs Tribunal for Wales in accordance with
Part 2 of that Schedule, or
(c) an Additional Support Needs Tribunal for Scotland in accordance with
Part 3 of that Schedule.
80
EXPLANATORY NOTES
Background
368. The position for England and Wales remains unchanged. As noted in relation to clause
108 the Bill for the first time enables disability discrimination in schools cases in Scotland to
be heard in the Additional Support Needs Tribunals (Scotland) rather than the sheriff courts,
where they are heard at present.
Clause 111: National security
Effect
369. A county or sheriff court may need to take various steps during proceedings in order
to safeguard national security. This clause enables the Civil Procedure Rules Committee (for
England and Wales) and the Sheriff Court Rules Council (for Scotland) to make rules of court
to enable the court to exclude a claimant, representative or assessor from part or all of the
proceedings; permit a claimant or representative who has been excluded to make a statement
before the proceedings begin; and ensure that part or all of the reasons for a decision on the
merits of the case are kept secret. Where the claimant or his or her representative is excluded
from proceedings, a special advocate can be appointed to represent the claimant’s interests.
Background
370. This provision is designed to replicate and extend powers in current legislation. The
existing powers apply in relation to some discrimination proceedings but not to those
involving sexual orientation and age. This provision extends the power so that it applies
across all the protected characteristics.
Clause 112: Time limits
Effect
371. A person must bring a claim under the Bill in the county and sheriff courts within six
months of the alleged unlawful act taking place. If a person wants to make a claim after that
period it is at the courts’ discretion whether they grant permission to allow this. The test
applied by the courts is what is “just and equitable” in the circumstances. This test is used to
decide whether to extend time limits in other types of claims such as negligence personal
injury claims and is used in the current legislation.
372. The exception to this rule is for claims which have been referred to a student
complaints scheme within six months or to the Equality and Human Rights Commission for
conciliation. In these instances the time limit for bringing a claim is increased to nine months.
The six month period will only begin, in a claim involving a decision of an immigration body,
when that body has ruled that there is a breach of Part 3 and that ruling can no longer be
appealed.
E81
Equality Bill
(2) A claim is also within this section if it must be made in accordance with appeal
arrangements within the meaning of Part 4 of that Schedule.
(3) Schedule 17 (disabled pupils: enforcement) has effect.

(1) Rules of court may, in relation to proceedings on a claim within section 108, 5
confer power as mentioned in subsections (2) to (4); but a power so conferred
is exercisable only if the court thinks it expedient to do so in the interests of
national security.
(2) The rules may confer power to exclude from all or part of the proceedings—
(a) the claimant or pursuer; 10
(b) a representative of the claimant or pursuer;
(c) an assessor.
(3) The rules may confer power to permit a claimant, pursuer or representative
who has been excluded to make a statement to the court before the
commencement of the proceedings, or part of the proceedings, to which the 15
exclusion relates.
(4) The rules may confer power to take steps to keep secret all or part of the
reasons for the court’s decision.
(5) The Attorney General or, in Scotland, the Advocate General for Scotland may
appoint a person to represent the interests of a claimant or pursuer in, or in any 20
part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b)
relates.
(6) A person (P) may be appointed under subsection (5) only if—
(a) in relation to proceedings in England and Wales, P is a person who, for
the purposes of the Legal Services Act 2007, is an authorised person in 25
relation to an activity which constitutes the exercise of a right of
audience or the conduct of litigation;
(b) in relation to proceedings in Scotland, P is an advocate or qualified to
practice as a solicitor in Scotland.
(7) P is not responsible to the person whose interests P is appointed to represent. 30
112 Time limits

(1) Proceedings on a claim within section 108 may not be brought after the end
of—
(a) the period of 6 months starting with the date of the act to which the
claim relates, or 35
(b) such other period as the county court or sheriff thinks just and
equitable.
(2) If subsection (3) or (4) applies, subsection (1)(a) has effect as if for “6 months”
there were substituted “9 months”.
(3) This subsection applies if— 40
(a) the claim relates to the act of a qualifying institution, and
81
EXPLANATORY NOTES
373. Where the conduct in respect of which a claim under the Bill might arise continues
over a period of time, the time limit starts to run at the end of that period. Where it consists of
a failure to do something, the time limit starts to run when the person decides not to do the
thing in question. In the absence of evidence to the contrary, this is either when the person
does something which conflicts with doing the act in question; or at the end of the time when it
would have been reasonable for them to do the thing.
Background
374. This clause is designed to replicate the effect of provisions in the current legislation,
except that the provision allowing a longer time limit in respect of complaints referred to the
student complaints scheme and for conciliation by the Equality and Human Rights
Commission is new.
Clause 113: Remedies
Effect
375. This clause gives powers to county and sheriff courts hearing claims under the Bill to
grant any remedy that the High Court or Court of Session in Scotland can grant in proceedings
in tort or in a claim for judicial review. The main remedies available are damages (including
compensation for injuries to feelings), an injunction and a declaration. In cases based on
indirect discrimination, if the respondent proves that he or she did not intend to treat the
claimant unfavourably then the award of damages can not be considered until a court has
looked at the other remedies available to it.
376. A court cannot grant some remedies, such as an injunction, if it would prejudice a
criminal investigation or proceedings.
377. Background
E82
Equality Bill
(b) a complaint relating to the act is referred under the student complaints
scheme before the end of the period of 6 months starting with the date
of the act.
(4) This subsection applies if—
(a) the claim relates to a dispute referred for conciliation in pursuance of 5
arrangements under section 27 of the Equality Act 2006, and
(b) subsection (3) does not apply.
(5) If it has been decided under the immigration provisions that the act of an
immigration authority in taking a relevant decision is a contravention of Part 3
(services and public functions), subsection (1) has effect as if for paragraph (a) 10
there were substituted—
“(a) the period of 6 months starting with the day after the expiry of
the period during which, as a result of section 108(2),
proceedings could not be brought in reliance on section
108(1)(a);”. 15
(a) conduct extending over a period is to be treated as done at the end of
the period;
(b) failure to do a thing is to be treated as occurring when the person in
question decided on it. 20
(7) In the absence of evidence to the contrary, a person (P) is to be taken to decide
on failure to do a thing—
(a) when P does an act inconsistent with doing the thing, or
(b) if P does no inconsistent act, on the expiry of the period in which P
might reasonably have been expected to do the thing. 25
“immigration authority”, “immigration provisions” and “relevant
decision” each have the meaning given in section 109;
“qualifying institution” has the meaning given by section 11 of the Higher
Education Act 2004; 30
“the student complaints scheme” means a scheme for the review of
qualifying complaints (within the meaning of section 12 of that Act)
that is provided by the designated operator (within the meaning of
section 13(5)(b) of that Act).
113 Remedies 35
(1) This section applies if a county court or the sheriff finds that there has been a
contravention of a provision referred to in section 108(1).
(2) The county court has power to grant any remedy which could be granted by
the High Court—
(a) in proceedings in tort; 40
(b) on a claim for judicial review.
(3) The sheriff has power to make any order which could be made by the Court of
Session—
(a) in proceedings for reparation;
(b) on a petition for judicial review. 45
82
EXPLANATORY NOTES
377. This provision is designed to replicate the effect of provisions in the current
legislation.
Chapter 3: Employment tribunals
Effect
378. This clause sets out what types of claims under the Bill the employment tribunals have
jurisdiction to hear. These are cases involving discrimination in a work context (which
includes contract workers, partners, office holders and barristers and advocates). Their
jurisdiction also includes cases about the terms of collective agreements (which can cover any
of the terms of employment) and rules of undertakings which are unenforceable under clause
139 because they provide for treatment which is prohibited by the Bill.
379. An employment tribunal also has jurisdiction to determine a complaint relating to a

breach of an equality clause or an equality rule. This includes a complaint about arrears of pay,
benefits or damages.
380. An employment tribunal can also make a ruling on an application made by the trustees
or managers of an occupational pension scheme for a declaration about their rights and those
of a member or prospective member of the scheme.
Background
381. This clause is designed to replicate the effect of provisions in the current legislation.
Examples
• A worker is racially abused by a co-worker. She could bring a discrimination claim in

the employment tribunal.
• A gay man has applied to become a partner in a firm of accountants but because he is
homosexual has not been invited for an interview despite being equally or better
qualified than other candidates who were invited for an interview. He could bring a
discrimination claim in the employment tribunal.
E83
Equality Bill
Chapter 3 — Employment tribunals
(4) An award of damages may include compensation for injured feelings (whether
or not it includes compensation on any other basis).
(5) In the case of a contravention by virtue of section 18 of a provision referred to
in section 108(1), the county court or sheriff must not make an award of
damages— 5
(a) if satisfied that the provision, criterion or practice was not applied with
the intention of discriminating against the claimant or pursuer, or
(b) without considering whether to make any other disposal.
(6) The county court or sheriff must not grant a remedy other than an award of
damages or the making of a declaration unless satisfied that no criminal matter 10
would be prejudiced by doing so.
CHAPTER 3
114 Jurisdiction
(1) An employment tribunal has, subject to section 115, jurisdiction to determine a 15
complaint relating to—
(a) a contravention of Part 5 (work);
(b) a contravention of section 102, 105 or 106 that relates to Part 5.
(2) An employment tribunal has jurisdiction to determine an application by a
responsible person (as defined by section 57) for a declaration as to the rights 20
of that person and a worker in relation to a dispute about the effect of a non-
discrimination rule.
(3) An employment tribunal also has jurisdiction to determine an application by
the trustees or managers of an occupational pension scheme for a declaration
as to their rights and those of a member in relation to a dispute about the effect 25
of a non-discrimination rule.
(4) An employment tribunal also has jurisdiction to determine a question that—
(a) relates to a non-discrimination rule, and
(b) is referred to the tribunal by virtue of section 116.
(5) In proceedings before an employment tribunal on a complaint relating to a 30
breach of a non-discrimination rule, the employer—
(a) is to be treated as a party, and
(b) is accordingly entitled to appear and be heard.
(6) Nothing in this section affects such jurisdiction as the High Court, a county
court, the Court of Session or the sheriff has in relation to a non-discrimination 35
rule.
(7) Subsection (1)(a) does not apply to a contravention of section 50 in so far as the
act complained of may, by virtue of an enactment, be subject to an appeal or
proceedings in the nature of an appeal.
83
EXPLANATORY NOTES
Clause 115: Jurisdiction in armed forces cases
Effect
382. This clause establishes that, before bringing a claim under the work provisions of the
Bill to an employment tribunal, a member of the armed forces must raise his or her complaint
through the armed services internal complaints procedure and not withdraw that complaint. If
the complainant fails properly to progress his or her internal complaint then it may, in certain
circumstances, be treated as if it had been withdrawn. The internal service complaint
procedures do not have to be concluded before the complainant brings a claim to an
employment tribunal.
Background
383. This clause is designed to replicate the effect of provisions in the current legislation.
Example
• A black soldier who thinks he has been discriminated against by being passed over for
promotion would have to make an internal service complaint before bringing his claim
to an employment tribunal.
Clause 116: References by court to tribunal, etc.
Effect
384. The Bill does not prevent the civil courts from considering a claim that a pension
scheme operates in a discriminatory manner. This clause enables a court to strike out such a
claim if it would be more convenient for an employment tribunal to deal with it, or to refer an
issue relating to such a claim to an employment tribunal.
Background
385. Employment tribunals have the specialist knowledge and procedures to handle claims
relating to discrimination in the work context and this clause gives a court power to refer such
issues to a tribunal. This clause reflects similar provisions in current legislation.
Example
• An employee who is member of a pension scheme sues his employer in court alleging
the employer operates the scheme in a discriminatory manner. The court decides to
refer the issue to an employment tribunal and postpones the case until the tribunal’s
decision.
E84
Equality Bill
(1) Section 114(1) does not apply to a complaint relating to an act done when the
complainant was serving as a member of the armed forces unless—
(a) the complainant has made a service complaint about the matter, and
(b) the complaint has not been withdrawn. 5
(2) If the complaint is made under the service complaint procedures, it is to be
treated for the purposes of subsection (1)(b) as withdrawn if—
(a) neither the officer to whom it is made nor a superior officer refers it to
the Defence Council, and
(b) the complainant does not apply for it to be referred to the Defence 10
Council.
(3) If the complaint is made under the old service redress procedures, it is to be
treated for the purposes of subsection (1)(b) as withdrawn if the complainant
does not submit it to the Defence Council under those procedures.
(4) The reference in subsection (3) to the old service redress procedures is a 15
reference to the procedures (other than those relating to the making of a report
on a complaint to Her Majesty) referred to in—
(a) section 180 of the Army Act 1955,
(b) section 180 of the Air Force Act 1955, or
(c) section 130 of the Naval Discipline Act 1957. 20
(5) The making of a complaint to an employment tribunal in reliance on subsection
(1) does not affect the continuation of the service complaint procedures or (as
the case may be) the old service redress procedures.

(1) If it appears to a court in which proceedings are pending that a claim or 25
counter-claim relating to a non-discrimination rule could more conveniently
be determined by an employment tribunal, the court may strike out the claim
or counter-claim.
(2) If in proceedings before a court a question arises about a non-discrimination
rule, the court may (whether or not on an application by a party to the 30
proceedings)—
(a) refer the question, or direct that it be referred by a party to the
proceedings, to an employment tribunal for determination, and
(b) stay or sist the proceedings in the meantime.
84
EXPLANATORY NOTES
Effect
386. This clause deals with time limits for cases in the employment tribunals. A person
must bring a claim within three months of the alleged conduct taking place. The exception to
that rule is a case involving an armed forces complaint, which must be brought within six
months. If a person wants to make a claim after that period it is at the tribunals’ discretion
whether they grant permission to allow them to do so. The test applied by the tribunals is what
is “just and equitable” in the circumstances. This test is used to decide whether to extend time
limits in other types of claims such as negligence personal injury claims and is used under the
current legislation.
387. Where the conduct in respect of which a claim under the Bill might arise continues
over a period of time, the time limit starts to run at the end of that period. Where it consists of
a failure to do something, the time limit starts to run when the person decides not to do the
thing in question. In the absence of evidence to the contrary, this is either when the person
does something which conflicts with doing the act in question; or at the end of the time when it
would have been reasonable for them to do the thing. This clause does not apply to a breach of
an equality clause or an equality rule, which are covered by clause 123 below.
Background
Clause 118: Remedies: general
Effect
389. This clause sets out the remedies available to employment tribunals hearing cases
under the Bill. It does not however apply to a breach of an equality clause or an equality rule,
which are dealt with in clauses 126, 127 and 128.
390. An employment tribunal can make a declaration regarding the rights of the
complainant and/or the respondent; order compensation to be paid, including damages for
injury to feelings; and make an appropriate recommendation. The measure of compensation
is that which applies in tort claims, for example claims of negligence, which is to put the
claimant in the same position, as far as possible, as they would have been if the unlawful act
had not taken place.
391. Where a tribunal makes a recommendation it does not have to be aimed only at
reducing the negative impact on the individual claimant(s) of the respondent’s actions which
gave rise to the successful claim, but can be aimed at reducing that impact on the wider
workforce. The recommendation must state that the respondent should take specific action
within a specified period of time. A tribunal has the power in any case where a
recommendation made for the benefit of the individual claimant only is not complied with, to
E85 award compensation or increase any award already made.
Equality Bill
117 Time limits
(1) Proceedings on a complaint within section 114 may not be brought after the
end of—
complaint relates, or 5
(b) such other period as the employment tribunal thinks just and equitable.
(2) Proceedings may not be brought in reliance on section 115(1) after the end of—
proceedings relate, or
(b) such other period as the employment tribunal thinks just and equitable. 10
(a) conduct extending over a period is to be treated as done at the end of
the period;
(b) failure to do a thing is to be treated as occurring when the person in
question decided on it. 15
(4) In the absence of evidence to the contrary, a person (P) is to be taken to decide
on failure to do a thing—
(a) when P does an act inconsistent with doing the thing, or
(b) if P does no inconsistent act, on the expiry of the period in which P
might reasonably have been expected to do the thing. 20

(1) This section applies if an employment tribunal finds that there has been a
contravention of a provision referred to in section 114(1).
(2) The tribunal may—
(a) make a declaration as to the rights of the complainant and the 25
respondent in relation to the matters to which the proceedings relate;
(b) order the respondent to pay compensation to the complainant;
(c) make an appropriate recommendation.
(3) An appropriate recommendation is a recommendation that within a specified
period the respondent takes specified steps for the purpose of obviating or 30
reducing the adverse effect of any matter to which the proceedings relate—
(a) on the complainant;
(b) on any other person.
(4) Subsection (5) applies if the tribunal—
(a) finds that a contravention is established by virtue of section 18, but 35
85
EXPLANATORY NOTES
392. In a case of indirect discrimination where the respondent proves that there was no
intention to treat the claimant unfavourably, a tribunal cannot award damages to a claimant
unless it has first considered making either a declaration or recommendation.
Background
393. This clause is designed generally to replicate the effect of provisions in current
legislation. However, under current legislation, employment tribunals can make a declaration,
order compensation to be paid and make recommendations. However, currently the
recommendations that they can make can only be for the benefit of the individual claimant(s).
The Bill will extend the recommendations power so that employment tribunals can make
recommendations which benefit persons other than the claimant.
Example
394. A tribunal could recommend that the respondent:
• introduces an equal opportunities policy;
• ensures its harassment policy is more effectively implemented;
• sets up a review panel to deal with equal opportunities and harassment/grievance

procedures;
• re-trains staff; or
• makes public the selection criteria used for transfer or promotion of staff.
Clause 119: Remedies: national security
Effect
395. This clause sets out the restrictions on the types of remedies available to an
employment tribunal in cases which have been designated as “national security proceedings”.
National security proceedings are those where an order has been made under various
provisions of the Employment Tribunals Act 1996 or regulations made under the Act.
396. In national security proceedings a recommendation must not be made for the benefit
of the respondent’s wider workforce, if the recommendation would affect anything done by the
Security Service, the Secret Intelligence Service, Government Communications Headquarters
or the part of the armed forces which assist the Government Communications Headquarters.
In such cases the tribunal is limited to making recommendations for the benefit of the
individual claimant or claimants.
Background
397. Because the Bill will extend the recommendations power to benefit persons other than
the claimant, this provision is necessary to ensure that such recommendations do not affect
national security.
E86
Equality Bill
(b) is satisfied that the provision, criterion or practice was not applied with
the intention of discriminating against the complainant.
(5) It must not make an order under subsection (2)(b) unless it first considers
whether to act under subsection (2)(a) or (c).
(6) The amount of compensation which may be awarded under subsection (2)(b) 5
corresponds to the amount which could be awarded by a county court or the
sheriff under section 113.
(7) If a respondent fails, without reasonable excuse, to comply with an appropriate
recommendation in so far as it relates to the complainant, the tribunal may—
(a) if an order was made under subsection (2)(b), increase the amount of 10
compensation to be paid;
(b) if no such order was made, make one.

(1) In national security proceedings, an appropriate recommendation (as defined
by section 118) must not be made in relation to a person other than the 15
complainant if the recommendation would affect anything done by—
(a) the Security Service,
(b) the Secret Intelligence Service,
(c) the Government Communications Headquarters, or
(d) a part of the armed forces which is, in accordance with a requirement 20
of the Secretary of State, assisting the Government Communications
Headquarters.
(2) National security proceedings are—
(a) proceedings to which a direction under section 10(3) of the
Employment Tribunals Act 1996 (national security) relates; 25
(b) proceedings to which an order under section 10(4) of that Act relates;
(c) proceedings (or the part of proceedings) to which a direction pursuant
to regulations made under section 10(5) of that Act relates;
(d) proceedings (or the part of proceedings) in relation to which an
employment tribunal acts pursuant to regulations made under section 30
10(6) of that Act.
86
EXPLANATORY NOTES
Clause 120: Remedies: occupational pension schemes
Effect
398. This clause sets out the additional remedies available to employment tribunals in cases
involving occupational pension schemes. These are cases in which the respondent is an
employer, or the trustee or manager of the pension scheme; and the complaint relates to the
terms on which membership is offered to a pension scheme or how members of an existing
scheme are treated. In these cases the tribunal can in addition to the remedies of declaration,
compensation and recommendation, also make a declaration about the terms on which a
person should be admitted as member to that scheme or a declaration about the rights of an
existing member of that scheme to not be discriminated against.
399. However, a tribunal can award compensation only for injured feelings or for failure to
comply with a recommendation; it cannot compensate the claimant for loss caused by the
unlawful discrimination.
Background
Chapter 4: Equality of terms
Effect
401. This clause sets out the types of cases relating to equality of terms which employment
tribunals have jurisdiction to hear. Tribunals may hear and decide claims (including those
referred to them by courts) involving equality in the rules of occupational pension schemes
and claims relating to an equality clause, including claims relating to pregnancy and maternity
equality.
402. A responsible person (as defined in clause 75, such as an employer, or a pension
scheme trustee or manager) can also ask a tribunal for a declaration of each party’s rights in
relation to a dispute or claim about an equality clause or rule.
403. Members of the armed forces must bring a complaint under service complaints
procedures before they can bring a claim to a tribunal.
404. This clause does not alter any jurisdiction the courts or the sheriff have in relation to
an equality clause or rule.
Background
E87 405. This clause is designed to replicate the effect of provisions in current legislation.
Equality Bill
(1) This section applies if an employment tribunal finds that there has been a
contravention of a provision referred to in section 114(1) in relation to—
(a) the terms on which persons become members of an occupational
pension scheme, or 5
(b) the terms on which members of an occupational pension scheme are
treated.
(2) In addition to anything which may be done by the tribunal under section 118
the tribunal may also by order declare—
(a) if the complaint relates to the terms on which persons become members 10
of a scheme, that the complainant has a right to be admitted to the
scheme;
(b) if the complaint relates to the terms on which members of the scheme
are treated, that the complainant has a right to membership of the
scheme without discrimination. 15
(3) The tribunal may not make an order under subsection (2)(b) of section 118
unless—
(a) the compensation is for injured feelings, or
(b) the order is made by virtue of subsection (7) of that section.
(4) An order under subsection (2)— 20
(a) may make provision as to the terms on which or the capacity in which
the claimant is to enjoy the admission or membership;
(b) may have effect in relation to a period before the order is made.
CHAPTER 4
EQUALITY OF TERMS 25
121 Jurisdiction
(1) An employment tribunal has, subject to subsection (6), jurisdiction to
determine a complaint relating to a breach of an equality clause or rule.
(2) The jurisdiction conferred by subsection (1) includes jurisdiction to determine
a complaint arising out of a breach of an equality clause or rule; and a reference 30
in this Chapter to a complaint relating to such a breach is to be read
accordingly.
(3) An employment tribunal also has jurisdiction to determine an application by a
responsible person for a declaration as to the rights of that person and a worker
in relation to a dispute about the effect of an equality clause or rule. 35
(4) An employment tribunal also has jurisdiction to determine an application by
the trustees or managers of an occupational pension scheme for a declaration
as to their rights and those of a member in relation to a dispute about the effect
of an equality rule.
(5) An employment tribunal also has jurisdiction to determine a question that— 40
(a) relates to an equality clause or rule, and
(b) is referred to the tribunal by virtue of section 122(2).
87
EXPLANATORY NOTES
Example
• An employment tribunal can hear claims brought by an employee, office holder or

member of the armed forces in relation to a breach of an equality clause and in relation
to breach of an equality rule in relation to a pension scheme.
Clause 122: References by court to tribunal, etc.
Effect
406. The Bill does not prevent the civil courts from considering a contractual claim relating
to an equality clause or rule or a non-discrimination rule. However, this clause gives a court
the power to strike out such a claim if it would be more convenient for a tribunal to deal with
it, or to refer an issue relating to such a claim to an employment tribunal.
Background
407. Employment tribunals have the specialist knowledge and procedures to handle claims
relating to equality of terms and this clause gives a court power to refer such issues to a
tribunal. This clause replaces similar provisions in current legislation.
Example
• An employer sues an employee in a civil court for breach of her employment contract.
In response, the employee counterclaims for breach of an equality clause. The court
decides to refer the counterclaim to an employment tribunal and postpones the case
until the tribunal’s decision.
Effect
408. A person, who wishes to bring a claim for breach of an equality clause or rule, or to
apply for a declaration about the effect of such a clause or rule, must normally do so within six
months of the end of the employment contract. In certain circumstances, this clause gives a
claimant more time to make a claim. This applies where the employer conceals certain
information from the claimant or where the claimant is under an incapacity (as defined in
clause 135). Members of the armed forces have an additional three months in which to bring a
claim because they must first make a complaint under the service complaint procedures.
E88
Equality Bill
(6) This section does not apply to a complaint relating to an act done when the
complainant was serving as a member of the armed forces unless—
(a) the complainant has made a service complaint about the matter, and
(b) the complaint has not been withdrawn.
(7) Subsections (2) to (5) of section 115 apply for the purposes of subsection (6) of 5
this section as they apply for the purposes of subsection (1) of that section.
(8) In proceedings before an employment tribunal on a complaint relating to a
breach of an equality rule, the employer—
(a) is to be treated as a party, and
(b) is accordingly entitled to appear and be heard. 10
(9) Nothing in this section affects such jurisdiction as the High Court, a county
court, the Court of Session or the sheriff has in relation to an equality clause or
rule.

(1) If it appears to a court in which proceedings are pending that a claim or 15
counter-claim relating to an equality clause or rule could more conveniently be
determined by an employment tribunal, the court may strike out the claim or
counter-claim.
(2) If in proceedings before a court a question arises about an equality clause or
rule, the court may (whether or not on an application by a party to the 20
proceedings)—
(a) refer the question, or direct that it be referred by a party to the
proceedings, to an employment tribunal for determination, and
(b) stay or sist the proceedings in the meantime.
123 Time limits 25

(a) a complaint relating to a breach of an equality clause or rule, or
(b) an application for a declaration referred to in section 121(3) or (4).
(2) Proceedings on the complaint or application may not be brought in an
employment tribunal after the end of the qualifying period. 30
88
EXPLANATORY NOTES
Background
409. This provision replaces similar provisions in current legislation. Time limits provide
certainty by requiring claims to be brought within specified periods and also take into account
factors which may affect a claimant’s ability to assert his or her claim.
Example
• A former member of the armed forces wishes to bring a claim about her terms of
service. She first makes a service complaint and then brings a claim for breach of an
equality clause in an employment tribunal. The claim for breach of an equality clause
must be brought in an employment tribunal within nine months after her period of
service ended.
E89
Equality Bill
(3) If the complaint or application relates to terms of work other than terms of
service in the armed forces, the qualifying period is, in a case mentioned in the
first column of the table, the period mentioned in the second column.
Case Qualifying period
A standard case The period of 6 months beginning with the last 5

day of the employment or appointment.
A stable work case (but not if The period of 6 months beginning with the day
it is also a concealment or on which the stable working relationship
incapacity case (or both)) ended.
A concealment case (but not if The period of 6 months beginning with the day 10
it is also an incapacity case) on which the worker discovered (or could with
reasonable diligence have discovered) the
qualifying fact.
An incapacity case (but not if The period of 6 months beginning with the day
it is also a concealment case) on which the worker ceased to have the 15
incapacity.
A case which is a concealment The period of 6 months beginning with the
and incapacity case. later of the days on which the period would
begin if the case were merely a concealment or
incapacity case. 20
(4) If the complaint or application relates to terms of service in the armed forces,
the qualifying period is, in a case mentioned in the first column of the table, the
period mentioned in the second column.
Case Qualifying period
A standard case The period of 9 months beginning with the last 25

day of the period of service during which the
complaint arose.
A concealment case (but not if The period of 9 months beginning with the day
it is also an incapacity case) on which the worker discovered (or could with
reasonable diligence have discovered) the 30
qualifying fact.
An incapacity case (but not if The period of 9 months beginning with the day
it is also a concealment case) on which the worker ceased to have the
incapacity.
A case which is a concealment The period of 9 months beginning with the 35
and incapacity case. later of the days on which the period would
begin if the case were merely a concealment or
incapacity case.
89
EXPLANATORY NOTES
Clause 124: Section 123: supplementary
Effect
410. Under clause 123, the time limit for bringing a claim for breach of an equality clause
is six months (nine months for members of the armed forces) from the date on which
employment ended in a standard case. Different time limits apply to non-standard cases. This
clause defines what is not a standard case.
411. In a stable work case, a series of fixed or short term contracts and breaks between
contracts is treated as a continuing single contract. In a standard case, the time limit would
start at the end of the contract of employment. In a stable work case, the time limit only begins
to run when the stable working relationship ends.
412. In a concealment case, the employer deliberately conceals relevant information from
the employee. The time limit starts to run when the employee discovers, or could reasonably
have discovered, the information.
413. In an incapacity case, the appropriate time limit will start to run when the incapacity
ends. Clause 135 sets out when a person has an incapacity.
414. The clause makes similar provisions for claims by members of the armed forces and in
relation to occupational pension schemes.
Background
415. This provision replaces similar provisions in the current legislation.
Examples
• A woman’s employment ends due to mental health problems which result in her
temporary loss of capacity to make decisions for herself. She could make a claim for
breach of an equality clause to an employment tribunal but is not well enough to do so.
The six month time limit will start when she recovers sufficiently to make a claim.
• A woman suspects that her male colleagues who do the same work are better paid. Her
employer reassures her that she and her colleagues get the same salary but he
deliberately does not tell her that the men also receive performance bonuses under
their contracts. Her male colleagues refuse to discuss their pay with her. The woman
only discovers the discrepancy between her pay and the men’s when one of the men
tells her 18 months after she ceases employment. Within six months, she makes an
equal pay claim to a tribunal based on the value of the bonus payments she would have
received if her contract had provided for them. Although the woman’s claim is made
more than six months after her employment ends, she shows that her employer
deliberately misled her into believing her salary was the same as the men’s. She had no
way of discovering the truth earlier. Her claim can proceed as a concealment case.
E90
Equality Bill
(2) A standard case is a case which is not—
(a) a stable work case,
(b) a concealment case, 5
(c) an incapacity case, or
(d) a concealment case and an incapacity case.
(3) A stable work case is a case where the proceedings relate to a period during
which there was a stable working relationship between the worker and the
responsible person (including any time after the terms of work had expired). 10
(4) A concealment case in proceedings relating to an equality clause is a case
where—
(a) the responsible person deliberately concealed a qualifying fact from the
worker, and
(b) the worker did not discover (or could not with reasonable diligence 15
have discovered) the qualifying fact until after the relevant day.
(5) A concealment case in proceedings relating to an equality rule is a case
where—
(a) the employer or the trustees or managers of the occupational pension
scheme in question deliberately concealed a qualifying fact from the 20
member, and
(b) the member did not discover (or could not with reasonable diligence
have discovered) the qualifying fact until after the relevant day.
(6) A qualifying fact for the purposes of subsection (4) or (5) is a fact—
(a) which is relevant to the complaint, and 25
(b) without knowledge of which the worker or member could not
reasonably have been expected to bring the proceedings.
(7) An incapacity case in proceedings relating to an equality clause with respect to
terms of work other than terms of service in the armed forces is a case where
the worker had an incapacity during the period of 6 months beginning with the 30
later of—
(a) the relevant day, or
(b) the day on which the worker discovered (or could with reasonable
diligence have discovered) the qualifying fact deliberately concealed
from the worker by the responsible person. 35
(8) An incapacity case in proceedings relating to an equality clause with respect to
terms of service in the armed forces is a case where the worker had an
incapacity during the period of 9 months beginning with the later of—
(a) the last day of the period of service during which the complaint arose,
or 40
(b) the day on which the worker discovered (or could with reasonable
from the worker by the responsible person.
(9) An incapacity case in proceedings relating to an equality rule is a case where
the member of the occupational pension scheme in question had an incapacity 45
during the period of 6 months beginning with the later of—
(a) the relevant day, or
90
EXPLANATORY NOTES
Clause 125: Assessment of whether work is of equal value
Effect
416. Where an employment tribunal has to decide if the work of a claimant and comparator
are of equal value, this clause gives it the power to require an independent expert, designated
by the Advisory, Conciliation and Arbitration Service to prepare a report on the matter.
417. Unless the tribunal withdraws its request for a report (in which case it can ask the
expert to give it any documents or other information the expert has to help it make a decision)
it must wait for the expert’s report before deciding whether the work is of equal value.
418. If there has been a job evaluation study in relation to the work involved and the study
finds that the claimant’s work is not of equal value to the work of the comparator, the tribunal
is required to come to the same decision unless it has a good reason to suspect that the study is
discriminatory or unreliable.
Background
419. This provision replaces similar provisions in current legislation.
Example
• A woman claims that her job is of equal value to that of a male comparator. The
employer produces a job evaluation study to the tribunal in which the woman’s job is
rated below her comparator’s job. The employer asks the tribunal to dismiss the
woman’s claim but the woman is able to show that the study is unreliable because it is
out of date and does not take account of changes in the jobs resulting from new
technology. The tribunal can disregard the study’s conclusion and can proceed to
decide if the work of the claimant and comparator are of equal value.
E91
Equality Bill
(b) the day on which the member discovered (or could with reasonable
from the member by the employer or the trustees or managers of the
scheme.
(10) The relevant day for the purposes of this section is— 5
(a) the last day of the employment or appointment, or
(b) the day on which the stable working relationship between the worker
and the responsible person ended.

(1) This section applies to proceedings before an employment tribunal on— 10
(a) a complaint relating to a breach of an equality clause or rule, or
(b) a question referred to the tribunal by virtue of section 122(2).
(2) Where a question arises in the proceedings as to whether one person’s work is
of equal value to another’s, the tribunal may, before determining the question,
require a member of the panel of independent experts to prepare a report on 15
the question.
(3) The tribunal may withdraw a requirement that it makes under subsection (2);
and, if it does so, it may—
(a) request the panel member to provide it with specified documentation;
(b) make such other requests to that member as are connected with the 20
withdrawal of the requirement.
(4) If the tribunal requires the preparation of a report under subsection (2) (and
does not withdraw the requirement), it must not determine the question unless
it has received the report.
(5) Subsection (6) applies where— 25
(a) a question arises in the proceedings as to whether the work of one
person (A) is of equal value to the work of another (B), and
(b) A’s work and B’s work have been given different values by a job
evaluation study.
(6) The tribunal must determine that A’s work is not of equal value to B’s work 30
unless it has reasonable grounds for suspecting that the evaluation contained
in the study—
(a) was based on a system that discriminates because of sex, or
(b) is otherwise unreliable.
(7) For the purposes of subsection (6)(a), a system discriminates because of sex if 35
a difference (or coincidence) between values that the system sets on different
demands is not justifiable regardless of the sex of the person on whom the
demands are made.
(8) A reference to a member of the panel of independent experts is to a person—
(a) who is for the time being designated as such by the Advisory, 40
Conciliation and Arbitration Service (ACAS) for the purposes of this
section, and
(b) who is neither a member of the Council of ACAS nor one of its officers
or members of staff.
(9) “Job evaluation study” has the meaning given in section 75(5). 45
91
EXPLANATORY NOTES
Clause 126: Remedies in non-pensions cases
Effect
420. If a claim for breach of an equality clause (other than in relation to a pension scheme)
succeeds, the court or employment tribunal can make a declaration clarifying what the rights
of the parties to the claim are.
421. The court or tribunal can also order the employer to pay the claimant arrears of pay or
damages. The period used for calculating arrears depends on the type of case. There are
different periods for claims brought in England and Wales and in Scotland. The basic period in
relation to England and Wales is six years from the date a claim is made. In relation to
Scotland, the period is five years. Special provision is made for claims involving concealment
and/or incapacity (as set out in clause 129).
Background
422. This provision replaces similar provisions in current legislation.
Example
• A woman successfully establishes that her work is the same as her male comparator’s
and that in addition to a discrepancy between her pay and that of her male colleague,
she has been denied access to the benefit of a company car. The claimant is entitled to
claim the difference in pay going back up to six years from the date of the claim. She is
also entitled to monetary compensation for not having had the use of a company car.
Clause 127: Remedies in pensions cases
Effect
423. This clause allows an employment tribunal to declare that in cases where equality rule
or equality clause has been breached in relation to:
• scheme membership, the complainant is entitled to be admitted to the scheme from a

date specified by the tribunal, although the date cannot be earlier than 8 April 1976;
• scheme rights, the complainant is entitled to have any rights which would have
accrued under the scheme secured from a date specified by the tribunal, although the
date cannot be earlier than 17 May 1990.
424. However, the clause prevents a tribunal ordering an award of compensation to the
complainant.
E92
Equality Bill
(1) This section applies to proceedings before a court or employment tribunal on
a complaint relating to a breach of an equality clause, other than a breach with
respect to membership of or rights under an occupational pension scheme.
(2) If the court or tribunal finds that there has been a breach of the equality clause, 5
it may—
(a) make a declaration as to the rights of the parties in relation to the
matters to which the proceedings relate;
(b) order an award by way of arrears of pay or damages in relation to the
complainant. 10
(3) The court or tribunal may not order a payment under subsection (2)(b) in
respect of a time before the arrears day.
(4) In relation to proceedings in England and Wales, the arrears day is, in a case
mentioned in the first column of the table, the day mentioned in the second
column. 15
Case Arrears day
A standard case The day falling 6 years before the day on

which the proceedings were instituted.
A concealment case or an The day on which the breach first
incapacity case (or a case occurred. 20
which is both).
(5) In relation to proceedings in Scotland, the arrears day is the first day of—
(a) the period of 5 years ending with the day on which the proceedings
were commenced, or
(b) if the case involves a relevant incapacity, or a relevant fraud or error, 25
the period of 20 years ending with that day.

a complaint relating to—
(a) a breach of an equality rule, or 30
(b) a breach of an equality clause with respect to membership of, or rights
under, an occupational pension scheme.
(2) If the court or tribunal finds that there has been a breach as referred to in
subsection (1)—
(a) it may make a declaration as to the rights of the parties in relation to the 35
matters to which the proceedings relate;
(b) it must not order arrears of benefits or damages or any other amount to
be paid to the complainant.
(3) Subsection (2)(b) does not apply if the proceedings are proceedings to which
section 128 applies. 40
92
EXPLANATORY NOTES
Background
425. This clause replicates requirements in the Equal Pay Act 1970, as modified by the
Occupational Pension Schemes (Equal Treatment) Regulations 1995.
426. The restrictions on dates derive from judgments of the European Court:
• for scheme membership: 8 April 1976, the date of the Court’s judgment in Defrenne v
Sabena. The Court, in holding that the principle of equal pay was directly effective,
held that Article 141 (formerly Article 119) of the Treaty of Rome should not be
applied to periods of service before the judgment.
• for scheme rights: 17 May 1990, the date of the Court’s judgment in Barber v
Guardian Royal Exchange Insurance Group, which established that occupational
pensions were equal pay for the purposes of Article 119 of the Treaty of Rome.
Clause 128: Remedies in claims for arrears brought by pensioner members
Effect
427. This clause allows a court or an employment tribunal to require compensation to be

paid to a pensioner member for a breach of an equality clause or rule in relation to an
occupational pension scheme and sets out the period for which arrears may be awarded for
different types of cases. In a standard case in England and Wales, the period is six years before
the date when a claim is made. Different periods apply to cases brought in England and Wales
and to cases brought in Scotland. Special provision is made for claims involving concealment
and/or incapacity (as set out in clause 129).
Background
428. This clause replicates requirements in the Equal Pay Act 1970, as modified by the
Occupational Pension Schemes (Equal Treatment) Regulations 1995.
E93
Equality Bill
(4) If the breach relates to a term on which persons become members of the
scheme, the court or tribunal may declare that the complainant is entitled to be
admitted to the scheme with effect from a specified date.
(5) A date specified for the purposes of subsection (4) must not be before 8 April
1976. 5
(6) If the breach relates to a term on which members of the scheme are treated, the
court or tribunal may declare that the complainant is, in respect of a specified
period, entitled to secure the rights that would have accrued if the breach had
not occurred.
(7) A period specified for the purposes of subsection (6) must not begin before 17 10
May 1990.
(8) If the court or tribunal makes a declaration under subsection (6), the employer
must provide such resources to the scheme as are necessary to secure for the
complainant (without contribution or further contribution by the complainant
or other members) the rights referred to in that subsection. 15

a complaint by a pensioner member of an occupational pension scheme
relating to a breach of an equality clause or rule with respect to a term on which
the member is treated. 20
(2) If the court or tribunal finds that there has been a breach referred to in
subsection (1), it may—
(a) make a declaration as to the rights of the complainant and the
respondent in relation to the matters to which the proceedings relate;
(b) order an award by way of arrears of benefits or damages or of any other 25
amount in relation to the complainant.
(3) The court or tribunal must not order an award under subsection (2)(b) in
respect of a time before the arrears day.
(4) If the court or tribunal orders an award under subsection (2)(b), the employer
must provide such resources to the scheme as are necessary to secure for the 30
complainant (without contribution or further contribution by the complainant
or other members) the amount of the award.
(5) In relation to proceedings in England and Wales, the arrears day is, in a case
mentioned in the first column of the table, the day mentioned in the second
column. 35
Case Arrears day
A standard case The day falling 6 years before the day on

which the proceedings were commenced.
A concealment case or an The day on which the breach first
incapacity case (or a case occurred. 40
which is both).
(6) In relation to proceedings in Scotland, the arrears day is the first day of—
93
EXPLANATORY NOTES
Clause 129: Supplementary
Effect
429. The amount an employment tribunal can award a successful claimant is affected by
how far back in time it can go in making its calculation. The type of case before the tribunal
determines this period. This clause defines the different types of cases.
Background
430. This clause replicates the effect of similar provisions in current legislation.
E94
Equality Bill
(a) the period of 5 years ending with the day on which the proceedings
were commenced, or
(b) if the case involves a relevant incapacity, or a relevant fraud or error,
the period of 20 years ending with that day.
129 Supplementary 5
(1) This section applies for the purposes of sections 126 to 128.
(2) A standard case is a case which is not—
(a) a concealment case,
(b) an incapacity case, or
(c) a concealment case and an incapacity case. 10
(3) A concealment case in relation to an equality clause is a case where—
(a) the responsible person deliberately concealed a qualifying fact (as
defined by section 124) from the worker, and
(b) the worker commenced the proceedings before the end of the period of
6 years beginning with the day on which the worker discovered (or 15
could with reasonable diligence have discovered) the qualifying fact.
(4) A concealment case in relation to an equality rule is a case where—
(a) the employer or the trustees or managers of the occupational pension
scheme in question deliberately concealed a qualifying fact (as defined
by section 124) from the member, and 20
(b) the member commenced the proceedings before the end of the period
of 6 years beginning with the day on which the member discovered (or
could with reasonable diligence have discovered) the qualifying fact.
(5) An incapacity case is a case where the worker or member—
(a) had an incapacity when the breach first occurred, and 25
(b) commenced the proceedings before the end of the period of 6 years
beginning with the day on which the worker or member ceased to have
the incapacity.
(6) A case involves a relevant incapacity or a relevant fraud or error if the period
of 5 years referred to in section 126(5)(a) is, as a result of subsection (7) below, 30
reckoned as a period of more than 20 years.
(7) For the purposes of the reckoning referred to in subsection (6), no account is to
be taken of time when the worker or member—
(a) had an incapacity, or
(b) was induced by a relevant fraud or error to refrain from commencing 35
proceedings (not being a time after the worker or member could with
reasonable diligence have discovered the fraud or error).
(8) For the purposes of subsection (7)—
(a) a fraud is relevant in relation to an equality clause if it is a fraud on the
part of the responsible person; 40
(b) an error is relevant in relation to an equality clause if it is induced by
the words or conduct of the responsible person;
(c) a fraud is relevant in relation to an equality rule if it is a fraud on the
part of the employer or the trustees or managers of the scheme;
94
EXPLANATORY NOTES
Chapter 5: Miscellaneous
Clause 130: Burden of proof
Effect
431. This clause provides that, in any claim where a person alleges discrimination,
harassment or victimisation under the Bill, the burden of proving their case starts with the
claimant. Once the claimant has established sufficient facts to point to a breach having
occurred, in the absence of any other explanation, the burden shifts onto the respondent to
show that he or she did not breach the provisions of the Bill. The exception to this rule is if the
proceedings relate to a criminal offence.
Background
432. Under current legislation, in most cases the burden of proof is reversed once the
claimant has established a case to an initial level. However, the burden of proof is currently not
reversed in race discrimination claims brought on grounds of colour and nationality; claims of
victimisation which relate to race discrimination; non-work disability discrimination claims;
and sex discrimination claims which relate to the exercise of public functions. In these areas
the burden of proof will now be reversed once the claimant establishes his or her case to an
initial level.
Example
• A man of Chinese ethnic origin applies for a promotion at work but is not given an
interview for the job. He finds that a number of white colleagues were given
interviews despite having less experience and fewer qualifications. He brings a case
for race discrimination before the employment tribunal and provides sufficient
evidence to show that he had been treated less favourably because of his ethnic origin.
It would then be up to his employer to prove that she had not discriminated against him
in the promotion process.
E95
Equality Bill
(d) an error is relevant in relation to an equality rule if it is induced by the
words or conduct of the employer or the trustees or managers of the
scheme.
(9) A reference in subsection (8) to the responsible person, the employer or the
trustees or managers includes a reference to a person acting on behalf of the 5
person or persons concerned.
(10) In relation to terms of service, a reference in section 126(5) or subsection (3) or
(5)(b) of this section to commencing proceedings is a reference to making a
service complaint.
(11) A reference to a pensioner member of a scheme includes a reference to a person 10
who is entitled to the present payment of pension or other benefits derived
through a member.
(12) In relation to proceedings before a court—
(a) a reference to a complaint is to be read as a reference to a claim, and
(b) a reference to a complainant is to be read as a reference to a claimant. 15
CHAPTER 5
MISCELLANEOUS
130 Burden of proof

(1) This section applies to any proceedings relating to a contravention of this Act.
(2) If there are facts from which the court could decide, in the absence of any other 20
explanation, that a person (A) contravened the provision concerned, the court
must hold that the contravention occurred.
(3) But subsection (2) does not apply if A shows that A did not contravene the
provision.
(4) The reference to a contravention of this Act includes a reference to a breach of 25
(5) This section does not apply to proceedings for an offence.
(6) A reference to the court includes a reference to—
(a) an employment tribunal;
(b) the Asylum and Immigration Tribunal; 30
(c) the Special Immigration Appeals Commission;
(d) the First-tier Tribunal;
(e) the Special Educational Needs Tribunal for Wales;
(f) an Additional Support Needs Tribunal for Scotland.
95
EXPLANATORY NOTES
Clause 131: Previous findings
Effect
433. This clause provides, that if a person has brought a case under any of the current
legislation which this Bill will replace which is listed in this clause, and a finding by a tribunal
or court has been finalised, the issues decided in that case cannot be re-opened and litigated
again under the provisions in this Bill.
Background
434. This provision is necessary because the Bill is re-enacting many of the provisions in
the legislation listed at subsection (2). This re-enactment should not provide a way to re-open
issues before the courts which have been decided in proceedings under the existing legislation.
Clause 132: Obtaining information etc.
Effect
435. This clause provides a mechanism for a person who thinks that he or she may have
been unlawfully discriminated against, harassed or victimised to obtain information from the
person they think has acted unlawfully against them (that is to say, the potential respondent or
defendant). The person may ask questions either on a form prescribed by order by a Minister
of the Crown or in some other form.
436. The questions and the answers are admissible as evidence in a case brought under the
Bill and the court or tribunal may draw inferences from a failure by the respondent to answer
the questions posed within eight weeks or from evasive or equivocal answers.
437. However the court or tribunal cannot draw such adverse inferences in certain specified
circumstances. These are if the respondent says that to answer differently would have
prejudiced criminal proceedings or revealed the reason for criminal proceedings being
withdrawn or not being brought and this is reasonable. The clause contains a power for a
Minister of the Crown to specify by order additional circumstances where the adverse
inferences would not apply.
Background
E96
Equality Bill
Chapter 5 — Miscellaneous
(1) A finding in relevant proceedings in respect of an act which has become final
is to be treated as conclusive in proceedings under this Act.
(2) Relevant proceedings are proceedings before a court or employment tribunal
under any of the following— 5
(a) section 19 or 20 of the Race Relations Act 1968;
(b) the Equal Pay Act 1970;
(c) the Sex Discrimination Act 1975;
(d) the Race Relations Act 1976;
(e) section 6(4A) of the Sex Discrimination Act 1986; 10
(f) the Disability Discrimination Act 1995;
(g) Part 2 of the Equality Act 2006;
(h) the Employment Equality (Religion and Belief) Regulations 2003 (S.I.
2003/1660);
(i) the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 15
2003/1661);
(j) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);
(k) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).
(3) A finding becomes final—
(a) when an appeal against the finding is dismissed, withdrawn or 20
abandoned, or
(b) when the time for appealing expires without an appeal having been
brought.

(a) P is a person who thinks that a contravention of this Act has occurred
in relation to P;
(b) R is a person who P thinks has contravened this Act.
(2) A Minister of the Crown must by order prescribe—
(a) forms by which P may question R on any matter which is or may be 30
relevant;
(b) forms by which R may answer questions by P.
(3) A question by P or an answer by R is admissible as evidence in proceedings
under this Act (whether or not the question or answer is contained in a
prescribed form). 35
(4) A court or tribunal may draw an inference from—
(a) a failure by R to answer a question by P before the end of the period of
8 weeks beginning with the day on which the question is served;
(b) an evasive or equivocal answer.
(5) Subsection (4) does not apply if— 40
(a) R reasonably asserts that to have answered differently or at all might
have prejudiced a criminal matter;
(b) R reasonably asserts that to have answered differently or at all would
have revealed the reason for not commencing or not continuing
criminal proceedings; 45
96
EXPLANATORY NOTES
Clause 133: Interest
Effect
439. This clause enables a Minister of the Crown to make regulations enabling an
employment tribunal to add interest payments to any award of compensation made to a
claimant as a result of a discrimination case brought under this Bill. The regulations can set
out how the tribunal should calculate how much interest should be paid.
440. The regulations may provide that interest is to be calculated in a different way in
discrimination proceedings from how it is in other cases before the employment tribunals, so
they can modify the effect of an order made under the Employment Tribunals Act 1996 about
interest calculations which applies to employment cases more generally.
Background
441. This replicates powers contained in current legislation.
Example
• A claimant is awarded compensation for being discriminated against by his employer.

Regulations made under this clause may provide that if the award is not settled by the
respondent within 14 days of the employment tribunal’s decision then interest is to
accrue on this award. The current regulations specify that the rate of interest applied to
unpaid awards is fixed at 8%. A different rate can be applied if this is provided in
regulations.
E97
Equality Bill
(c) R’s answer is of a kind specified for the purposes of this paragraph by
order of a Minister of the Crown;
(d) R’s answer is given in circumstances specified for the purposes of this
paragraph by order of a Minister of the Crown;
(e) R’s failure to answer occurs in circumstances specified for the purposes 5
of this paragraph by order of a Minister of the Crown.
(6) The reference to a contravention of this Act includes a reference to a breach of
(7) A Minister of the Crown may by order—
(a) prescribe the period within which a question must be served to be 10
admissible under subsection (3);
(b) prescribe the manner in which a question by P, or an answer by R, may
be served.
(8) This section—
(a) does not affect any other enactment or rule of law relating to interim or 15
preliminary matters in proceedings before a county court, sheriff or
employment tribunal, and
(b) has effect subject to any enactment or rule of law regulating the
admissibility of evidence in such proceedings.
133 Interest 20
(1) A Minister of the Crown may by regulations make provision—
(a) for enabling an employment tribunal to include interest on an amount
awarded by it in proceedings under this Act;
(b) specifying the manner in which, and the periods and rate by reference
to which, the interest is to be determined. 25
(2) A Minister of the Crown may by regulations modify the operation of an order
made under section 14 of the Employment Tribunals Act 1996 (power to make
provision as to interest on awards) in so far as it relates to an award in
proceedings under this Act.
97
EXPLANATORY NOTES
Clause 134: Conduct giving rise to separate proceedings
Effect
442. This clause enables an employment tribunal to transfer a case to a county or sheriff
court, or a court to transfer a case to an employment tribunal, if it is based on the same conduct
as one or more separate cases and one of the claims relates to instructing, causing or inducing
a person to discriminate against, harass or victimise another person. It also provides that an
employment tribunal or court cannot make a decision about such a case which is inconsistent
with an earlier decision about the same conduct.
Background
443. This is a new provision which will allow for the transfer of certain types of connected
cases between the tribunals and courts.
Example
• An employer instructs an employee to discriminate against a customer. The customer

brings a case against the employer or an employee in a county court. The employee
brings a case against the employer in an employment tribunal. These claims both arise
out of the same conduct and so the court and the tribunal can transfer one set of
proceedings so that they can be dealt with together as this is a better way of managing
the cases.
Clause 135: Interpretation, etc.
Effect
444. This clause explains the meaning of various terms used in this Part.
Part 10: Contracts, ETc.
E98
Equality Bill
(1) This section applies in relation to conduct which has given rise to two or more
separate proceedings under this Act, with at least one being for a contravention
of section 105.
(2) A court may transfer proceedings to an employment tribunal. 5
(3) An employment tribunal may transfer proceedings to a court.
(4) A court or employment tribunal is to be taken for the purposes of this Part to
have jurisdiction to determine a claim or complaint transferred to it under this
section; accordingly—
(a) a reference to a claim within section 108(1) includes a reference to a 10
claim transferred to a court under this section;
(b) a reference to a complaint within section 114(1) includes a reference to
a complaint transferred to an employment tribunal under this section.
(5) A court or employment tribunal may not make a decision that is inconsistent
with an earlier decision in proceedings arising out of the conduct. 15
(6) “Court” means—
(a) in relation to proceedings in England and Wales, a county court;
(b) in relation to proceedings in Scotland, the sheriff.

(1) This section applies for the purposes of this Part. 20
(2) A reference to the responsible person, in relation to an equality clause or rule,
is to be construed in accordance with Chapter 3 of Part 5.
(3) A reference to a worker is a reference to the person to the terms of whose work
the proceedings in question relate; and, for the purposes of proceedings
relating to an equality rule or a non-discrimination rule, a reference to a worker 25
includes a reference to a member of the occupational pension scheme in
question.
(4) A reference to the terms of a person’s work is to be construed in accordance
with Chapter 3 of Part 5.
(5) A reference to a member of an occupational pension scheme includes a 30
reference to a prospective member.
(6) In relation to proceedings in England and Wales, a person has an incapacity if
the person—
(a) has not attained the age of 18, or
(b) lacks capacity (within the meaning of the Mental Capacity Act 2005). 35
98
EXPLANATORY NOTES
Clause 136: Unenforceable terms
Effect
445. This clause makes terms of contracts which discriminate against a person or would
otherwise lead to conduct prohibited by the Bill unenforceable in that respect. But a person
who would have been disadvantaged by any such term will still be able to rely on it so as to
obtain any benefit to which it entitles him.
446. For disability alone, this clause also applies to terms of non-contractual agreements
relating to the provision of employment services (within clause 53(2)(a) to (e))] or group
insurance arrangements for employees. These terms are referred to in the clause as “relevant
non-contractual terms”.
447. This clause does not apply to a term of contract modified by an equality clause under
Part 5, Chapter 3, because once the term is modified it is no longer discriminatory. Nor, as a
result of clause 142, does it deal with contractual terms which may breach the public sector
equality duty (Part 11) or the public sector duty regarding socio-economic inequalities (Part
1), to which different enforcement mechanisms apply.
448. Background
448. The clause replaces provisions in current legislation which have a similar effect, and
maintains the specific protection for certain non-contractual provisions currently given in the
Disability Discrimination Act 1995.
449. Example
• A term in a franchise agreement which included a requirement that the franchisee

should only employ Asian people could not be enforced by the franchisor unless he
could objectively justify it (unless an exception applies). But the franchisee could still
E99 obtain any benefit he is due under the term, for example he could continue operating
Equality Bill
(7) In relation to proceedings in Scotland, a person has an incapacity if the
person—
(a) has not attained the age of 16, or
(b) is incapable (within the meaning of the Adults with Incapacity
(Scotland) Act 2000). 5
(8) “Service complaint” means a complaint under section 334 of the Armed Forces
Act 2006; and “service complaint procedures” means the procedures
prescribed by regulations under that section (except in so far as relating to
references under section 337 of that Act)
(9) “Criminal matter” means— 10
(a) an investigation into the commission of an alleged offence;
(b) a decision whether to commence criminal proceedings;
(c) criminal proceedings.
PART 10
CONTRACTS, ETC. 15

(1) A term of a contract is unenforceable against a person in so far as it constitutes,
promotes or provides for treatment of that or another person that is of a
description prohibited by this Act. 20
(2) A relevant non-contractual term is unenforceable against a person in so far as
it constitutes, promotes or provides for treatment of that or another person that
is of a description prohibited by this Act, in so far as this Act relates to
disability.
(3) A relevant non-contractual term is a term which— 25
(a) is a term of an agreement that is not a contract, and
(b) relates to the provision of an employment service within section
53(2)(a) to (e) or to the provision under a group insurance arrangement
of facilities by way of insurance.
(4) A reference in subsection (1) or (2) to treatment of a description prohibited by 30
this Act does not include—
(a) a reference to the inclusion of a term in a contract referred to in section
65(2)(a) or 71(2), or
(b) a reference to the failure to include a term in a contract as referred to in
section 65(2)(b). 35
(5) Subsection (4) does not affect the application of section 142(2) to this section.
99
EXPLANATORY NOTES
the franchise. However, if the franchisee complied with the discriminatory term, a
person discriminated against under it could make a claim against the franchisee for
unlawful discrimination under other provisions in the Bill.
Clause 137: Removal or modification of unenforceable terms
Effect
449. This clause allows a county court (or a sheriff court in Scotland) to modify or remove
a contractual (or relevant non-contractual) term which is made unenforceable under clause
136, when asked to do so by a person who has an interest in the contract (which includes
anyone affected by it). The court may also decide that the term is to be treated as having been
removed or modified during the period prior to the making of the order.
450. The court must first ensure that anyone who would be affected has been told of the
proceedings and given an opportunity to make their views known. Rules of court determine
what the court must do to meet this obligation.
Background
Example
• A person renting an office in a serviced office block could ask for a term in the rental
contract to be amended if the term discriminated indirectly, for example by including
an unjustified requirement that people entering the premises remove any facial
covering (thus discriminating against Muslim women). The term could be adjusted by
the court or sheriff to allow special arrangements to be made to satisfy both genuine
security needs of other users and the religious needs of Muslim women visiting the
claimant.
Clause 138: Contracting out
Effect
452. Under this clause, contractual and relevant non-contractual terms which try to exclude
or limit the operation of any provision in the Bill (which includes those dealing with equality
of terms) are unenforceable by the person in whose favour the term operates. There are
exceptions to this to allow negotiated settlement of claims in the following circumstances:
• a contract settling a claim in an employment tribunal (including an agreement settling

a claim for a breach of an equality clause) that has been negotiated with the help of a
conciliation officer or which meets the standards set out in clause 141 (meaning of
qualifying contracts). This includes an arbitration agreement made in accordance with
a scheme under section 212A of the Trade Union and Labour Relations
(Consolidation) Act 1992 (where the parties agree to submit a dispute to arbitration).
• a contract settling a county or sheriff court claim;

E100
Equality Bill
Part 10 — Contracts, etc.

(1) A county court or the sheriff may, on an application by a person who has an
interest in a contract, or other agreement, which includes a term that is
unenforceable as a result of section 136, make an order for the term to be
removed or modified. 5
(2) An order under this section must not be made unless every person who would
be affected by it—
(a) has been given notice of the application (except where notice is
dispensed with in accordance with rules of court), and
(b) has been afforded an opportunity to make representations to the 10
county court or sheriff.
(3) An order under this section may include provision in respect of a period before
the making of the order.
138 Contracting out

(1) A term of a contract is unenforceable by a person in whose favour it would 15
operate in so far as it purports to exclude or limit a provision of this Act.
(2) A relevant non-contractual term (as defined by section 136) is unenforceable by
a person in whose favour it would operate in so far as it purports to exclude or
limit a provision of this Act, in so far as the provision relates to disability.
(3) This section does not apply to a contract which settles a claim within section 20
108.
(4) This section does not apply to a contract which settles a complaint within
section 114 if the contract—
(a) is made with the assistance of a conciliation officer, or
(b) is a qualifying compromise contract. 25
100
EXPLANATORY NOTES
Background
Examples
• A woman who thinks she may have a claim for unlawful discrimination upon being
made redundant may give up any right to pursue the claim under the Act in return for
payment. She will not then be able to ask a court to modify or remove that term so as
to pursue the claim at a later date.
• However, if the agreement was not reached with the assistance of a conciliation officer
or was not a qualifying compromise agreement, it would be unenforceable (and thus
would not prevent the claimant pursuing the claim before an employment tribunal).
Clause 139: Void and unenforceable terms
Effect
454. This clause deals with collective agreements (which are defined in the Trade Union
and Labour Relations (Consolidation) Act 1992).
455. It also deals with rules of undertakings of employers, trade organisations and
qualifications bodies (which are defined in Part 5).
456. Any term of a collective agreement is rendered void to the extent that it discriminates
against a person or would otherwise lead to conduct prohibited by the Bill. Terms of collective
agreements are made void rather than unenforceable because making them unenforceable
would be of no help to those affected, since they are unenforceable in any case unless
incorporated into a contract. The term is therefore made of no effect at all, leaving the
interested parties to renegotiate.
457. A rule of an undertaking which discriminates against a person or would otherwise lead
to conduct prohibited by the Bill is made unenforceable. A rule of an undertaking is defined in
clause 142 as a rule made by a qualifications body or trade organisation in relation to
membership or conferral of a qualification, or a rule made by an employer for application to
employees and prospective employees.
Background
Example
• A collective agreement which required jobs in a particular part of a factory to be given

only to men would be void, so a woman who applied could not be refused on those
grounds.
• An indirectly discriminatory rule of a qualifications body (providing for example a

professional qualification for plumbers) which required that applicants must have two
years’ previous experience with a British firm would be unenforceable against a
person who had the equivalent experience with a foreign firm. It would still be
enforceable against a person who did not have the required experience at all (provided
E101 it was justified).
Equality Bill
(5) A contract within subsection (4) includes a contract which settles a complaint
relating to a breach of an equality clause or rule or of a non-discrimination rule.
(6) A contract within subsection (4) includes an agreement by the parties to a
dispute to submit the dispute to arbitration if—
(a) the dispute is covered by a scheme having effect by virtue of an order 5
under section 212A of the Trade Union and Labour Relations
(Consolidation) Act 1992, and
(b) the agreement is to submit the dispute to arbitration in accordance with
the scheme.
Collective agreements and rules of undertakings 10

(1) A term of a collective agreement is void in so far as it constitutes, promotes or
provides for treatment of a description prohibited by this Act.
(2) A rule of an undertaking is unenforceable against a person in so far as it
constitutes, promotes or provides for treatment of the person that is of a 15
description prohibited by this Act.
101
EXPLANATORY NOTES
Clause 140: Declaration in respect of void term, etc.
Effect
459. This clause enables an employment tribunal to declare a term of collective agreement
void, or a rule of an undertaking unenforceable, as set out in clause 139, when a person thinks
that it might in the future have the effect of discriminating against him or her. Because
collective agreements apply to many people in many (possibly varying) situations, it is not
appropriate for a tribunal to modify them and so they are made void, rather than subject to
modification or amendment, and the parties are left to renegotiate, bearing all those potentially
affected in mind.
460. The clause sets out who can make a complaint in each instance. Terms of
discriminatory collective agreements can be challenged by employees or prospective
employees. Rules of undertakings of employers can be challenged by employees or
prospective employees; those of trade organisations by members or prospective members; and
those of qualifications bodies by persons seeking or holding relevant qualifications (clause
51).
Background
462. Examples
• A person who is studying for an engineering qualification who is told he will only be
eligible for it if he passes a test of his ability to write English can ask a tribunal to
declare that the rule requiring the test is indirectly discriminatory and therefore, if
unjustified, unenforceable.
E102
Equality Bill

(1) A qualifying person (P) may make a complaint to an employment tribunal that
a term is void, or a rule is unenforceable, as a result of section 139.
(2) But subsection (1) applies only if—
(a) the term or rule may in the future have effect in relation to P, and 5
(b) where the complaint alleges that the term or rule provides for treatment
of a description prohibited by this Act, P may in the future be subjected
to treatment that would (if P were subjected to it in present
circumstances) be of that description.
(3) If the tribunal finds that the complaint is well-founded, it must make an order 10
declaring that the term is void or the rule is unenforceable.
(4) An order under this section may include provision in respect of a period before
the making of the order.
(5) In the case of a complaint about a term of a collective agreement, where the
term is one made by or on behalf of a person of a description specified in the 15
first column of the table, a qualifying person is a person of a description
specified in the second column.
Description of person who Qualifying person

made collective agreement
Employer A person who is, or is seeking to be, 20

an employee of that employer
Organisation of employers A person who is, or is seeking to be,
an employee of an employer who is a
member of that organisation
Association of organisations A person who is, or is seeking to be, 25
of employers an employee of an employer who is a
member of an organisation in that
association
(6) In the case of a complaint about a rule of an undertaking, where the rule is one
made by or on behalf of a person of a description specified in the first column 30
of the table, a qualifying person is a person of a description specified in the
second column.

made rule of undertaking
Employer A person who is, or is seeking to be, 35

an employee of that employer
Trade organisation or A person who is, or is seeking to be, a
qualifications body member of the organisation or body
A person on whom the body has
conferred a relevant qualification 40
102
EXPLANATORY NOTES
Clause 141: Meaning of “qualifying compromise contract”
Effect
461. This clause sets the conditions under which a compromise contract settling a case can
be lawful, even though it seeks to limit the application of the Bill under clause 138.
462. It must be a written contract which meets each of the following conditions (and says
that it does). The conditions are that the complainant in the case has received independent
advice from a named person who is insured or indemnified against the risk of a claim against
him arising from that advice.
463. The clause describes who can be an independent adviser and includes a power to add
new descriptions of people who may be independent advisers in the future. It makes clear that
a conflict of interest prevents a person being an independent adviser and defines what a
conflict of interest is.
Background
464. The clause replaces provisions in current legislation which have the same purpose.
The power to add to the kinds of person who may be independent advisers could be used to
add, for example, Fellows of the Institute of Legal Executives employed by a solicitors’
practice.
465. Examples
• An employee who settled a claim at employment tribunal on the advice of a lawyer

who works for the employer he was seeking to sue would still be able to pursue the
claim (assuming a conciliation officer was not involved in the settlement). The
settlement agreement would be unenforceable because the lawyer had a conflict of
interest and therefore the agreement would not be a qualifying compromise contract.
• Relying on advice from an advice agency which is not insured against being sued as a
result of giving bad advice would be risky for both claimant and adviser. Because of
this, a settlement contract agreed on the advice of such an agency would not be a
qualifying compromise contract so any term in it limiting the person’s rights under the
Bill would be unenforceable.
E103
Equality Bill

made rule of undertaking
A person seeking conferment by the

body of a relevant qualification
Supplementary 5

(2) A qualifying compromise contract is a contract in relation to which each of the
conditions in subsection (3) is met.
(3) Those conditions are that— 10
(a) the contract is in writing;
(b) the complainant has, before entering into the contract, received advice
from an independent adviser about its terms and effect (including, in
particular, its effect on the complainant’s ability to pursue the
complaint before an employment tribunal); 15
(c) on the date of the giving of the advice, there is in force a contract of
insurance, or an indemnity provided for members of a profession or
professional body, covering the risk of a claim by the complainant in
respect of loss arising from the advice;
(d) the contract identifies the adviser; 20
(e) the contract states that the conditions in paragraphs (b) and (c) are met.
(4) Each of the following is an independent adviser—
(a) a qualified lawyer;
(b) an officer, official, employee or member of an independent trade union
certified in writing by the trade union as competent to give advice and 25
as authorised to do so on its behalf;
(c) a worker at an advice centre (whether as an employee or a volunteer)
certified in writing by the centre as competent to give advice and as
authorised to do so on its behalf;
(d) a person of such description as may be specified by order. 30
(5) Despite subsection (4), none of the following is an independent adviser in
relation to a qualifying compromise contract—
(a) a person who is a party to the contract or the complaint;
(b) a person who is connected to a person within paragraph (a);
(c) a person who is employed by a person within paragraph (a) or (b); 35
(d) a person who is acting for a person within paragraph (a) or (b) in
relation to the contract or the complaint;
(e) a person within subsection (4)(b) or (c), if the trade union or advice
centre is a person within paragraph (a) or (b);
(f) a person within subsection (4)(c) to whom the complainant makes a 40
payment for the advice.
(6) A “qualified lawyer”, for the purposes of subsection (4)(a), is—
(a) in relation to England and Wales, a person who, for the purposes of the
Legal Services Act 2007, is an authorised person in relation to an
103
EXPLANATORY NOTES
Effect
465. This clause explains what is meant by various terms used in this Part of the Bill, or
applies definitions provided elsewhere. These are referred to in the notes on earlier clauses.
Part 11: Advancement of Equality
E104
Equality Bill
activity which constitutes the exercise of a right of audience or the

conduct of litigation;
(b) in relation to Scotland, an advocate (whether in practice as such or
employed to give legal advice) or a solicitor who holds a practising
certificate. 5
(7) “Independent trade union” has the meaning given in section 5 of the Trade
Union and Labour Relations (Consolidation) Act 1992.
(8) Two persons are connected for the purposes of subsection (5) if—
(a) one is a company of which the other (directly or indirectly) has control,
or 10
(b) both are companies of which a third person (directly or indirectly) has
control.
(9) Two persons are also connected for the purposes of subsection (5) in so far as a
connection between them gives rise to a conflict of interest in relation to the
contract or the complaint. 15
(10) In relation to a qualifying compromise contract—
(a) a reference to a complaint is a reference to the complaint settled by the
contract;
(b) a reference to a complainant is a reference to the person whose
complaint is settled by the contract. 20
142 Interpretation
(2) A reference to treatment of a description prohibited by this Act does not
include treatment in so far as it is treatment that would contravene—
(a) Part 1 (public sector duty regarding socio-economic inequalities), or 25
(b) Chapter 1 of Part 11 (public sector equality duty).
(3) “Group insurance arrangement” means an arrangement between an employer
and another person for the provision by that other person of facilities by way
of insurance to the employer’s employees (or a class of those employees).
(4) “Collective agreement” has the meaning given in section 178 of the Trade 30
Union and Labour Relations (Consolidation) Act 1992.
(5) A rule of an undertaking is a rule within subsection (6) or (7).
(6) A rule within this subsection is a rule made by a trade organisation or a
qualifications body for application to—
(a) its members or prospective members, 35
(b) persons on whom it has conferred a relevant qualification, or
(c) persons seeking conferment by it of a relevant qualification.
(7) A rule within this subsection is a rule made by an employer for application to—
(a) employees,
(b) persons who apply for employment, or 40
(c) persons the employer considers for employment.
(8) “Trade organisation”, “qualifications body” and “relevant qualification” each
have the meaning given in Part 5 (work).
104
EXPLANATORY NOTES
Chapter 1: Public sector equality duty
Clause 143: Public sector equality duty
Effect
466. This clause imposes a duty, known as the public sector equality duty, on the public
authorities listed in Schedule 19 to have due regard to three specified matters when exercising
their functions. The three matters are:
a) eliminating conduct that is prohibited by the Bill, including breaches of

non-discrimination rules in occupational pension schemes and equality
clauses or rules which are read, respectively into a person’s terms of
work and into occupational pension schemes;
b) advancing equality of opportunity between people who share a
protected characteristic and people who do not share it; and
c) fostering good relations between people who share a protected
characteristic and people who do not share it.
467. The second and third matters apply to the protected characteristics of age, disability,
gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual
orientation. They do not apply to the protected characteristic of marriage and civil partnership.
468. Subsections (3) and (4) expand on what it means to have due regard to the need to
advance equality of opportunity and foster good relations.
469. As well as the public authorities listed in Schedule 19, the clause also imposes the
public sector equality duty on others that exercise public functions, but only in respect of their
public functions. Clause 144 explains what is meant by “public function”.
470. The clause makes clear that complying with the duty might mean treating some people
more favourably than others, where doing so is allowed by the Bill. This includes treating
disabled people more favourably than non-disabled people and making reasonable
adjustments for them, making use of exceptions which permit different treatment, and using
the positive action provisions in Chapter 2 of this part where they are available.
471. Schedule 18 sets out persons and functions to which the equality duty does not apply.
Background
472. This clause replaces section 71 of the Race Relations Act 1976, section 49A of the
Disability Discrimination Act 1995 and section 76A of the Sex Discrimination Act 1975.
These provisions impose similar public sector equality duties in relation to race, disability and
gender (including pregnancy and maternity as an implicit part of gender, and partly covering
gender reassignment) respectively. There are no equivalent public sector equality duties for
E105 age, religion or belief or sexual orientation in current legislation. The clause extends the new
Equality Bill
Part 11 — Advancement of equality
Chapter 1 — Public sector equality duty
PART 11
CHAPTER 1
143 Public sector equality duty 5

(1) A public authority must, in the exercise of its functions, have due regard to the
need to—
(a) eliminate discrimination, harassment, victimisation and any other
conduct that is prohibited by or under this Act;
(b) advance equality of opportunity between persons who share a relevant 10
protected characteristic and persons who do not share it;
(c) foster good relations between persons who share a relevant protected
characteristic and persons who do not share it.
(2) A person who is not a public authority but who exercises public functions
must, in the exercise of those functions, have due regard to the matters 15
mentioned in subsection (1).
(3) Having due regard to the need to advance equality of opportunity between
persons who share a relevant protected characteristic and persons who do not
share it involves having due regard, in particular, to the need to—
(a) remove or minimise disadvantages suffered by persons who share a 20
relevant protected characteristic that are connected to that
characteristic;
(b) meet the needs of persons who share a relevant protected characteristic
that are different from the needs of persons who do not share it;
(c) encourage persons who share a relevant protected characteristic to 25
participate in public life or in any other activity in which participation
by such persons is disproportionately low.
(4) Having due regard to the need to foster good relations between persons who
share a relevant protected characteristic and persons who do not share it
involves having due regard, in particular, to the need to— 30
(a) tackle prejudice, and
(b) promote understanding.
(5) Compliance with the duties in this section may involve treating some persons
more favourably than others; but that is not to be taken as permitting conduct
that would otherwise be prohibited by or under this Act. 35
(6) The relevant protected characteristics are—
age;
disability;
pregnancy and maternity; 40
race;
religion or belief;
sex;
sexual orientation.
105
EXPLANATORY NOTES
public sector equality duty to cover gender reassignment in full, age, religion or belief and
sexual orientation.
Examples
• The duty could lead a police authority to review its recruitment procedures to ensure
they did not unintentionally deter applicants from ethnic minorities, with the aim of
eliminating unlawful discrimination.
• The duty could lead a local authority to target training and mentoring schemes at
disabled people to enable them to stand as local councillors, with the aim of advancing
equality of opportunity for different groups of people who have the same disability,
and in particular encouraging their participation in public life.
• The duty could lead a local authority to provide funding for a black women’s refuge
for victims of domestic violence, with the aim of advancing equality of opportunity for
women, and in particular meeting the different needs of women from different racial
groups.
• The duty could lead a large government department, in its capacity as an employer, to
provide staff with education and guidance, with the aim of fostering good relations
between its transsexual staff and its non-transsexual staff.
• The duty could lead a local authority to review its use of internet-only access to
council services; or focus “Introduction to Information Technology” adult learning
courses on older people, with the aim of advancing equality of opportunity, in
particular meeting different needs, for older people.
• The duty could lead a school to review its anti-bullying strategy to ensure that it
addresses the issue of homophobic bullying, with the aim of fostering good relations,
and in particular tackling prejudice against gay and lesbian people.
• The duty could lead a local authority to introduce measures to facilitate understanding
and conciliation between Sunni and Shi’a Muslims living in a particular area, with the
aim of fostering good relations between people of different religious beliefs.
Clause 144: Public authorities and public functions
Effect
473. This clause supplements clause 143. It introduces the Schedule that lists the public
authorities that are subject to the public sector equality duty and provides for them to be
subject to this duty in respect of all of their functions unless such an authority is listed only in
respect of some of its functions, in which case the duty only applies to those specified
functions.
474. “Public function” is given the same meaning as it has in the Human Rights Act 1998.
This term is used in subsection (2) of clause 143, which extends the public sector equality duty
to persons not listed in the Schedule but who exercise public functions.
E106
Equality Bill
(7) A reference to conduct that is prohibited by or under this Act includes a
reference to—
(a) a breach of a non-discrimination rule;
(b) a breach of an equality clause or rule.

(1) A public authority is a person who is specified in Schedule 19.
(2) In that Schedule—
Part 1 specifies public authorities generally;
Part 2 specifies relevant Welsh authorities; 10
Part 3 specifies relevant Scottish authorities.
(3) A public authority specified in Schedule 19 is subject to the duty imposed by
section 143(1) in relation to the exercise of all of its functions unless subsection
(4) applies.
106
EXPLANATORY NOTES
Background
475. The public sector equality duties in current legislation specify which bodies are
subject to the duties in different ways. The Race Relations Act 1976 uses a list, while the
Disability Discrimination Act 1995 and the Sex Discrimination Act 1975 apply the disability
equality duty and the gender equality duty to those who have “functions of a public nature”.
The Bill combines the two approaches by including a list of public authorities subject to the
duty, to provide legal certainty, and in addition applying the duty to anyone else who is
exercising public functions (in subsection (2) of clause 143).
Clause 145: Power to specify public authorities
Effect
476. The Schedule (Schedule 19) listing public authorities subject to the public sector
equality duty will initially comprise 3 parts. This clause enables a Minister of the Crown to
make an order amending any of these parts of the Schedule. The changes might consist of
adding a new body or removing an existing body, or moving a body from one Part of the
Schedule to another. It also enables the Welsh Ministers and the Scottish Ministers, with the
consent of a Minister of the Crown, to amend Parts 2 and 3 of the Schedule respectively, which
list relevant Welsh and Scottish authorities subject to the duty.
477. Relevant Welsh and Scottish authorities (as defined in clause 151) cannot be added to
Part 1 of the Schedule. They must be included in Parts 2 and 3 respectively. Nor can cross-
border Welsh and Scottish authorities (as defined in clause 151). Only a Minister of the Crown
has the power to amend the Schedule in relation to cross-border Welsh and Scottish
authorities. They must be added to what will become a new Part 4, which will be created when
the first cross-border authority is added to the Schedule.
478. The powers to add to the Schedule can be only used where the person exercising the
power considers that the person being added is exercising at least one public function. This
means that a wholly private company could not be added unless it was carrying out what the
person exercising the power considered to be a public function.
Examples
• A Minister of the Crown may decide that a new public authority which has just been
created should be included in the Schedule, and add it to the appropriate Part.
• A public authority might cease its devolved activities, and so a Minister of the Crown
might move it to Part 1 of the Schedule from another Part of the Schedule.
Clause 146: Power to specify public authorities: consultation and consent
479.
Effect
479. This clause sets out who a Minister of the Crown must consult before exercising a
power under clause 145 to amend Schedule 19. On each occasion the Minister must consult
Equality and Human Rights Commission. If the Minister is modifying the Schedule in respect
of a relevant Welsh authority, or a cross-border Welsh authority, then he or she must also
consult the Welsh Ministers. And similarly, if the amendment relates to a relevant Scottish
E107
Equality Bill
(4) A public authority specified in that Schedule in respect of certain specified
functions is subject to that duty only in respect of the exercise of those
functions.
(5) A public function is a function that is a function of a public nature for the
purposes of the Human Rights Act 1998. 5

(1) A Minister of the Crown may by order amend Part 1, 2 or 3 of Schedule 19.
(2) The Welsh Ministers may by order amend Part 2 of Schedule 19.
(3) The Scottish Ministers may by order amend Part 3 of Schedule 19.
(4) The power under subsection (1), (2) or (3) may not be exercised so as to add an 10
entry—
(a) to Part 1 relating to a relevant Welsh or Scottish authority or a cross-
border Welsh or Scottish authority;
(b) to Part 2 relating to a person who is not a relevant Welsh authority;
(c) to Part 3 relating to a person who is not a relevant Scottish authority. 15
(5) A Minister of the Crown may by order amend Schedule 19 so as to make
provision relating to a cross-border Welsh or Scottish authority.
(6) On the first exercise of the power under subsection (5) to add an entry relating
to a cross-border Welsh or Scottish authority to Schedule 19, a Minister of the
Crown must— 20
(a) add a Part 4 to the Schedule for cross-border authorities, and
(b) add the cross-border Welsh or Scottish authority to that Part.
(7) Any subsequent exercise of the power under subsection (5) to add an entry
relating to a cross-border Welsh or Scottish authority to Schedule 19 must add
that entry to Part 4 of the Schedule. 25
(8) An order may not be made under this section so as to extend the application of
section 143 unless the person making it considers that the extension relates to
a person by whom a public function is exercisable.

(1) Before making an order under a provision specified in the first column of the 30
Table, a Minister of the Crown must consult the person or persons specified in
the second column.
107
EXPLANATORY NOTES
authority or a cross-border Scottish authority, there is a requirement to consult the Scottish

Ministers.
480. The clause also provides that, before the Welsh Ministers amend Part 2 of the
Schedule with respect to relevant Welsh authorities, they must first consult Equality and
Human Rights Commission and obtain the consent of a Minister of the Crown. The same
requirements apply to Scottish Ministers with respect to Part 3 of the Schedule and relevant
Scottish authorities.
Background
481. The Race Relations Act 1976 does not contain a requirement for the Lord Privy Seal
to consult before amending the Schedule of bodies subject to the general race equality duty.
Neither the Scottish Ministers nor the Welsh Ministers have the power to amend the Schedule.
The Disability Discrimination Act 1995 and the Sex Discrimination Act 1975 do not adopt a
list-based approach to the general duty.
Clause 147: Power to impose specific duties
482.
Effect
482. This clause enables a Minister of the Crown to make regulations imposing specific
duties on public authorities listed in Part 1 of Schedule 19 to enable them to carry out the
public sector equality duty more effectively. The Welsh Ministers can similarly impose
specific duties on relevant Welsh authorities listed in Part 2 of the Schedule, and the Scottish
Ministers can impose specific duties on relevant Scottish authorities listed in Part 3 of the
Schedule.
483. Clause 148 deal with the imposition of specific duties on public authorities listed in
Part 4 of the Schedule.
484. The Equality and Human Rights Commission must be consulted before specific duties
are imposed.
Background
485. This clause replaces similar provisions in current legislation for the Lord Privy Seal
and the Scottish Ministers to impose specific duties for the race and gender public sector
equality duties, and for the Secretary of State and the Scottish Ministers to impose specific
duties for the disability public sector equality duty. The Welsh Ministers currently do not have
the power to impose specific duties on Welsh authorities.
486. The power has in the past been used to require listed public authorities to prepare and
publish race, disability and gender equality schemes.
E108
Equality Bill
Provision Consultees
Section 145(1) The Commission

Section 145(1), so far as relating to a The Welsh Ministers
relevant Welsh authority
Section 145(1), so far as relating to a The Scottish Ministers 5
relevant Scottish authority
Section 145(5) The Commission
Section 145(5), so far as relating to a The Welsh Ministers
cross-border Welsh authority
Section 145(5), so far as relating to a The Scottish Ministers 10
cross-border Scottish authority
(2) Before making an order under section 145(2), the Welsh Ministers must—
(a) obtain the consent of a Minister of the Crown, and
(b) consult the Commission.
(3) Before making an order under section 145(3), the Scottish Ministers must— 15
(a) obtain the consent of a Minister of the Crown, and
(b) consult the Commission.

(1) A Minister of the Crown may by regulations impose duties on a public
authority specified in Part 1 of Schedule 19 for the purpose of enabling the 20
better performance by the authority of the duty imposed by section 143(1).
(2) The Welsh Ministers may by regulations impose duties on a public authority
specified in Part 2 of Schedule 19 for that purpose.
(3) The Scottish Ministers may by regulations impose duties on a public authority
specified in Part 3 of Schedule 19 for that purpose. 25
(4) Before making regulations under this section, the person making them must
consult the Commission.
108
EXPLANATORY NOTES
Clause 148: Power to impose specific duties: cross-border authorities
487.
Effect
487. This clause sets out the process for determining who imposes specific duties on any
cross-border Welsh and Scottish authorities that may in time be added to Part 4 of the
Schedule.
488. Whenever a body is listed in Part 4 of the Schedule, beside its entry will appear a letter
corresponding to the procedure to be followed.
489. For all the procedures, the person imposing the specific duties must consult the
Equality and Human Rights Commission.
Background
490. In respect of the existing disability and gender public sector equality duties the
Scottish Ministers currently have the power to impose specific duties on the devolved
functions of Anglo-Scottish cross-border bodies, subject to consultation with the Lord Privy
Seal. The Lord Privy Seal has the power to impose specific duties on the non-devolved, or
reserved, functions of those Anglo-Scottish cross-border bodies, again subject to consultation
with the Scottish Ministers. Before imposing specific duties in respect of the existing race,
disability and gender public sector equality duties which relate to functions in Wales
exercisable by a person who is not a Welsh public authority, the Lord Privy Seal must consult
the Welsh Ministers.
E109
Equality Bill
(1) If a Minister of the Crown exercises the power in section 145(5) to add an entry
for a public authority to Part 4 of Schedule 19, the Minister must include after
the entry a letter specified in the first column of the Table in subsection (3).
(2) Where a letter specified in the first column of the Table in subsection (3) is 5
included after an entry for a public authority in Part 4 of Schedule 19, the
person specified in the second column of the Table—
(a) may by regulations impose duties on the authority for the purpose of
enabling the better performance by the authority of the duty imposed
by section 143(1), subject to such limitations as are specified in that 10
column;
(b) must in making the regulations comply with the procedural
requirement specified in that column.
(3) This is the Table—
Letter Person by whom regulations may be made and procedural 15

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

relation to the authority’s functions that are not
devolved Welsh functions.
The Minister of the Crown must consult the Welsh 20
Ministers before making the regulations.
Regulations may be made by the Welsh Ministers in
relation to the authority’s devolved Welsh functions.
The Welsh Ministers must consult a Minister of the
Crown before making the regulations. 25
B Regulations may be made by a Minister of the Crown in
relation to the authority’s functions that are not
devolved Scottish functions.
The Minister of the Crown must consult the Scottish
Ministers before making the regulations. 30
Regulations may be made by the Scottish Ministers in
relation to the authority’s devolved Scottish functions.
The Scottish Ministers must consult a Minister of the
Crown before making the regulations.
C Regulations may be made by a Minister of the Crown in 35
relation to the authority’s functions that are neither
devolved Welsh functions nor devolved Scottish
functions.
The Minister of the Crown must consult the Welsh
Ministers and the Scottish Ministers before making the 40
regulations.
109
EXPLANATORY NOTES
Clause 149: Power to impose specific duties: supplementary
Effect
491. This clause provides that a specific duty imposed using the powers in clauses 147 and
148 may require public authorities to consider matters set out elsewhere by a Minister of the
Crown, or the Welsh or Scottish Ministers.
492. This clause also makes clear that a Minister of the Crown or the Welsh or Scottish
Ministers may impose specific duties on public authorities listed in Schedule 19 that are also
contracting authorities for public procurement purposes in relation to their public procurement
functions, for example when buying goods and services from a private firm. “Public
procurement functions” are those activities that fall within the European law public
procurement regime. The provisions on public procurement do not affect the extent of any
other provision that may be made using the powers in clauses 147 and 148 outside this
immediate field.
493. This clause also provides that a Minister of the Crown and the Welsh and Scottish
Ministers may modify or remove duties that they have imposed. A duty imposed by one
Minister of the Crown may be modified by a different Minister of the Crown.
Background
494. The current public sector equality duties do not provide for the imposition of specific
duties which require public authorities to take into account matters set out elsewhere. It is
inherent, but not explicit, in the current public sector equality duties that duties may be
imposed which apply to that body’s public procurement functions.
Examples
• A person exercising the power may decide to impose a specific duty that requires
specified public authorities to take into account particular national priorities set out in
a Public Service Agreement when setting their equality objectives.
E110
Equality Bill
Letter Person by whom regulations may be made and procedural

requirements
Regulations may be made by the Welsh Ministers in

relation to the authority’s devolved Welsh functions.
The Welsh Ministers must consult a Minister of the 5
Crown before making the regulations.
Regulations may be made by the Scottish Ministers in
relation to the authority’s devolved Scottish functions.
The Scottish Ministers must consult a Minister of the
Crown before making the regulations. 10
D The regulations may be made by a Minister of the
Crown.
The Minister of the Crown must consult the Welsh
Ministers before making the regulations.
(4) Before making regulations under subsection (2), the person making them must 15
consult the Commission.

(1) Regulations under section 147 or 148 may require a public authority to
consider such matters as may be specified from time to time by—
(a) a Minister of the Crown, where the regulations are made by a Minister 20
of the Crown;
(b) the Welsh Ministers, where the regulations are made by the Welsh
Ministers;
(c) the Scottish Ministers, where the regulations are made by the Scottish
Ministers. 25
(2) Regulations under section 147 or 148 may impose duties on a public authority
that is a contracting authority within the meaning of the Public Sector Directive
in connection with its public procurement functions.
“public procurement functions” means functions the exercise of which is 30
regulated by the Public Sector Directive;
“the Public Sector Directive” means Directive 2004/18/EC of the
European Parliament and of the Council of 31 March 2004 on the
coordination of procedures for the award of public works contracts,
public supply contracts and public service contracts, as amended from 35
time to time.
(4) Subsections (1) and (2) do not affect the generality of section 147 or 148(2)(a).
(5) A duty imposed on a public authority under section 147 or 148 may be
modified or removed by regulations made by—
(a) a Minister of the Crown, where the original duty was imposed by 40
regulations made by a Minister of the Crown;
(b) the Welsh Ministers, where the original duty was imposed by
regulations made by the Welsh Ministers;
110
EXPLANATORY NOTES
• A Minister may decide to impose a specific duty which requires contracting

authorities to set out how they will use their procurement functions to better meet the
requirements of the public sector equality duty. This might lead a hospital in an
ethnically diverse area which outsources its catering to identify a need to put
conditions in the contract that Halal and Kosher food is made available.
Clause 150: Enforcement
Effect
495. This clause is designed to make it clear that the duties imposed by or under Chapter 1
of Part 11 do not create any private law rights for individuals. These duties, are, however,
enforceable by way of judicial review.
Background
496. This clause is new, but it reflects the position under current legislation.
Examples
• A local council fails to give due regard to the requirements of the public sector
equality duty when deciding to stop funding a local women’s refuge. An individual
would not be able to sue the local council as a result and claim compensation. They
would need to consider whether to pursue judicial review proceedings.
497.
Effect
497. This clause defines the terms used in this Chapter to refer to devolved issues.
498. The other clauses in this Chapter refer to relevant Welsh and Scottish authorities,
cross-border Welsh and Scottish authorities and devolved Welsh and Scottish functions. This
clause explains what those terms mean.
E111
Equality Bill
(c) the Scottish Ministers, where the original duty was imposed by
regulations made by the Scottish Ministers.
150 Enforcement
A failure in respect of a performance of a duty imposed by or under this
Chapter does not confer a cause of action at private law. 5
151 Interpretation
(2) A relevant Welsh authority is a person whose functions—
(a) are exercisable only in or as regards Wales, and
(b) are wholly or mainly devolved Welsh functions. 10
(3) A cross-border Welsh authority is a person other than a relevant Welsh
authority who has any function that—
(a) is exercisable in or as regards Wales, and
(b) is a devolved Welsh function.
(4) A function is a devolved Welsh function if it relates to— 15
(a) a matter in respect of which functions are exercisable by the Welsh
Ministers, the First Minister for Wales or the Counsel General to the
Welsh Assembly Government, or
(b) a matter within the legislative competence of the National Assembly
for Wales. 20
(5) A relevant Scottish authority is a public body, public office or holder of a public
office—
(a) which is not a cross-border Scottish authority or the Scottish
Parliamentary Corporate Body,
(b) whose functions are exercisable only in or as regards Scotland, and 25
(c) at least some of whose functions do not relate to reserved matters.
(6) A cross-border Scottish authority is a cross-border public authority within the
meaning given by section 88(5) of the Scotland Act 1998.
111
EXPLANATORY NOTES
Chapter 2: Positive action
Clause 152: Positive action: general
Effect
499. This clause provides that the Bill does not prohibit the use of positive action measures
to alleviate disadvantage experienced by people who share a protected characteristic, reduce
their under-representation in relation to particular activities, and meet their particular needs. It
will, for example, allow measures to be targeted to particular groups, including training to
enable them to gain employment, or health services to address their needs. Any such measures
must be a proportionate way of achieving the relevant aim.
500. The extent to which it is proportionate to take positive action measures which may
result in people not having the relevant characteristic being treated less favourably will
depend, among other things, on the seriousness of the relevant disadvantage, the extremity of
need or under-representation and the availability of other means of countering them. This
provision will need to be interpreted in accordance with European law which limits the extent
to which the kind of action it permits will be allowed.
501. To provide greater legal certainty about what action is proportionate in particular
circumstances, the clause contains a power to make regulations setting out action which is not
permitted under this clause.
502. If positive action measures are taken in recruitment or promotion under clause 153(3)
or the selection of political candidates under clause 99, those provisions will apply rather than
this clause.
503. Should the provision allowing single-sex shortlists for the selection of political
candidates (99 (6)) be repealed, this clause will not permit action to be taken similar to that
permissible under that provision.
504. This clause does not allow any action to be taken that would be prohibited by other
legislation.
Background
505. This clause is new. There are existing positive action provisions in current legislation,
but these apply to different protected characteristics in different ways and in some cases are
specific about the types of action they permit. This clause extends what is possible to the
extent permitted by European law, and applies in relation to all protected characteristics.
Examples
• Having identified that its white male pupils are underperforming at maths, a school
could run supplementary maths classes exclusively for them.
E112
Equality Bill
(7) A function is a devolved Scottish function if it—
(a) is exercisable in or as regards Scotland, and
(b) does not relate to reserved matters.
(8) Reserved matters has the same meaning as in the Scotland Act 1998.
CHAPTER 2 5
POSITIVE ACTION

(1) This section applies if a person (P) reasonably thinks that—
(a) persons who share a protected characteristic suffer a disadvantage
connected to the characteristic, 10
(b) persons who share a protected characteristic have needs that are
different from the needs of persons who do not share it, or
(c) participation in an activity by persons who share a protected
characteristic is disproportionately low.
(2) This Act does not prohibit P from taking any action which is a proportionate 15
means of achieving the aim of—
(a) enabling or encouraging persons who share the protected characteristic
to overcome or minimise that disadvantage,
(b) meeting those needs, or
(c) enabling or encouraging persons who share the protected characteristic 20
to participate in that activity.
(3) Regulations may specify action, or descriptions of action, to which subsection
(2) does not apply.
(a) action within section 153(3), or 25
(b) anything that is permitted by virtue of section 99.
(5) If section 99(7) is repealed by virtue of section 100, this section will not apply
to anything that would have been so permitted but for the repeal.
(6) This section does not enable P to do anything that is prohibited by or under an
enactment other than this Act. 30
112
EXPLANATORY NOTES
• In response to a national survey which indicates that lesbians have an increased risk of
breast cancer due to lifestyle issues, such as being less likely to have children, less
likely to seek gynaecological care, a local NHS Trust could set up a breast cancer
screening programme targeted specifically at lesbian women.
Clause 153: Positive action: recruitment and promotion
Effect
506. This clause permits an employer to take a protected characteristic into consideration
when deciding who to recruit or promote, where people having the protected characteristic are
at a disadvantage or are under-represented. This can be done only where the candidates are
equally qualified, and the clause does not allow employers to have a policy of automatically
treating people who share a protected characteristic more favourably than those who do not.
507. The clause defines recruitment broadly, so that for example offers of partnership or
pupillage, or tenancy in barristers’ chambers, are included.
Background
508. This clause is new. While current legislation allows employers to undertake a variety
of positive action measures, for instance offering training and encouragement for certain forms
of work, it does not allow employers to take any form of positive action at the actual point of
recruitment or promotion. This clause extends what is possible to the extent permitted by
European law, and applies in relation to all protected characteristics.
Examples
• A police service which employs disproportionately low numbers of people from an

ethnic minority background identifies a number of equally qualified candidates for
recruitment and gives preferential selection to a candidate from an ethnic minority
background. This would not be unlawful, provided the comparative merits of other
candidates were also taken into consideration.
• An employer offers a job to a woman on the basis that women are under-represented
in the company’s workforce when there was a male candidate who was more qualified.
This would be unlawful direct discrimination.
Part 12: Disabled persons: transport
E113
Equality Bill
Chapter 2 — Positive action

(1) This section applies if a person (P) reasonably thinks that—
(a) persons who share a protected characteristic suffer a disadvantage
connected to the characteristic, or
(b) participation in an activity by persons who share a protected 5
characteristic is disproportionately low.
(2) Part 5 (work) does not prohibit P from taking action within subsection (3) with
the aim of enabling or encouraging persons who share the protected
characteristic to—
(a) overcome or minimise that disadvantage, or 10
(b) participate in that activity.
(3) That action is treating a person (A) more favourably in connection with
recruitment or promotion than another person (B) because A has the protected
characteristic but B does not.
(4) But subsection (2) applies only if— 15
(a) A is as qualified as B to be recruited or promoted, and
(b) P does not have a policy of treating persons who share the protected
characteristic more favourably in connection with recruitment or
promotion than persons who do not share it.
(5) “Recruitment” means a process for deciding whether to— 20
(a) offer employment to a person,
(b) make contract work available to a contract worker,
(c) offer a person a position as a partner in a firm or proposed firm,
(d) offer a person a position as a member of an LLP or proposed LLP,
(e) offer a person a pupillage or tenancy in barristers’ chambers, 25
(f) take a person as an advocate’s devil or offer a person membership of an
advocate’s stable,
(g) offer a person an appointment to a personal office,
(h) offer a person an appointment to a public office, recommend a person
for such an appointment or approve a person’s appointment to a public 30
office, or
(i) offer a person a service for finding employment.
(6) This section does not enable P to do anything that is prohibited by or under an
enactment other than this Act.
113
EXPLANATORY NOTES
Chapter 1: Taxis etc.
Clause 154: Taxi accessibility
Effect
509. This clause contains a power for the Secretary of State to make regulations specifying
the technical standards applying to licensed taxis and imposing requirements on taxi drivers,
to enable disabled people to access taxis safely, even when seated in a wheelchair, and be
carried in safety and reasonable comfort. It makes it an offence, punishable by a fine of up to
£1,000, for a driver of a regulated taxi to fail to comply with the requirements of the
regulations.
Background
510. This clause is designed to replicate the effect of conditions in section 32 of the
511. These conditions do not apply to taxis which are drawn by horses or other animals.
Examples
• It would be an offence for a taxi driver not to comply with a requirement to have a
ramp or other device to enable a disabled person in a wheelchair to access the taxi in
safety.
• It would be an offence for a taxi driver not to comply with a requirement to ensure the
correct position of a wheelchair in the taxi so as to ensure the disabled person can
travel in safety.
Clause 155: Designated transport facilities
Effect
512. This clause enables the Secretary of State in England and Wales, or Scottish Ministers
in Scotland, to make regulations applying taxi provisions contained in or made under Chapter
E114
Equality Bill
Chapter 2 — Positive action
PART 12
CHAPTER 1
TAXIS ETC.
154 Taxi accessibility regulations 5

(1) The Secretary of State may make regulations (in this Chapter referred to as
“taxi accessibility regulations”) for securing that it is possible for disabled
persons—
(a) to get into and out of taxis in safety;
(b) to do so while in wheelchairs; 10
(c) to travel in taxis in safety and reasonable comfort;
(d) to do so while in wheelchairs.
(2) The regulations may, in particular, require a regulated taxi to conform with
provision as to—
(a) the size of a door opening for the use of passengers; 15
(b) the floor area of the passenger compartment;
(c) the amount of headroom in the passenger compartment;
(d) the fitting of restraining devices designed to ensure the stability of a
wheelchair while the taxi is moving.
(3) The regulations may also— 20
(a) require the driver of a regulated taxi which is plying for hire, or which
has been hired, to comply with provisions as to the carrying of ramps
or other devices designed to facilitate the loading and unloading of
wheelchairs;
(b) require the driver of a regulated taxi in which a disabled person is being 25
carried while in a wheelchair to comply with provisions as to the
position in which the wheelchair is to be secured.
(4) The driver of a regulated taxi which is plying for hire or has been hired
commits an offence—
(a) by failing to comply with a requirement of the regulations, or 30
(b) if the taxi fails to conform with any provision of the regulations with
which it is required to conform.
(5) A person guilty of an offence under subsection (4) is liable, on summary
conviction, to a fine not exceeding level 3 on the standard scale.
“passenger compartment” has such meaning as is specified in taxi
accessibility regulations;
“regulated taxi” means a taxi to which taxi accessibility regulations are
expressed to apply.
155 Designated transport facilities 40

(1) The appropriate authority may by regulations provide for the application of
any taxi provision (with or without modification) to—
114
EXPLANATORY NOTES
1 of Part 12 of the Bill or under section 20(2A) of the Civic Government (Scotland) Act 1982
to private hire vehicles used in the provision of services under a franchise agreement.
Background
513. This clause is designed to replicate the effect of provisions in section 33 of the
514. Franchise agreements exist between operators of transport facilities (premises which
form part of railway stations, airports, ports and bus stations) and operators of private hire
cars, in order to provide services to members of the public so that they can travel from, for
example, the mainline station to their destination. This clause allows requirements to be
placed on vehicles used under a franchise agreement and their drivers to ensure accessibility
for disabled people.
Examples
515. Regulations could require that the vehicles entering, and for use in, an airport to fulfil
the terms of a franchise agreement must be accessible to wheelchair users.
Clause 156: Taxi licence conditional on compliance with taxi accessibility regulations
Effect
516. This clause prevents a licensing authority granting a licence for a taxi to ply for hire
unless the vehicle complies with the regulations made under clause 155, so as to ensure that
licensed taxis in use are accessible by disabled passengers. The provisions do not apply if a
taxi has been licensed in the preceding 28 days, so that existing vehicles can continue to be
used even if they do not meet the accessibility requirements.
Background
Examples
• Someone making an application for a taxi licence will need to ensure the taxi will be
accessible by disabled people.
E115
Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
(a) vehicles used for the provision of services under a franchise agreement,
or
(b) drivers of such vehicles.
(2) A franchise agreement is a contract entered into by the operator of a designated
transport facility for the provision, by the other party to the contract, of hire car 5
services—
(a) for members of the public using any part of the facility, and
(b) which involve vehicles entering any part of the facility.
“appropriate authority” means— 10
(a) in relation to transport facilities in England and Wales, the
Secretary of State;
(b) in relation to transport facilities in Scotland, the Scottish
Ministers;
“designated” means designated by order made by the appropriate 15
authority;
“hire car” has such meaning as is specified in regulations made by the
appropriate authority;
“operator”, in relation to a transport facility, means a person who is
concerned with the management or operation of the facility; 20
“taxi provision” means a provision of—
(a) this Chapter, or
(b) regulations made in pursuance of section 20(2A) of the Civic
Government (Scotland) Act 1982,
which applies in relation to taxis or drivers of taxis; 25
“transport facility” means premises which form part of a port, airport,
railway station or bus station.
(4) For the purposes of section 2(2) of the European Communities Act 1972
(implementation of Community obligations), the Secretary of State may
exercise a power conferred by this section on the Scottish Ministers. 30

(1) A licence for a taxi to ply for hire must not be granted unless the vehicle
conforms with the provisions of taxi accessibility regulations with which a
vehicle is required to conform if it is licensed.
(2) Subsection (1) does not apply if a licence is in force in relation to the vehicle at 35
any time during the period of 28 days immediately before the day on which the
licence is granted.
(3) The Secretary of State may by order provide for subsection (2) to cease to have
effect on a specified date.
(4) The power under subsection (3) may be exercised differently for different areas 40
or localities.
115
EXPLANATORY NOTES
• A driver renewing the licence for a taxi will not need to show that the vehicle meets
the accessibility requirements as long as it was licensed in the 28 days preceding the
grant of the new licence.
Clause 157: Exemption from accessibility regulations
Effect
518. This clause contains a power for the Secretary of State to make regulations allowing a
licensing authority to apply for an order exempting it from the requirements of clause 156 if it
has undertaken a consultation, published the outcome and taken into account any
representations. A licensing authority may only apply for an exemption order if applying
clause 156 would reduce the number of taxis in the area to an unacceptable level.
519. The Secretary of State may grant or refuse such an order but, before deciding whether
or not to do so, is required to consult the Disabled Persons Transport Advisory Committee and
any other appropriate persons. In granting an exemption order, the Secretary of State may
impose certain conditions. Where exemption is given from the full accessibility requirements,
taxis may instead be required to be fitted with swivel seats and to conform to any safety
conditions when such seats are in use.
Background
Example
• A particular licensing area can apply for an exemption order if it considers that
requiring all taxis to comply with the accessibility requirements would mean that
licensed taxi drivers in the area would transfer from being hackney carriage drivers to
private hire vehicle drivers, because the cost of purchasing accessible taxis would
make their business unprofitable. The Secretary of State can agree to make an
exemption order but, in doing so, can require a certain number of accessible taxis to be
available in the area.
Clause 158: Passengers in wheelchairs
Effect
521. This clause places duties on drivers of designated taxis and private hire vehicles to
carry a disabled passenger while in a wheelchair; to not make an additional charge; if the
passenger chooses to sit in a passenger seat, to carry the passenger’s wheelchair; to carry the
passenger in safety and in reasonable comfort; and to provide reasonable assistance to enable
the passenger to use the taxi. A taxi or private hire vehicle is designated if it appears on a list
maintained by the local licensing authority under clause 160.
E116
Equality Bill

(1) The Secretary of State may by regulations provide for a relevant licensing
authority to apply for an order (an “exemption order”) exempting the authority
from the requirements of section 156.
(2) Regulations under subsection (1) may, in particular, make provision requiring 5
an authority proposing to apply for an exemption order—
(a) to carry out such consultation as is specified;
(b) to publish its proposals in the specified manner;
(c) before applying for the order, to consider representations made about
the proposal; 10
(d) to make the application in the specified form.
In this subsection “specified” means specified in the regulations.
(3) An authority may apply for an exemption order only if it is satisfied—
(a) that, having regard to the circumstances in its area, it is inappropriate
for section 156 to apply, and 15
(b) that the application of that section would result in an unacceptable
reduction in the number of taxis in its area.
(4) After consulting the Disabled Persons Transport Advisory Committee and
such other persons as the Secretary of State thinks appropriate, the Secretary of
State may— 20
(a) make an exemption order in the terms of the application for the order;
(b) make an exemption order in such other terms as the Secretary of State
thinks appropriate;
(c) refuse to make an exemption order.
(5) The Secretary of State may by regulations make provision requiring a taxi 25
plying for hire in an area in respect of which an exemption order is in force to
conform with provisions of the regulations as to the fitting and use of swivel
seats.
(6) Regulations under subsection (5) may make provision corresponding to
section 156. 30
“relevant licensing authority” means an authority responsible for
licensing taxis in any area of Great Britain other than the area to which
the Metropolitan Public Carriage Act 1869 applies;
“swivel seats” has such meaning as is specified in regulations under 35
subsection (5).

(1) This section imposes duties on the driver of a designated taxi which has been
hired—
(a) by or for a disabled person who is in a wheelchair, or 40
(b) by another person who wishes to be accompanied by a disabled person
who is in a wheelchair.
116
EXPLANATORY NOTES
522. A driver of a designated taxi or private hire vehicle who refuses to carry a wheelchair
user commits an offence punishable by a fine of up to £1,000.
Background
523. This clause is designed to replicate the duties contained in section 36 of the Disability
Discrimination Act 1995 but it is being amended to apply the duties to drivers of both licensed
taxis and private hire vehicles that have been designated as being wheelchair accessible by the
local licensing authority.
Examples
• A person in a wheelchair hires a wheelchair accessible taxi or private hire vehicle.

The driver must help the passenger into and out of the vehicle by using a ramp or lift
and helping the passenger onto the lift or up the ramp. The driver must ensure the
wheelchair is correctly positioned in the vehicle and secured so that the passenger
travels safely and in reasonable comfort.
• If a passenger in a wheelchair wishes to travel in a passenger seat, the driver must

assist the passenger into and out of the vehicle and transport the wheelchair.
• A driver must load a disabled passenger’s luggage into and out of the taxi.
• A driver cannot charge a person in a wheelchair more than any other passenger.
E117
Equality Bill
(2) This section also imposes duties on the driver of a designated private hire
vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated
to the driver that he or she wishes to travel in the vehicle.
(a) a taxi or private hire vehicle is “designated” if it appears on a list 5
maintained under section 160;
(b) “the passenger” means the disabled person concerned.
(4) The duties are—
(a) to carry the passenger while in the wheelchair;
(b) not to make any additional charge for doing so; 10
(c) if the passenger chooses to sit in a passenger seat, to carry the
wheelchair;
(d) to take such steps as are necessary to ensure that the passenger is
carried in safety and reasonable comfort;
(e) to give the passenger such mobility assistance as is reasonably 15
required.
(5) Mobility assistance is assistance—
(a) to enable the passenger to get into or out of the vehicle;
(b) if the passenger wishes to remain in the wheelchair, to enable the
passenger to get into and out of the vehicle while in the wheelchair; 20
(c) to load the passenger’s luggage into or out of the vehicle;
(d) if the passenger does not wish to remain in the wheelchair, to load the
wheelchair into or out of the vehicle.
(6) This section does not require the driver—
(a) unless the vehicle is of a description specified in regulations made by 25
the Secretary of State, to carry more than one person in a wheelchair, or
more than one wheelchair, on any one journey;
(b) to carry a person in circumstances in which it would otherwise be
lawful for the driver to refuse to carry the person.
(7) A driver of a designated taxi or designated private hire vehicle commits an 30
offence by failing to comply with a duty imposed on the driver by this section.
(9) It is a defence for a person charged with the offence to show that at the time of
the alleged offence— 35
(a) the vehicle conformed to the accessibility requirements which applied
to it, but
(b) it would not have been possible for the wheelchair to be carried safely
in the vehicle.
(10) In this section and sections 159 and 160 “private hire vehicle” means— 40
(a) a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976;
(b) a vehicle licensed under section 7 of the Private Hire Vehicles (London)
Act 1998;
(c) a vehicle licensed under an equivalent provision of a local enactment; 45
(d) a private hire car licensed under section 10 of the Civic Government
(Scotland) Act 1982.
117
EXPLANATORY NOTES
Clause 159: Passengers in wheelchairs: exemption certificates
Effect
524. The Secretary of State may make regulations which allow a licensing authority to
exempt a driver from the duties contained in clause 159 if it is satisfied that the driver cannot
provide assistance due to a medical or physical condition.
525. The exemption certificate must be displayed in the vehicle.
Background
526. This clause is designed the replicate the exemption provision that was contained in
section 36 of the Disability Discrimination Act 1995. An exemption certificate needs to be
exhibited on a taxi and must be carried in the private hire vehicle. The driver of a private hire
vehicle must show the certificate if requested by a disabled passenger or person accompanying
a disabled passenger.
Examples
• A driver is not required to provide physical assistance to help a passenger in a

wheelchair into and out of a vehicle if he is medically unfit to do so.
Clause 160: List of wheelchair-accessible vehicles
Effect
527. This clause permits a licensing authority to maintain a list of wheelchair accessible
taxis and private hire vehicles that serve an area. A licensing authority can restrict the list to
those taxis and private hire vehicles in its area that provide local bus services. The duties
contained in clause 158 will apply to drivers of taxis or private hire vehicles that appear on the
list of wheelchair accessible vehicles.
528. The clause permits the Secretary of State to issue guidance to licensing authorities and
the licensing authority must have regard to any guidance issued.
Background
529. This clause is designed to replicate some of the provisions contained in Section 36A
of the Disability Discrimination Act 1995. It is also designed to enable licensing authorities to
designate the taxis and private hire vehicles in their area that are wheelchair accessible.
Examples
• A licensing authority will maintain a list of taxis and private hire vehicles that have
been designated as being wheelchair accessible in its area.
E118
Equality Bill
(1) A licensing authority must issue a person with a certificate exempting the
person from the duties imposed by section 158 (an “exemption certificate”) if
satisfied that it is appropriate to do so—
(a) on medical grounds, or 5
(b) on the ground that the person’s physical condition makes it impossible
or unreasonably difficult for the person to comply with those duties.
(2) An exemption certificate is valid for such period as is specified in the
certificate.
(3) The driver of a designated taxi is exempt from the duties imposed by section 10
158 if—
(a) an exemption certificate issued to the driver is in force, and
(b) the prescribed notice of the exemption is exhibited on the taxi in the
prescribed manner.
(4) The driver of a designated private hire vehicle is exempt from the duties 15
imposed by section 158 if—
(a) an exemption certificate issued to the driver is in force, and
(b) the prescribed notice of the exemption is exhibited on the vehicle in the
prescribed manner.
(5) For the purposes of this section a taxi or private hire vehicle is “designated” if 20
it appears on a list maintained under section 160.
(6) In this section and section 160 “licensing authority”, in relation to any area,
means the authority responsible for licensing taxis or, as the case may be,
private hire vehicles in that area.
160 Lists of wheelchair-accessible vehicles 25

(1) For the purposes of section 158 a licensing authority may maintain a list of
vehicles falling within subsection (2).
(2) A vehicle falls within this subsection if—
(a) it is either a taxi or a private hire vehicle, and
(b) it conforms to such accessibility requirements as the licensing authority 30
thinks fit.
(3) A licensing authority may, if it thinks fit, decide that a vehicle may be included
on a list maintained under this section only if it being used, or is to be used, by
the holder of a special licence under that licence.
In this subsection “special licence” has the meaning given by section 12 of the 35
Transport Act 1985 (use of taxis or hire cars in providing local services).
(4) “Accessibility requirements” are requirements for securing that it is possible
for disabled persons in wheelchairs—
(a) to get into and out of vehicles in safety, and
(b) to travel in vehicles in safety and reasonable comfort, 40
either staying in their wheelchairs or not (depending on which they prefer).
(5) The Secretary of State may issue guidance to licensing authorities as to—
(a) the accessibility requirements which they should apply for the
purposes of this section;
118
EXPLANATORY NOTES
• The driver of a vehicle that is included on the list will provide assistance to passengers
in wheelchairs and will not charge them an additional fare.
Clause 161: Assistance dogs in taxis
Effect
530. This clause places duties on drivers of taxis to transport a disabled person’s assistance
dog, for example, a blind person’s guide dog, and allow it to stay with the passenger without
making any additional charge.
531. A driver of a taxi who refuses to carry an assistance dog commits an offence that is
punishable by a fine of up to £1,000.
Background
532. This clause is designed to replicate the main provision contained in section 37 of the
Examples
• A person with an assistance dog hails a taxi. The driver must not refuse to transport
the assistance dog and must let it accompany the passenger in the taxi.
Clause 162: Assistance dogs in taxis: exemption certificates
Effect
533. This clause permits a licensing authority to exempt a driver of a taxi from the duties
contained in clause 161 if it is satisfied that the driver cannot carry an assistance dog on
medical grounds, or that the vehicle is not suitable for the carriage of assistance dogs.
534. The exemption certificate must be displayed on the taxi.
Background
section 37 of the Disability Discrimination Act 1995.
Example
• A driver is not required to carry an assistance dog if he has a medically certified

allergy.
E119
Equality Bill
(b) any other aspect of their functions under or by virtue of this section.
(6) A licensing authority which maintains a list under subsection (1) must have
regard to any guidance issued under subsection (5).

(1) This section imposes duties on the driver of a taxi which has been hired— 5
(a) by or for a disabled person who is accompanied by an assistance dog, or
(b) by another person who wishes to be accompanied by a disabled person
with an assistance dog.
(2) The driver must—
(a) carry the disabled person’s dog and allow it to remain with that person; 10
(b) not make any additional charge for doing so.
(3) The driver of a taxi commits an offence by failing to comply with a duty
imposed by this section.
(4) A person guilty of an offence under this section is liable to a fine not exceeding
level 3 on the standard scale. 15

(1) A licensing authority must issue a person with a certificate exempting the
person from the duties imposed by section 161 (an “exemption certificate”) if
satisfied that it is appropriate to do so on medical grounds.
(2) In deciding whether to issue an exemption certificate the authority must have 20
regard, in particular, to the physical characteristics of the taxi which the person
drives or those of any kind of taxi in relation to which the person requires the
certificate.
(3) An exemption certificate is valid—
(a) in respect of a specified taxi or a specified kind of taxi; 25
(b) for such period as is specified in the certificate.
(4) The driver of a taxi is exempt from the duties imposed by section 161 if—
(a) an exemption certificate issued to the driver is in force with respect to
the taxi, and
(b) the prescribed notice of the exemption is exhibited on the taxi in the 30
prescribed manner.
The power to make regulations under paragraph (b) is exercisable by the
Secretary of State.
(5) In this section “licensing authority” means—
119
EXPLANATORY NOTES
Clause 163: Assistance dogs in private hire vehicles
Effect
536. This clause places duties on operators and drivers of private hire vehicles to transport
a disabled person’s assistance dog and allow it to stay with the passenger without making any
additional charge.
537. An operator or driver of a private hire vehicle who refuses to carry an assistance dog
commits an offence that is punishable by a fine of up to £1,000.
Background
538. This clause is designed to replicate the main provision contained in section 37A of the
Examples
• A driver of a private hire vehicle cannot impose an additional charge for carrying an
assistance dog.
• An operator of a fleet of private hire vehicles accepts a booking from a passenger with
an assistance dog. The driver cannot refuse to carry the assistance dog.
Clause 164 Assistance dogs in private hire vehicles: exemption certificates
Effect
539. This clause permits a licensing authority to exempt a driver of a private hire vehicle
from the duties contained in clause 163 if it is satisfied that the driver cannot carry an
assistance dog because of a medical condition, or that the vehicle is not suitable for the
carriage of assistance dogs.
E120 540. The exemption certificate must be displayed in the private hire vehicle.
Equality Bill
(a) in relation to the area to which the Metropolitan Public Carriage Act
1869 applies, the Secretary of State or the holder of any office for the
time being designated by the Secretary of State;
(b) in relation to any other area in England and Wales, the authority
responsible for licensing taxis in that area. 5

(1) The operator of a private hire vehicle (O) commits an offence by failing or
refusing to accept a booking for the vehicle—
(a) if the booking is requested by or on behalf of a disabled person or a
person who wishes to be accompanied by a disabled person, and 10
(b) the reason for the failure or refusal is that the disabled person will be
accompanied by an assistance dog.
(2) O commits an offence by making an additional charge for carrying an
assistance dog which is accompanying a disabled person.
(3) The driver of a private hire vehicle commits an offence by failing or refusing to 15
carry out a booking accepted by O—
(a) if the booking is made by or on behalf of a disabled person or a person
who wishes to be accompanied by a disabled person, and
(b) the reason for the failure or refusal is that the disabled person is
accompanied by an assistance dog. 20
(4) A person guilty of an offence under this section is liable on summary
“driver” means a person who holds a licence under—
(a) section 13 of the Private Hire Vehicles (London) Act 1998 (“the 25
1998 Act”),
(b) section 51 of the Local Government (Miscellaneous Provisions)
Act 1976 (“the 1976 Act”), or
(c) an equivalent provision of a local enactment;
“licensing authority”, in relation to any area in England and Wales, means 30
the authority responsible for licensing private hire vehicles in that area;
“operator” means a person who holds a licence under—
(a) section 3 of the 1998 Act,
(b) section 55 of the 1976 Act, or
(c) an equivalent provision of a local enactment; 35
“private hire vehicle” means a vehicle licensed under—
(a) section 6 of the 1998 Act,
(b) section 48 of the 1976 Act, or
(c) an equivalent provision of a local enactment.
164 Assistance dogs in private hire vehicles: exemption certificates 40

(1) A licensing authority must issue a driver with a certificate exempting the
driver from the offence under section 163(3) (an “exemption certificate”) if
satisfied that it is appropriate to do so on medical grounds.
120
EXPLANATORY NOTES
Background
section 37A of the Disability Discrimination Act 1995.
Example
• A driver is not required to carry an assistance dog if he has a medically certified

allergy to dogs.
Clause 165: Appeals
Effect
542. If a taxi or a private hire vehicle driver is refused a certificate exempting him or her
from the requirements to assist disabled passengers in wheelchairs or to carry assistance dogs,
this clause gives a right of appeal to a magistrates’ court.
Background
543. This clause is designed to replicate the provisions of section 38 of the Disability
Example
• A taxi driver applies for a certificate exempting him from the requirement to assist
disabled passengers in wheelchairs because he has a bad back. His application is
refused by the licensing authority but the driver believes insufficient consideration was
given to the medical information supporting his application, so he lodges an appeal
within 28 days of the decision. The appeal is successful and the court directs the
licensing authority to issue an exemption certificate to the driver.
Effect
544. This clause explains the meaning of the terms, “accessibility requirements”,
“assistance dog”, “taxi” and “taxi accessibility regulations”.
E121
Equality Bill
(2) In deciding whether to issue an exemption certificate the authority must have
regard, in particular, to the physical characteristics of the private hire vehicle
which the person drives or those of any kind of private hire vehicle in relation
to which the person requires the certificate.
(3) An exemption certificate is valid— 5
(a) in respect of a specified private hire vehicle or a specified kind of
private hire vehicle;
(b) for such period as is specified in the certificate.
(4) A driver does not commit an offence under section 163(3) if—
(a) an exemption certificate issued to the driver is in force with respect to 10
the private hire vehicle, and
(b) the prescribed notice of the exemption is exhibited on the vehicle in the
prescribed manner.
The power to make regulations under paragraph (b) is exercisable by the
Secretary of State. 15
(5) In this section “driver”, “licensing authority” and “private hire vehicle” have
the same meaning as in section 163.
165 Appeals
(1) A person who is aggrieved by the refusal of a licensing authority to issue an
exemption certificate under section 159, 162 or 164 may appeal to a 20
magistrates’ court or, in Scotland, the sheriff before the end of the period of 28
days beginning with the date of the refusal.
(2) On an appeal under subsection (1), the magistrates’ court or sheriff may direct
the licensing authority to issue the exemption certificate to have effect for such
period as is specified in the direction. 25
(3) A person who is aggrieved by the decision of a licensing authority to include a
vehicle on a list maintained under section 160 may appeal to a magistrates’
court or, in Scotland, the sheriff before the end of the period of 28 days
beginning with the date of the inclusion.
166 Interpretation 30
(1) In this Chapter—
“accessibility requirements” has the meaning given in section 160(4);
121
EXPLANATORY NOTES
Chapter 2: Public service vehicles
Clause 167: PSV accessibility regulations
Effect
545. This clause enables the Secretary of State to make Public Service Vehicle
Accessibility regulations specifying the technical standards applying to buses and coaches, to
provide greater accessibility to disabled passengers including when seated in a wheelchair.
The requirements can relate to the construction, use and maintenance of the vehicle, to the
design and carriage of equipment, and to wheelchair restraints and wheelchair position.
Background
546. This clause replicates the provisions of section 40 of the Disability Discrimination Act
1995.
Example
• Buses and coaches must meet certain technical standards in respect of equipment and
design to ensure accessibility by disabled passengers. If accessibility features, such as
hand rails or other aids, were present when the vehicle was approved but have
subsequently been removed, the bus must not be used on the road.
E122
Equality Bill
“assistance dog” means—
(a) a dog which has been trained to guide a blind person;
(b) a dog which has been trained to assist a deaf person;
(c) a dog which has been trained by a prescribed charity to assist a
disabled person who has a disability that consists of epilepsy or 5
otherwise affects the person’s mobility, manual dexterity,
physical co-ordination or ability to lift, carry or otherwise move
everyday objects;
(d) a dog of a prescribed category which has been trained to assist
a disabled person who has a disability (other than one falling 10
within paragraph (c)) of a prescribed kind;
“taxi”—
(a) means a vehicle which is licensed under section 37 of the Town
Police Clauses Act 1847 or section 6 of the Metropolitan Public
Carriage Act 1869, and 15
(b) except in sections 161 to 164, also includes a taxi licensed under
section 10 of the Civic Government (Scotland) Act 1982,
but does not include a vehicle drawn by a horse or other animal;
“taxi accessibility regulations” has the meaning given by section 154(1).
(2) A power to make regulations under paragraph (c) or (d) of the definition of 20
“assistance dog” in subsection (1) is exercisable by the Secretary of State.
CHAPTER 2

(1) The Secretary of State may make regulations (in this Chapter referred to as 25
“PSV accessibility regulations”) for securing that it is possible for disabled
persons—
(a) to get on to and off regulated public service vehicles in safety and
without unreasonable difficulty (and, in the case of disabled persons in
wheelchairs, to do so while remaining in their wheelchairs), and 30
(b) to travel in such vehicles in safety and reasonable comfort.
(2) The regulations may, in particular, make provision as to the construction, use
and maintenance of regulated public service vehicles, including provision as
to—
(a) the fitting of equipment to vehicles; 35
(b) equipment to be carried by vehicles;
(c) the design of equipment to be fitted to, or carried by, vehicles;
(d) the fitting and use of restraining devices designed to ensure the
stability of wheelchairs while vehicles are moving;
(e) the position in which wheelchairs are to be secured while vehicles are 40
moving.
(3) In this section “public service vehicle” means a vehicle which is—
(a) adapted to carry more than 8 passengers, and
(b) a public service vehicle for the purposes of the Public Passenger
Vehicles Act 1981; 45
122
EXPLANATORY NOTES
Clause 168: Offence of contravening PSV accessibility regulations
Effect
547. This clause makes it an offence to fail to comply with the requirements of the
regulations or to use or allow to be used on the road a public service vehicle which does not
meet the requirements of the regulations. If an offence is found to have been committed by or
with the consent of a responsible person, such as a director, manager or company secretary,
that individual, as well as the company, is guilty of the offence.
548. The offence is punishable by a fine of up to £2,500.
Background
549. This clause replicates the offence provisions of section 40 of the Disability
Example
• A bus has an accessibility feature removed and is subsequently used on a registered

service. By using, or permitting the vehicle to be used in this condition, an offence is
committed and may lead to the driver and the operator being convicted of the offence
and a fine of up to £2,500 being imposed.
Clause 169: Accessibility certificates
Effect
550. This clause requires a regulated public service vehicle to have an accessibility
certificate to demonstrate that it meets the requirements of the Public Service Vehicle Access
regulations (see clause 167), or an approval certificate (see clause 170), before it can be used
on a road. It also allows the Secretary of State to make regulations relating to applications and
the issue (or copies) of accessibility certificates and providing for vehicle examinations.
E123
Equality Bill
Chapter 2 — Public service vehicles
and in this Chapter “regulated public service vehicle” means a public service
vehicle to which PSV accessibility regulations are expressed to apply.
(4) The regulations may make different provision—
(a) as respects different classes or descriptions of vehicle;
(b) as respects the same class or description of vehicle in different 5
circumstances.
(5) The Secretary of State must not make regulations under this section or section
169 or 170 without consulting—
(a) the Disabled Persons Transport Advisory Committee, and
(b) such other representative organisations as the Secretary of State thinks 10
fit.

(1) A person commits an offence by—
(a) contravening a provision of PSV accessibility regulations;
(b) using on a road a regulated public service vehicle which does not 15
conform with a provision of the regulations with which it is required to
conform;
(c) causing or permitting such a regulated public service vehicle to be used
on a road.
(2) A person guilty of an offence under this section is liable on summary 20
(3) If an offence under this section committed by a body corporate is committed
with the consent or connivance of, or is attributable to neglect on the part of, a
responsible person, the responsible person as well as the body corporate is
guilty of the offence. 25
(4) In subsection (3) a responsible person, in relation to a body corporate, is—
(a) a director, manager, secretary or similar officer;
(b) a person purporting to act in the capacity of a person mentioned in
paragraph (a);
(c) in the case of a body corporate whose affairs are managed by its 30
members, a member.
(5) If, in Scotland, an offence committed by a partnership or an unincorporated
association is committed with the consent or connivance of, or is attributable to
neglect on the part of, a partner or person concerned in the management of the
association, the partner or person as well as the partnership or association is 35
guilty of the offence.

(1) A regulated public service vehicle must not be used on a road unless—
(a) a vehicle examiner has issued a certificate (an “accessibility certificate”)
that such provisions of PSV accessibility regulations as are prescribed 40
are satisfied in respect of the vehicle, or
(b) an approval certificate has been issued under section 170 in respect of
the vehicle.
(2) Regulations may make provision—
123
EXPLANATORY NOTES
Background
551. This clause replicates the provisions contained in section 41 of the Disability
Example
• A bus must have an accessibility certificate showing that it conforms to requirements

about accessibility features, for example, ramps, handrails and wheelchair spaces. The
certificate shows that the bus meets the minimum acceptable standard to enable
disabled passengers to get on and off it and be carried on it in reasonable safety and
comfort.
Clause 170: Approval certificates
Effect
552. This clause allows the Secretary of State to approve a public service vehicle as a “type
vehicle” if the relevant technical requirements are met, and the issue of an approval certificate
if a particular vehicle conforms with a “type vehicle”. This allows a design of vehicle to be
approved as meeting the technical and accessibility requirements. It also contains a power for
the Secretary of State to make regulations relating to applications and the issue (or copies) of
approval certificates and providing for vehicle examinations.
553. The Secretary of State can withdraw approval for a “type vehicle” at any time. When
this happens, no further approval certificates may be issued. The certificates issued prior to
withdrawal remain valid.
Background
Example
• A particular bus manufacturer’s chassis in combination with a body is approved as a

“type vehicle”, and approval certificates are issued in respect of buses conforming to
this design. Modifications are subsequently made to the “type vehicle” which mean
that it no longer meets the technical requirements, so its approval as a “type vehicle” is
withdrawn and no approval certificates will be issued in respect of buses conforming
to the modified design.
E124
Equality Bill
(a) with respect to applications for, and the issue of, accessibility
certificates;
(b) providing for the examination of vehicles in respect of which
applications have been made;
(c) with respect to the issue of copies of accessibility certificates which 5
have been lost or destroyed.
(3) The operator of a regulated public service vehicle commits an offence if the
vehicle is used in contravention of this section.
(4) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale. 10
(5) A power to make regulations under this section is exercisable by the Secretary
of State.
(6) In this section “operator” has the same meaning as in the Public Passenger
Vehicles Act 1981.
170 Approval certificates 15

(1) The Secretary of State may approve a vehicle for the purposes of this section if
satisfied that such provisions of PSV accessibility regulations as are prescribed
for the purposes of section 169 are satisfied in respect of the vehicle.
(2) A vehicle which is so approved is referred to in this section as a “type vehicle”.
(3) Subsection (4) applies if a declaration in the prescribed form is made by an 20
authorised person that a particular vehicle conforms in design, construction
and equipment with a type vehicle.
(4) A vehicle examiner may issue a certificate in the prescribed form (an “approval
certificate”) that it conforms to the type vehicle.
(5) Regulations may make provision— 25
(a) with respect to applications for, and grants of, approval under
subsection (1);
(b) with respect to applications for, and the issue of, approval certificates;
(c) providing for the examination of vehicles in respect of which
applications have been made; 30
(d) with respect to the issue of copies of approval certificates in place of
certificates which have been lost or destroyed.
(6) The Secretary of State may at any time withdraw approval of a type vehicle.
(7) If an approval is withdrawn—
(a) no further approval certificates are to be issued by reference to the type 35
vehicle; but
(b) an approval certificate issued by reference to the type vehicle before the
withdrawal continues to have effect for the purposes of section 169.
(8) A power to make regulations under this section is exercisable by the Secretary
of State. 40
(9) In subsection (3) “authorised person” means a person authorised by the
Secretary of State for the purposes of that subsection.
124
EXPLANATORY NOTES
Clause 171: Special authorisations
Effect
555. This clause contains a power for the Secretary of State to authorise the use of a public
service vehicle in certain circumstances where such a vehicle may not meet the requirements
of regulations under clause 167. It also allows restrictions or conditions to be placed on the use
of such vehicles.
Background
Example
• A new design of vehicle, which does not conform to the current accessibility
regulations, is to be trialled The Secretary of State makes an order allowing the use of
the vehicle in a restricted environment, specifying the permitted areas and times of
operation, so that its performance can be tested.
Clause 172: Reviews and appeals
Effect
557. If the Secretary of State refuses to approve a vehicle as a “type vehicle”, this clause
allows the applicant to ask the Secretary of State to review of the decision on payment of a fee.
It also gives a right of appeal to the Secretary of State of any refusal to issue an accessibility or
approval certificate. It also allows the Secretary of State to set out the appeals procedure in
regulations.
Background
Example
• A vehicle manufacturer is refused approval of a new bus design as a “type vehicle”.

The manufacturer asks the Secretary of State to review the decision and pays the
required fee. The Secretary of State must review the decision and any supporting
written evidence or representations, and can confirm, vary or reverse the original
decision.
E125
Equality Bill
(1) The Secretary of State may by order authorise the use on roads of—
(a) a regulated public service vehicle of a class or description specified by
the order, or
(b) a regulated public service vehicle which is so specified. 5
(2) Nothing in sections 167 to 170 prevents the use of a vehicle in accordance with
the order.
(3) The Secretary of State may by order make provision for securing that
provisions of PSV accessibility regulations apply to regulated public service
vehicles of a description specified by the order, subject to any modifications or 10
exceptions specified by the order.
(4) An order under subsection (1) or (3) may make the authorisation or provision
(as the case may be) subject to such restrictions and conditions as are specified
by or under the order.
(5) Section 194(2) does not require an order under this section that applies only to 15
a specified vehicle, or to vehicles of a specified person, to be made by statutory
instrument; but such an order is as capable of being amended or revoked as an
order made by statutory instrument.

(1) Subsection (2) applies if the Secretary of State refuses an application for the 20
approval of a vehicle under section 170(1) and, before the end of the prescribed
period, the applicant—
(a) asks the Secretary of State to review the decision, and
(b) pays any fee fixed under section 173.
(2) The Secretary of State must— 25
(a) review the decision, and
(b) in doing so, consider any representations made in writing by the
applicant before the end of the prescribed period.
(3) A person applying for an accessibility certificate or an approval certificate may
appeal to the Secretary of State against the refusal of a vehicle examiner to issue 30
the certificate.
(4) An appeal must be made within the prescribed time and in the prescribed
manner.
(5) Regulations may make provision as to the procedure to be followed in
connection with appeals. 35
(6) On the determination of an appeal, the Secretary of State may—
(a) confirm, vary or reverse the decision appealed against;
(b) give directions to the vehicle examiner for giving effect to the Secretary
of State’s decision.
(7) A power to make regulations under this section is exercisable by the Secretary 40
of State.
125
EXPLANATORY NOTES
Clause 173: Fees
Effect
559. This clause contains a power for the Secretary of State make fees regulations and to
charge fees in accordance with them for processing applications for approval as a “type
vehicle”, processing accessibility and approval certificates, issuing duplicate certificates and
conducting reviews and appeals. Fees are not likely to be greater than the amount needed to
cover costs. The clause allows provision for repaying fees in whole or part in certain
circumstances, for example, on a successful appeal.
Background
Example
• An applicant may have to pay a fee for accessibility and approval certificates for a
public service vehicle, to cover the cost of dealing with the application and inspection
process.
Effect
561. This clause explains the meaning of terms used in this chapter, for example,
“accessibility certificate”, “approval certificate”, “PSV accessibility regulations” and
“regulated public service vehicle”.
Chapter 3: Rail vehicles
Clause 175: Rail vehicle accessibility regulations
Effect
562. This clause includes powers for the Secretary of State to make regulations to ensure
that trains, trams and certain other guided transport systems are accessible to disabled people
including wheelchair users.
563. However, due to the limited definition of “rail vehicle” used in this clause, its scope is
limited to rail vehicles which do not operate on the “interoperable rail system”. Regulations
made under this clause could therefore only be applicable for the most part to light rail
vehicles (those used on metro, underground and tram systems and prescribed modes of guided
transport).
E126
Equality Bill
173 Fees
(1) The Secretary of State may charge such fees, payable at such times, as are
prescribed in respect of—
(a) applications for, and grants of, approval under section 170(1);
(b) applications for, and the issue of, accessibility certificates and approval 5
certificates;
(c) copies of such certificates;
(d) reviews and appeals under section 172.
(2) Fees received by the Secretary of State must be paid into the Consolidated
Fund. 10
(3) The power to make regulations under subsection (1) is exercisable by the
Secretary of State.
(4) The regulations may make provision for the repayment of fees, in whole or in
part, in such circumstances as are prescribed.
(5) Before making the regulations the Secretary of State must consult such 15
representative organisations as the Secretary of State thinks fit.
174 Interpretation
In this Chapter—
“accessibility certificate” has the meaning given in section 169(1);
“approval certificate” has the meaning given in section 170(4); 20
“PSV accessibility regulations” has the meaning given in section 167(1);
“regulated public service vehicle” has the meaning given in section 167(3).
CHAPTER 3
RAIL VEHICLES
175 Rail vehicle accessibility regulations 25

(1) The Secretary of State may make regulations (in this Chapter referred to as “rail
vehicle accessibility regulations”) for securing that it is possible for disabled
persons—
(a) to get on to and off regulated rail vehicles in safety and without
unreasonable difficulty; 30
(b) to do so while in wheelchairs;
(c) to travel in such vehicles in safety and reasonable comfort;
(d) to do so while in wheelchairs.
126
EXPLANATORY NOTES
564. All rail vehicles must comply with accessibility standards, or have an appropriate
exemption in place, by no later than 1 January 2020.
565. Before making any regulations under this clause, the Secretary of State must first
consult with the Disabled Persons Transport Advisory Committee and other representative
organisations.
Background
1995 as amended by the Disability Discrimination Act 2005.
Example
• All new rail vehicles introduced on metro, underground or tram systems, or prescribed
modes of guided transport, will need to be fully accessible or seek an exemption
(under clause 176) if there are compelling circumstances which mean they cannot
comply.
E127
Equality Bill
Chapter 3 — Rail vehicles
(2) The regulations may, in particular, make provision as to the construction, use
and maintenance of regulated rail vehicles including provision as to—
(a) the fitting of equipment to vehicles;
(b) equipment to be carried by vehicles;
(c) the design of equipment to be fitted to, or carried by, vehicles; 5
(d) the use of equipment fitted to, or carried by, vehicles;
(e) the toilet facilities to be provided in vehicles;
(f) the location and floor area of the wheelchair accommodation to be
provided in vehicles;
(g) assistance to be given to disabled persons. 10
(3) The regulations may contain different provision—
(a) as respects different classes or descriptions of rail vehicle;
(b) as respects the same class or description of rail vehicle in different
circumstances;
(c) as respects different networks. 15
“network” means any permanent way or other means of guiding or
supporting rail vehicles, or any section of it;
“rail vehicle” means a vehicle constructed or adapted to carry passengers
on a railway, tramway or prescribed system other than a vehicle used 20
in the provision of a service for the carriage of passengers on the high-
speed rail system or the conventional TEN rail system;
“regulated rail vehicle” means a rail vehicle to which provisions of rail
vehicle accessibility regulations are expressed to apply.
(5) In subsection (4)— 25
“conventional TEN rail system” and “high-speed rail system” have the
meaning given in regulation 2(3) of the Railways (Interoperability)
Regulations 2006 (S.I. 2006/397);
“prescribed system” means a system using a mode of guided transport
(“guided transport” having the same meaning as in the Transport and 30
Works Act 1992) that is specified in rail vehicle accessibility
regulations;
“railway” and “tramway” have the same meaning as in the Transport and
Works Act 1992.
(6) The Secretary of State must exercise the power to make rail vehicle accessibility 35
regulations so as to secure that on and after 1 January 2020 every rail vehicle is
a regulated rail vehicle.
(7) Subsection (6) does not affect subsection (3), section 176(1) or section 194(3)(a).
(8) Before making regulations under subsection (1) or section 176 the Secretary of
State must consult— 40
(a) the Disabled Persons Transport Advisory Committee, and
(b) such other representative organisations as the Secretary of State thinks
fit.
127
EXPLANATORY NOTES
Clause 176: exemptions from rail vehicle accessibility regulations
Effect
567. This clause contains a power for the Secretary of State to make orders (“exemption
orders”) authorising a regulated rail vehicle to be used in passenger service even though it
does not comply with accessibility standards, or the way it is to be used would not comply
with such standards.
568. It provides for regulations to specify who may apply for an exemption order, what
information needs to be supplied, how the exemption regime will operate, how long an
exemption order can apply and measures for revocation. This list is not exhaustive.
569. Before granting an exemption order, the Secretary of State must first consult with the
Disabled Persons Transport Advisory Committee and such other persons as considered
appropriate.
Background
1995 as amended by the Disability Discrimination Act 2005.
571. Example
572. The exemption power can be used to exempt a specified rail vehicle, or a rail vehicle
of a specified description or the use of such a vehicle in specified circumstances. So, for
example, all the vehicles used on a particular network (such as a heritage or tourist railway or
tramway) could be exempted.
Clause 177: Procedure for making exemption orders
Effect
571. This clause provides that exemption orders made under clause 176 may, at the
discretion of the Secretary of State, be subject to either the draft affirmative resolution or the
negative resolution procedure. It sets out the procedure for the exercise of this discretion and
enables regulations to be made setting out the criteria under which a decision will be made.
572. The Secretary of State is required to consult Disabled Persons Transport Advisory
Committee, and other appropriate persons, before making such regulations, which are
themselves subject to the draft affirmative resolution procedure.
Background
573. This clause replicates section 67(5A) and 67A of the Disability Discrimination Act
1995 as inserted by the Disability Discrimination Act 2005 (and in force).
E128
Equality Bill
(1) The Secretary of State may by order (an “exemption order”)—
(a) authorise the use for carriage of a regulated rail vehicle even though the
vehicle does not conform with the provisions of rail vehicle
accessibility regulations with which it is required to conform; 5
(b) authorise a regulated rail vehicle to be used for carriage otherwise than
in conformity with the provisions of rail vehicle accessibility
regulations with which use of the vehicle is required to conform.
(2) Authority under subsection (1)(a) or (b) may be for—
(a) a regulated rail vehicle that is specified or of a specified description, 10
(b) use in specified circumstances of a regulated rail vehicle, or
(c) use in specified circumstances of a regulated rail vehicle that is
specified or of a specified description.
(3) The Secretary of State may by regulations make provision as to exemption
orders including, in particular, provision as to— 15
(a) the persons by whom applications for exemption orders may be made;
(b) the form in which applications are to be made;
(c) information to be supplied in connection with applications;
(d) the period for which exemption orders are to continue in force;
(e) the revocation of exemption orders. 20
(4) After consulting the Disabled Persons Transport Advisory Committee and
such other persons as the Secretary of State thinks appropriate, the Secretary of
State may—
(a) make an exemption order in the terms of the application for the order;
(b) make an exemption order in such other terms as the Secretary of State 25
thinks appropriate;
(c) refuse to make an exemption order.
(5) The Secretary of State may make an exemption order subject to such conditions
and restrictions as are specified.
(6) “Specified” means specified in an exemption order. 30

(1) A statutory instrument that contains an order under section 176(1), if made
without a draft having been laid before, and approved by a resolution of, each
House of Parliament, is subject to annulment in pursuance of a resolution of
either House. 35
(2) The Secretary of State must consult the Disabled Persons Transport Advisory
Committee before deciding which of the parliamentary procedures available
under subsection (1) is to be adopted in connection with the making of any
particular order under section 176(1).
(3) An order under section 176(1) may be made without a draft of the instrument 40
that contains it having been laid before, and approved by a resolution of, each
House of Parliament only if—
(a) regulations under subsection (4) are in force; and
(b) the making of the order without such laying and approval is in
accordance with the regulations. 45
128
EXPLANATORY NOTES
Clause 178: Annual Report on exemption orders
Effect
574. This clause requires the Secretary of State to produce an annual report (“the report”)
on the use of powers to exempt regulated rail vehicles from accessibility requirements. The
report will be produced for each calendar year and must contain details of all exemption orders
made under clause 176. It must also contain information about the consultation on both
applications for exemption orders and the exercise of discretion under clause 177. The report
must be laid before both Houses of Parliament.
Background
575. This clause replicates the provisions of the Disability Discrimination Act 1995 section
67B as inserted by the Disability Discrimination Act 2005 (and in force).
Clause 179: Rail vehicle accessibility: compliance
Effect
576. This clause relates to the provisions of Schedule 20 which contain powers to introduce
compliance certification and a civil enforcement regime with associated penalties.
577. Commencement of subsection (1) would bring Schedule 20 into effect. However,
subsection (2) provides that, if not commenced (either fully or to any extent) before the end of
2010, the clause and Schedule 20 would be automatically repealed.
Background
578. Schedule 20 replicates the provisions of the Disability Discrimination Act 1995
sections 47A to 47M as inserted by the Disability Discrimination Act 2005 (but not yet in
force).
579. This clause is necessary since the Department for Transport is currently consulting1 on
the reappraisal of the introduction of compliance certification and civil enforcement powers
for rail vehicle accessibility, as provided for by amendments introduced into the Disability
Discrimination Act 1995 by the Disability Discrimination Act 2005 but not yet in force. The
1. Rail Service for Disabled People - Consultation on Improving Accessibility of Light Rail
Vehicles. Available from www.dft.gov.uk/consultations/open.
E129
Equality Bill
(4) The Secretary of State may by regulations set out the basis on which the
Secretary of State, when making an order under section 176(1), will decide
which of the parliamentary procedures available under subsection (1) is to be
adopted in connection with the making of the order.
(5) Before making regulations under subsection (4), the Secretary of State must 5
consult—
(a) the Disabled Persons Transport Advisory Committee; and
(b) such other persons as the Secretary of State considers appropriate.

(1) After the end of each calendar year the Secretary of State must prepare a report 10
on—
(a) the exercise in that year of the power to make orders under section
176(1);
(b) the exercise in that year of the discretion under section 177(1).
(2) A report under subsection (1) must (in particular) contain— 15
(a) details of each order made under section 176(1) in the year in question;
(b) details of consultation carried out under sections 176(4) and 177(2) in
connection with orders made in that year under section 176(1).
(3) The Secretary of State must lay before each House of Parliament each report
prepared under this section. 20

(1) Schedule 20 (rail vehicle accessibility: compliance) has effect.
(2) This section and that Schedule are repealed at the end of 2010 if the Schedule
is not brought into force (either fully or to any extent) before the end of that
year. 25
129
EXPLANATORY NOTES
consultation period ends on 3 July 2009 but, in order to accommodate possible outcomes of
the consultation exercise (i.e. implementation of compliance certification and civil
enforcement powers or otherwise) on the face of the Bill, it has been necessary to include
these provisions in the Schedule.
Clause 180: Interpretation of Chapter 3
Effect
580. This clause includes cross references to explanations as to what is meant by the terms
“rail vehicle”, “regulated rail vehicle” and “rail vehicle accessibility regulations” used
throughout this Chapter of the Bill. It also defines what is meant by use “for carriage”.
Background
581. This clause replicates the provisions of the Disability Discrimination Act 1995 as
amended by the Disability Discrimination Act 2005.
Chapter 4: Supplementary
Clause 181: Forgery etc.
Effect
582. This clause makes it a criminal offence for a person to forge, alter, use, lend, or allow
another person to use a, public service vehicle accessibility certificate, public service vehicle
‘type’ certificate or any exemption certificate issued in respect to assisting disabled passengers
in taxis or carriage of assistance dogs, or to make or have in his possession a document which
resembles such a certificate, with intent to deceive. It is also an offence to knowingly make a
false statement in order to obtain any of these certificates.
Background
583. This clause replicates the effect of provisions inserted in the Disability Discrimination
Act 1995 by the Disability Discrimination Act 2005.
part 13: disability: miscellaneous
E130
Equality Bill
180 Interpretation
(1) In this Chapter—
“rail vehicle” and “regulated rail vehicle” have the meaning given in
section 175(4);
“rail vehicle accessibility regulations” has the meaning given in section 5
175(1).
(2) For the purposes of this Chapter a vehicle is used “for carriage” if it is used for
the carriage of passengers.
CHAPTER 4
SUPPLEMENTARY 10
181 Forgery etc.

(1) In this section “relevant document” means—
(a) an exemption certificate issued under section 159, 162 or 164;
(b) a notice of a kind mentioned in section 159(3)(b), 162(4)(b) or 164(4)(b);
(c) an accessibility certificate (see section 169); 15
(d) an approval certificate (see section 170).
(2) A person commits an offence if, with intent to deceive, the person—
(a) forges, alters or uses a relevant document;
(b) lends a relevant document to another person;
(c) allows a relevant document to be used by another person; 20
(d) makes or has possession of a document which closely resembles a
relevant document.
(3) A person guilty of an offence under subsection (2) is liable—
(a) on summary conviction, to a fine not exceeding the statutory
maximum; 25
(b) on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine or to both.
(4) A person commits an offence by knowingly making a false statement for the
purpose of obtaining an accessibility certificate or an approval certificate.
(5) A person guilty of an offence under subsection (4) is liable on summary 30
130
EXPLANATORY NOTES
Clause 182: Reasonable adjustments
Effect
584. This clause applies the supplementary provisions on reasonable adjustments set out in
Schedule 21 to the fields of services, premises, work, education, and associations where a
person providing a service, or delivering functions, an employer, or an education provider, or
an association is required to consider reasonable adjustments to premises which it rents and
would require the landlord’s consent to proceed.
Clause 183: Improvements to let dwelling houses
Effect
585. This clause provides a procedure for a disabled tenant or occupier of rented residential
premises to seek consent to make a disability-related improvement to the premises where the
lease allows a tenant to make an improvement only with the consent of the landlord. The
landlord may not unreasonably withhold consent, but may place reasonable conditions on the
consent. A landlord who refuses consent must set out the reasons for that refusal. In deciding
whether a refusal or condition is unreasonable, the onus is on the landlord to show that it is
not. This clause applies to all leases of residential property used as the occupier or tenant’s
only or main residence, other than a protected tenancy, a statutory tenancy or a secure tenancy.
That is because similar rights already apply in respect of those tenancies under the Housing
Acts 1980 and 1985.
586. This clause applies only in England and Wales.
Background
Examples
• A disabled tenant who has mobility problems asks her landlord to consent to the
installation of a walk-in shower and a grab rail to help her use the lavatory. Her
landlord refuses consent. It would be for the landlord to give reasons for the refusal,
and to show that it was not unreasonable.
• The landlord consents to the fitting of the grab rail and shower, on condition that their
colour matches the other bathroom fittings, and that they must be removed if the
disabled person moves out of the property. These might be reasonable conditions, but
it is for the landlord to show that they are.
E131
Equality Bill
Part 13 — Disability: miscellaneous
PART 13

Schedule 21 (reasonable adjustments: supplementary) has effect.
183 Improvements to let dwelling houses 5

(1) This section applies in relation to a lease of a dwelling house if each of the
following applies—
(a) the tenancy is not a protected tenancy, a statutory tenancy or a secure
tenancy;
(b) the tenant or another person occupying or intending to occupy the 10
premises is a disabled person (D);
(c) D occupies or intends to occupy the premises as D’s only or main home;
(d) the tenant is entitled, with the consent of the landlord, to make
improvements to the premises;
(e) the tenant applies to the landlord for consent to make a relevant 15
improvement.
(2) Where the tenant applies in writing for the consent—
(a) if the landlord refuses to give consent, the landlord must give the
tenant a written statement of the reason why the consent was withheld;
(b) if the landlord neither gives nor refuses to give consent within a 20
reasonable time, consent must be taken to have been unreasonably
withheld.
(3) If the landlord gives consent subject to a condition which is unreasonable, the
consent must be taken to have been unreasonably withheld.
(4) If the landlord’s consent is unreasonably withheld, it must be taken to have 25
been given.
(5) On any question as to whether—
(a) consent was unreasonably withheld, or
(b) a condition imposed was unreasonable,
it is for the landlord to show that it was not. 30
(6) If the tenant fails to comply with a reasonable condition imposed by the
landlord on the making of a relevant improvement, the failure is to be treated
as a breach by the tenant of an obligation of the tenancy.
(7) An improvement to premises is a relevant improvement if, having regard to
D’s disability, it is likely to facilitate D’s enjoyment of the premises. 35
131
EXPLANATORY NOTES
Part 14: General exceptions
Clause 184: Statutory provisions
Effect
588. This clause gives effect to Schedule 22, which allows differential treatment which
would otherwise be made unlawful by specific parts of the Bill, where that is required by law.
It also allows differential treatment of pregnant women for their own protection, and allows
people of particular religions or beliefs to be appointed to specified educational posts. It also
allows rules about Crown employment to provide for differential treatment on the basis of
nationality.
Clause 185: National security
Effect
589. This clause ensures that the Bill does not make it unlawful to do anything which is
proportionate in order to safeguard national security.
Background
590. The clause replaces similar exceptions in current legislation, narrowing those which
excuse disability discrimination in some areas or sex discrimination. For the first time, it
provides a national security exception in relation to age and sexual orientation discrimination
outside work.
E132
Equality Bill
Part 13 — Disability: miscellaneous
(8) Subsections (2) to (7) apply only in so far as provision of a like nature is not
made by the lease.
“improvement” means an alteration in or addition to the premises and
includes— 5
(a) an addition to or alteration in the landlord’s fittings and
fixtures;
(b) an addition or alteration connected with the provision of
services to the premises;
(c) the erection of a wireless or television aerial; 10
(d) carrying out external decoration.
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant”
are to be construed accordingly;
“protected tenancy” has the same meaning as in section 1 of the Rent Act
1977; 15
“statutory tenancy” must be construed in accordance with section 2 of that
Act;
“secure tenancy” has the same meaning as in section 79 of the Housing Act
1985.
PART 14 20
GENERAL EXCEPTIONS

Schedule 22 has effect.

A person does not contravene this Act only by doing, for the purpose of 25
safeguarding national security, anything it is proportionate to do for that
purpose.
132
EXPLANATORY NOTES
Example
• Denying people of a particular nationality access to sensitive information is not

unlawful race discrimination under the Bill if it is proportionate in order to guard
against terrorist attacks.
Clause 186: Charities
Effect
591. This clause allows charities to provide benefits only to people who share the same
protected characteristic (for example sex, sexual orientation or disability), if this is in line with
their charitable instrument and if it is objectively justified or to prevent or compensate for
disadvantage. It remains unlawful for them to limit their beneficiaries by reference to their
colour – and if they do their charitable instrument will be applied as if that limitation did not
exist.
592. Charities must not restrict benefits consisting of employment, contract work or
vocational training to people who share a protected characteristic, except that the clause does
allow people to provide, and the Government to agree, arrangements for, supported
employment only for people with the same disability, or disabilities of a description to be set
out in Regulations.
593. The clause also allows certain charities to make acceptance of a religion or belief a
condition of membership, if they have done so since before 18 May 2005. It also allows
single-sex activities for the purpose of promoting or supporting a charity (such as women only
fun-runs), and allows the charity regulators to exercise their functions in a charity’s interests,
taking account of what is said in its charitable instrument, without contravening the Bill.
Background
594. This clause replicates the effect of separate exceptions in current discrimination law
allowing charities to benefit only people who share a protected characteristic, and creates new
exceptions along these lines for charities benefiting only people of the same age group or with
the same disability.
Examples
• It is lawful for the Women’s Institute to provide educational opportunities only to

women.
• It is lawful for the RNIB to employ, or provide special facilities for, visually impaired
people in preference to other disabled people.
• A charitable instrument enabling the provision of benefits to black members of a

community actually enables the benefits to be provided to all members of that
community.
• It is lawful for the Scout Association to require boys joining the Scouts to promise to
do their best to do their duty to God.
E133
Equality Bill
Part 14 — General exceptions
186 Charities
(1) A person does not contravene this Act only by restricting the provision of
benefits to persons who share a protected characteristic if—
(a) the person acts in pursuance of a charitable instrument, and
(b) the provision of the benefits is within subsection (2). 5
(2) The provision of benefits is within this subsection if it is—
(a) a proportionate means of achieving a legitimate aim, or
(b) for the purpose of preventing or compensating for a disadvantage
linked to the protected characteristic.
(3) It is not a contravention of this Act for— 10
(a) a person who provides supported employment to treat persons who
have the same disability or a disability of a prescribed description more
favourably than those who do not have that disability or a disability of
such a description in providing such employment;
(b) a Minister of the Crown to agree to arrangements for the provision of 15
supported employment which will, or may, have that effect.
(4) If a charitable instrument enables the provision of benefits to persons of a class
defined by reference to colour, it has effect for all purposes as if it enabled the
provision of such benefits—
(a) to persons of the class which results if the reference to colour is ignored, 20
or
(b) if the original class is defined by reference only to colour, to persons
generally.
(5) It is not a contravention of this Act for a charity to require members, or persons
wishing to become members, to make a statement which asserts or implies 25
membership or acceptance of a religion or belief.
(6) Subsection (5) applies only if—
(a) the charity, or an organisation of which it is part, first imposed such a
requirement before 18 May 2005, and
(b) the charity or organisation has not ceased since that date to impose 30
such a requirement.
(7) It is not a contravention of section 27 for a person, in relation to an activity
which is carried on for the purpose of promoting or supporting a charity, to
restrict participation in the activity to persons of one sex.
(8) A charity regulator does not contravene this Act only by exercising a function 35
in relation to a charity in a manner which the regulator thinks is expedient in
the interests of the charity, having regard to the charitable instrument.
(9) Subsection (1) does not apply to a contravention of—
(a) section 36;
(b) section 37; 40
133
EXPLANATORY NOTES
• Race for Life, a women-only event which raises money for Cancer Research UK, is
lawful.
Clause 187: Charities: supplementary
Effect
595. This clause makes it clear that clause 186 does not allow charities to restrict their
benefits to people because of colour.
596. It explains what is meant by “charity” and related expressions used in clause 186.
Clause 188: Sport
Effect
597. This clause allows separate sporting competitions to continue to be organised for men
and women where physical strength, stamina or physique are major factors in determining
success or failure, and in which one sex is generally at a disadvantage in comparison with the
other. It also makes it lawful to restrict participation of transsexual people in such
competitions if this is necessary to uphold fair or safe competition, but not otherwise.
598. This clause allows the existing selection arrangements of national sports teams,
regional or local clubs or related associations to continue. It also protects “closed”
competitions where participation is limited to people who meet a requirement relating to
nationality, place of birth or residence.
Background
599. This clause replaces similar provisions in current discrimination law.
Examples
• It would be lawful to make men and women, though not necessarily younger boys and
girls, compete in separate 100 metre races.
• It would be lawful to require participants in a county tennis championship to have

been born in that county or to have lived there for a minimum period prior to the event.
E134
Equality Bill
(c) section 38;

(d) section 52, so far as relating to the provision of vocational training.
(10) Subsection (9) does not apply in relation to disability.

(1) This section applies for the purposes of section 186. 5
(2) That section does not apply to race, so far as relating to colour.
(3) “Charity”—
(a) in relation to England and Wales, has the meaning given by the
Charities Act 2006;
(b) in relation to Scotland, means a body entered in the Scottish Charity 10
Register.
(4) “Charitable instrument” means an instrument establishing or governing a
charity (including an instrument made or having effect before the
commencement of this section).
(5) The charity regulators are— 15
(a) the Charity Commission for England and Wales;
(b) the Scottish Charity Regulator.
(6) “Supported employment” means facilities provided, or in respect of which
payments are made, under section 15 of the Disabled Persons (Employment)
Act 1944. 20
188 Sport
(1) A person does not contravene this Act, so far as relating to sex, only by doing
anything in relation to the participation of another as a competitor in a gender-
affected activity.
(2) A person does not contravene section 27, 31, 32 or 33, so far as relating to 25
gender reassignment, only by doing anything in relation to the participation of
a transsexual person as a competitor in a gender-affected activity if it is
necessary to do so to secure in relation to the activity—
(a) fair competition, or
(b) the safety of competitors. 30
(3) A gender-affected activity is a sport, game or other activity of a competitive
nature in circumstances in which the physical strength, stamina or physique of
average persons of one sex would put them at a disadvantage compared to
average persons of the other sex as competitors in events involving the activity.
(4) In considering whether a sport, game or other activity is gender-affected in 35
relation to children, it is appropriate to take account of the age and stage of
development of children who are likely to be competitors.
(5) A person who does anything to which subsection (6) applies does not
contravene this Act only because of the nationality or place of birth of another
or because of the length of time the other has been resident in a particular area 40
or place.
(6) This subsection applies to—
134
EXPLANATORY NOTES
Clause 189: General
Effect
600. This clause gives effect to Schedule 23, which contains a number of general
exceptions to the prohibitions against discrimination and harassment, covering acts authorised
by statute or the Government, organisations relating to religion or belief, communal
accommodation and training provided to people who are not resident in the EEA.
Clause 190: Age
Effect
601. This clause enables a Minister of the Crown to make orders setting out exceptions to
the prohibition on discriminating against people outside the workplace because of age if they
are over 18. These exceptions can relate to particular conduct or practices, or things done for
particular purposes, or things done under particular arrangements, as set out in any order made
under this power
602. Orders under this power may amend primary legislation including the Act resulting
from this Bill and (under clause 194(2)) are subject to the affirmative resolution procedure.
Background
603. This is a new provision designed to allow exceptions to be made from the new
prohibitions on age discrimination in the provision of services and the exercise of public
functions.
Examples
604. Appropriate age based treatment may include the following:
• concessionary travel for older and young people;
• disease prevention programmes such as cancer screening targeted at people in

particular age groups on the basis of clinical evidence;
• age differences in the calculation of annuities and insurance programmes which are
reasonable and based on adequate evidence of the underlying difference in risk;
• holidays for particular age groups.
E135
Equality Bill
(a) selecting one or more persons to represent a country, place or area or a

related association, in a sport or game or other activity of a competitive
nature;
(b) doing anything in pursuance of the rules of a competition so far as
relating to eligibility to compete in a sport or game or other such 5
activity.
189 General
Schedule 23 (general exceptions) has effect.
190 Age
(1) A Minister of the Crown may by order amend this Act to provide that any of 10
the following does not contravene this Act so far as relating to age—
(a) specified conduct;
(b) anything done for a specified purpose;
(c) anything done in pursuance of arrangements of a specified description.
(2) Specified conduct is conduct— 15
(a) of a specified description,
(b) carried out in specified circumstances, or
(c) by or in relation to a person of a specified description.
(3) This section is not affected by any provision of this Act which makes special
provision in relation to age. 20
(4) The references to this Act in subsection (1) do not include references to—
(a) Part 5 (work);
(b) Chapter 2 of Part 6 (further and higher education).
PART 15
GENERAL AND MISCELLANEOUS 25
135
EXPLANATORY NOTES
Part 15: General
Clause 191 Harmonisation
Effect
605. This clause enables a Minister of the Crown to amend the Act resulting from the Bill
and the Equality Act 2006, to ensure consistency across the legislation where changes required
by European law would otherwise result in inconsistent provision. Section 2(2)(a) of the
European Communities Act 1972 allows a Minister by regulations or order to give effect to a
right or obligation arising out of a Community law provision. Where provisions of this Bill
and equality law of the UK more generally deal with a sector on a single basis some of the
matters covered may not be within the reach of European community law and so outside
s.2(2)(a). This arises for instance in the case of nationally and colour which are not dealt with
under the Community law provisions on race discrimination but are covered by the UK
provisions. Section 2(2)(b) of the European Communities Act 1972 would not allow
amendment of all relevant parts of the legislation in these circumstances, because the change
required in respect of, say nationality or colour, would not be consequential on or arising out
of the Community obligation. In order to retain the unitary approach to discrimination law it is
necessary to have a power such as this so that in appropriate cases amendments can also be
made to those areas of the Bill unaffected by new Community law obligations
606. A Minister may use this power only after consulting interested parties, and any
regulations must be laid before each House of Parliament for approval. A Minister must report
to Parliament every five years on use of this power.
Background
607. This is a new provision designed to ensure that the areas of the Bill that are covered by
European law and those that are domestic in origin do not get out of step, as was the case with
the current legislation.
Example
• A future European Court of Justice judgment on the Race Directive requires an

amendment to alter the definition of indirect discrimination. This power could be used
to ensure that any such amendment applies to the “colour and nationality” elements of
race in the Bill, as well as those in relation to which EU law applies.
Clause 192: Crown application
Effect
608. This clause sets out how the Bill applies to Ministers, government departments and
certain statutory bodies – collectively known as the Crown. The clause does not affect the
E136 Sovereign in her private capacity.
Equality Bill
Part 15 — General and miscellaneous
191 Harmonisation
(1) This section applies if—
(a) there is a Community obligation of the United Kingdom which a
Minister of the Crown thinks relates to the subject matter of the
Equality Acts, 5
(b) the obligation is to be implemented by the exercise of the power under
section 2(2) of the European Communities Act 1972 (the implementing
power), and
(c) the Minister thinks that it is appropriate to make harmonising
provision in the Equality Acts. 10
(2) The Minister may by order make the harmonising provision.
(3) Before making the order, the Minister must consult persons and organisations
the Minister thinks are likely to be affected by the harmonising provision.
(4) The consultation must be in such form or manner as the Minister thinks
appropriate. 15
(5) Unless the Minister thinks that the making of the order is a matter of urgency,
the Minister must not make the order before the end of the period of 12 weeks
after the consultation starts.
(6) The Equality Acts are the Equality Act 2006 and this Act.
(7) Harmonising provision is provision made in relation to relevant subject matter 20
of the Equality Acts—
(a) which corresponds to the implementing provision, or
(b) which the Minister thinks is necessary or expedient in consequence of
or related to provision made in pursuance of paragraph (a) or the
implementing provision. 25
(8) The implementing provision is provision made or to be made in exercise of the
implementing power in relation to so much of the subject matter of the
Equality Acts as implements a Community obligation.
(9) Relevant subject matter of the Equality Acts is so much of the subject matter of
those Acts as does not implement a Community obligation. 30
(10) A harmonising provision may amend a provision of the Equality Acts.
(11) The reference to this Act does not include a reference to this section or Schedule
24 or to a provision specified in that Schedule.
(12) A Minister of the Crown must report to Parliament on the exercise of the power
under subsection (2)— 35
(a) at the end of the period of 5 years starting on the day this section comes
into force;
(b) at the end of each succeeding period of 5 years.
Application
192 Crown application 40

(1) The following provisions of this Act bind the Crown—
(a) Part 1 (public sector duty regarding socio-economic inequalities);
136
EXPLANATORY NOTES
Background
609. This clause replicates the effect of similar provisions in current legislation. The
principle is that the machinery of government, both elected and administrative, should be
subject to the Bill in the same way as everybody else, unless there are good reasons for it not
being. The clause also replicates the arrangements in the current discrimination legislation for
taking proceedings against the Crown.
Example
• A government department as employer must not discriminate against an employee on

the grounds of race, just as any other employer is prohibited from doing so under the
Bill.
Clause 193: Information society services
Effect
610. This clause gives effect to Schedule 24, which sets out how the clauses which make it
unlawful to discriminate against, harass or victimise a person because of a protected
characteristic apply to information society service providers (see the explanatory notes to
Schedule 24).
Background
611. The provisions in Schedule 24 are new.
Clause 194: Exercise of power
612. This clause makes provision for the powers to make secondary legislation under the
Bill. Unless it is stated otherwise, they will be exercised by a Minister of the Crown and be
statutory instruments. It also provides that orders and regulations may deal with different
situations differently and include consequential and other provisions dealing with transition to
the new provisions. Under subsection (6), in some cases, such as on commencement of the
provisions of the Act the consequential provision can be used to amend an enactment and can
make specific provision to deal with situations that exist at the time the provisions come into
E137 force.
Equality Bill
(b) Part 3 (services and public functions), so far as relating to the exercise
of public functions;
(c) Chapter 1 of Part 11 (public sector equality duty).
(2) Part 5 (work) binds the Crown as provided for by that Part.
(3) The remainder of this Act applies to Crown acts as it applies to acts done by a 5
private person.
(4) For the purposes of subsection (3), an act is a Crown act if (and only if) it is
done—
(a) by or on behalf of a member of the executive;
(b) by a statutory body acting on behalf of the Crown; 10
(c) by or on behalf of the holder of a statutory office acting on behalf of the
Crown.
(5) A statutory body or office is a body or office established by an enactment.
(6) The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to
proceedings against the Crown under this Act as they apply to proceedings in 15
England and Wales which, as a result of section 23 of that Act, are treated for
the purposes of Part 2 of that Act as civil proceedings by or against the Crown.
(7) The provisions of Part 5 of that Act apply to proceedings against the Crown
under this Act as they apply to proceedings in Scotland which, as a result of
that Part, are treated as civil proceedings by or against the Crown. 20
(8) But the proviso to section 44 of that Act (removal of proceedings from the
sheriff to the Court of Session) does not apply to proceedings under this Act.

Schedule 25 (information society services) has effect.
Subordinate legislation 25

(1) A power to make an order or regulations under this Act is exercisable by a
Minister of the Crown, unless expressly provided to the contrary.
(2) Orders, regulations or rules under this Act must be made by statutory
instrument. 30
137
EXPLANATORY NOTES
Clause 195: Ministers of the Crown
Effect
613. This clause establishes which Parliamentary procedures apply to the regulations and
orders which can be made by Ministers of the Crown under the Bill.
Background
614. In common with any Bill containing powers to make secondary legislation, this clause
is needed to set out the arrangements for how Parliament is to control the use of powers in the
Bill. It provides for any instrument amending any Act (including the Act resulting from this
Bill), any Act of the Scottish Parliament or Act or Measure of the Welsh Assembly to be made
only using the affirmative procedure. There are some exceptions. In a few other cases – for
example where regulations under clause 73 are made to introduce a requirement on employers
to report on their gender pay gap the affirmative procedure must also be used and the relevant
order or regulations must be approved by both Houses of Parliament before they can come into
force.
E138
Equality Bill
(3) Subsection (2) does not apply to—

(a) a transitional exemption order under Part 1 of Schedule 11,
(b) a transitional exemption order under Part 1 of Schedule 12, or
(c) an order under paragraph 1(3) of Schedule 14 that does not modify an
enactment. 5
(4) Orders or regulations under this Act—
(a) may make different provision for different purposes;
(b) may include consequential, incidental, supplementary, transitional,
transitory or saving provision.
(5) Nothing in section 156(4), 167(4) or 175(3) affects the generality of the power 10
under subsection (4)(a).
(6) The power under subsection (4)(b), in its application to section 147, 148(2),
149(5), 190 or 203 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3)
of Schedule 14, includes power to amend an enactment (including, in the case
of section 190, this Act). 15

(1) This section applies where the power to make an order or regulations under
this Act is exercisable by a Minister of the Crown.
(2) A statutory instrument containing (whether alone or with other provision) an
order or regulations that amend this Act or another Act of Parliament, or an 20
Act of the Scottish Parliament or an Act or Measure of the National Assembly
for Wales, is subject to the affirmative procedure.
(3) But a statutory instrument is not subject to the affirmative procedure by virtue
of subsection (2) merely because it contains—
(a) an order under section 2 (socio-economic inequalities); 25
(b) an order under section 56 (local authority functions);
(c) an order under section 145 (power to specify public authorities for the
purposes of the public sector equality duty);
(d) an order under paragraph 1(3) of Schedule 14 that modifies an
enactment (educational charities and endowments). 30
(4) A statutory instrument containing (whether alone or with other provision) an
order or regulations mentioned in subsection (5) is subject to the affirmative
procedure.
(5) The orders and regulations referred to in subsection (4) are—
(a) regulations under section 28 (services: ships and hovercraft); 35
(b) regulations under section 73 (gender pay gap information);
(c) regulations under section 76 (work: ships and hovercraft);
(d) an order under section 100 (election candidates: expiry of provision);
(e) regulations under section 147 or 148(2) (public sector equality duty);
(f) regulations under section 177(4) (rail vehicle accessibility: procedure 40
for exemption orders);
(g) an order under section 191 (Community obligations: harmonisation);
(h) regulations under paragraph 9(3) of Schedule 20 (rail vehicle
accessibility: determination of turnover for purposes of penalties).
138
EXPLANATORY NOTES
Clause 196: The Welsh Ministers
Effect
615. This clause establishes the Parliamentary procedures that apply to regulations and
orders under the Bill made by Welsh Ministers.
616. Most do not automatically need to be considered by the National Assembly for Wales.
However, in most cases they can be opposed, in which case they may be considered by the
Assembly in plenary session. Instruments imposing specific duties on public authorities or
cross border authorities must be considered before they can come into force.
Background
is needed to set out who is to make regulations and orders (usually a Minister), how their effect
may vary according to particular circumstances and the arrangements for Assembly control
over their exercise.
Clause 197: The Scottish Ministers
Effect
618. This clause establishes the parliamentary procedures that apply to regulations and
orders under the Bill made by Scottish Ministers.
619. Most do not automatically need to be debated by the Scottish Parliament. However, in
most cases they can be opposed, in which case a debate may be held. Instruments imposing
E139
Equality Bill
(6) A statutory instrument other than one mentioned in subsection (2) or (4) is
subject to the negative procedure.
(7) But a statutory instrument is not subject to the negative procedure by virtue of
subsection (6) merely because it contains—
(a) an order under section 176(1) (rail vehicle accessibility: exemptions); 5
(b) an order under section 203 (commencement) that does not amend an
Act of Parliament, an Act of the Scottish Parliament or an Act or
Measure of the National Assembly for Wales.
(8) If a statutory instrument is subject to the affirmative procedure, the order or
regulations contained in it must not be made unless a draft of the instrument 10
is laid before and approved by a resolution of each House of Parliament.
(9) If a statutory instrument is subject to the negative procedure, it is subject to
annulment in pursuance of a resolution of either House of Parliament.
(10) If a draft of a statutory instrument mentioned in subsection (2) or (4) would,
apart from this subsection, be treated for the purposes of the Standing Orders 15
of either House of Parliament as a hybrid instrument, it is to proceed in that
House as if it were not a hybrid instrument.

(1) This section applies where the power to make an order or regulations under
this Act is exercisable by the Welsh Ministers. 20
(2) A statutory instrument containing (whether alone or with other provision)
regulations mentioned in subsection (3) is subject to the affirmative procedure.
(3) The regulations referred to in subsection (2) are—
(a) regulations under section 147 or 148(2) (public sector equality duty:
powers to impose specific duties); 25
(b) regulations under section 149(5) that amend an Act of Parliament or an
Act or Measure of the National Assembly for Wales (public sector
equality duty: power to modify or remove specific duties).
(4) A statutory instrument other than one mentioned in subsection (2) is subject to
the negative procedure. 30
(5) If a statutory instrument is subject to the affirmative procedure, the regulations
contained in it must not be made unless a draft of the instrument is laid before
and approved by a resolution of the National Assembly for Wales.
annulment in pursuance of a resolution of the National Assembly for Wales. 35

(1) This section applies where the power to make an order, regulations or rules
under this Act is exercisable by the Scottish Ministers.
(2) A statutory instrument containing (whether alone or with other provision)
regulations mentioned in subsection (3) is subject to the affirmative procedure. 40
139
EXPLANATORY NOTES
specific duties on public authorities or cross border authorities must be debated before they
can come into force.
Background
is needed to set out who is to make regulations and orders (usually a Minister), how their effect
may vary according to particular circumstances and the arrangements for Parliamentary
control over their exercise.
Clause 198: Amendments, repeals and revocations
Effect
621. This clause gives effect to Schedules 26 and 27. Schedule 26 contains amendments to
other Acts which are necessary as a consequence of the Bill’s provisions. Schedule 27 lists the
provisions in current legislation which will cease to have effect when the relevant provisions
of the Bill are brought into force.
Clause 199: General interpretation
Effect
622. This clause explains what is meant by various words and phrases which appear in
more than one Part of the Bill.
Background
623. While a key objective of the Bill is to present discrimination law in plain language and
most words used in the Bill have an ordinarily obvious meaning, it is sometimes necessary to
make clear the specific legal meaning of some words and phrases that are used several times in
the Bill.
624. Other important words and phrases appear in only one Part or Chapter of the Bill.
Where necessary these are defined in the Part or Chapter where they appear. Others are not
defined at all, either because they are clear, or because they are to be interpreted in accordance
with the Interpretation Act 1978.
Examples
• It is necessary to clarify in this clause that “detriment” excludes harassment, to

prevent an overlap with victimisation, which uses “detriment” to describe bad or
unfavourable conduct in retaliation for a person doing some action under the Bill.
E140
Equality Bill
(3) The regulations referred to in subsection (2) are—

(a) regulations under section 147 or 148(2) (public sector equality duty:
powers to impose specific duties);
(b) regulations under section 149(5) that amend an Act of Parliament or an
Act of the Scottish Parliament (public sector equality duty: power to 5
modify or remove specific duties).
(4) A statutory instrument other than one mentioned in subsection (2) is subject to
the negative procedure.
(5) If a statutory instrument is subject to the affirmative procedure, the regulations
contained in it must not be made unless a draft of the instrument is laid before 10
and approved by a resolution of the Scottish Parliament.
annulment in pursuance of a resolution of the Scottish Parliament.
Amendments, etc.
198 Amendments, repeals and revocations 15

(1) Schedule 26 (which contains amendments) has effect.
(2) Schedule 27 (which contains repeals and revocations) has effect.
Interpretation

(1) In this Act— 20
“armed forces” means any of the naval, military or air forces of the Crown;
“the Commission” means the Commission for Equality and Human
Rights;
“detriment” does not include conduct which amounts to harassment;
“the Education Acts” has the meaning given in section 578 of the 25
Education Act 1996;
“employment” and related expressions are (subject to subsection (10)) to
be read with section 78;
“enactment” means an enactment contained in—
(a) an Act of Parliament, 30
(b) an Act of the Scottish Parliament,
(c) an Act or Measure of the National Assembly for Wales, or
(d) subordinate legislation;
“equality clause” means a sex equality clause or maternity equality clause;
“equality rule” means a sex equality rule or maternity equality rule; 35
“man” means a male of any age;
“maternity equality clause” has the meaning given in section 68;
“maternity equality rule” has the meaning given in section 70;
140
EXPLANATORY NOTES
• The Equality and Human Rights Commission is mentioned in a number of clauses. It

therefore makes sense to refer to “the Commission” throughout and define it in this
clause.
• “Parent” is used in a number of places in the Bill, including the victimisation

provisions and several Schedules. Rather than seeking to produce a new definition,
this clause explains that the existing definitions in the relevant Education Acts apply.
E141
Equality Bill
“non-discrimination rule” has the meaning given in section 57;

“occupational pension scheme” has the meaning given in section 1 of the
Pension Schemes Act 1993;
“parent” has the same meaning as in—
(a) the Education Act 1996 (in relation to England and Wales); 5
(b) the Education (Scotland) Act 1980 (in relation to Scotland);
“prescribed” means prescribed by regulations;
“profession” includes a vocation or occupation;
“sex equality clause” has the meaning given in section 61;
“sex equality rule” has the meaning given in section 62; 10
“subordinate legislation” means—
(a) subordinate legislation within the meaning of the Interpretation
Act 1978, or
(b) an instrument made under an Act of the Scottish Parliament or
an Act or Measure of the National Assembly for Wales; 15
“trade” includes any business;
“woman” means a female of any age.
(2) A reference (however expressed) to an act includes a reference to an omission.
(3) A reference (however expressed) to an omission includes (unless there is
express provision to the contrary) a reference to— 20
(a) deliberate omission to do a thing;
(b) refusal to do it;
(c) failure to do it.
(4) A reference (however expressed) to providing or affording access to a benefit,
facility or service includes a reference to facilitating access to the benefit, 25
facility or service.
(5) A reference to occupation, in relation to premises, is a reference to lawful
occupation.
(6) The following are members of the executive—
(a) a Minister of the Crown; 30
(b) a government department;
(c) the Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Assembly Government;
(d) any part of the Scottish Administration.
(7) A reference to a breach of an equality clause or rule is a reference to a breach of 35
a term modified by, or included by virtue of, an equality clause or rule.
(8) A reference to a contravention of this Act does not include a reference to a
breach of an equality clause or rule, unless there is express provision to the
contrary.
(9) “Member”, in relation to an occupational pension scheme, means an active 40
member, a deferred member or a pensioner member (within the meaning, in
each case, given by section 124 of the Pensions Act 1995).
(10) “Employer”, “pension credit member”, “pensionable service”, “pensioner
member” and “trustees or managers” each have, in relation to an occupational
pension scheme, the meaning given by section 124 of the Pensions Act 1995. 45
141
EXPLANATORY NOTES
Clause 200: References to maternity leave, etc.
Effect
625. This clause explains what is meant by the different periods of maternity leave which
are referred to in the Bill.
Background
626. The rights of female employees to statutory maternity leave are provided for in the
Employment Rights Act 1996. Compulsory maternity leave, ordinary maternity leave and
additional maternity leave are the three types of maternity leave provided for in sections 72(1),
71(1) and 73(1) of that Act respectively.
Clause 201: Index of defined expressions
Effect
627. This clause gives effect to, and introduces Schedule 28, which provides an index of
the expressions that are defined in the Bill.
Clause 202: Money
Effect
628. This clause is included to comply with rules of procedure on financial matters. It does
not, of itself, authorise expenditure that is not covered elsewhere in the Bill.
E142
Equality Bill
(11) A reference to the accrual of rights under an occupational pension scheme is to

be construed in accordance with that section.

(1) This section applies for the purpose of this Act.
(2) A reference to a woman on maternity leave is a reference to a woman on— 5
(a) compulsory maternity leave,
(b) ordinary maternity leave, or
(c) additional maternity leave.
(3) A reference to a woman on compulsory maternity leave is a reference to a
woman absent from work because she satisfies the conditions prescribed for 10
the purposes of section 72(1) of the Employment Rights Act 1996.
(4) A reference to a woman on ordinary maternity leave is a reference to a woman
absent from work because she is exercising the right to ordinary maternity
leave.
(5) A reference to the right to ordinary maternity leave is a reference to the right 15
conferred by section 71(1) of the Employment Rights Act 1996.
(6) A reference to a woman on additional maternity leave is a reference to a
woman absent from work because she is exercising the right to additional
maternity leave.
(7) A reference to the right to additional maternity leave is a reference to the right 20
conferred by section 73(1) of the Employment Rights Act 1996.
(8) “Additional maternity leave period” has the meaning given in section 73(2) of
that Act.

Schedule 28 lists the places where expressions used in this Act are defined or 25
otherwise explained.
Final provisions
202 Money
There is to be paid out of money provided by Parliament any increase attributable to
this Act in the expenses of a Minister of the Crown. 30
142
EXPLANATORY NOTES
Clause 203: Commencement
Effect
629. This clause sets out when some of the provisions in the Bill come into effect, and how
the rest will be brought into force. The clauses relating to commencement, short title,
subordinate legislation and interpretation will all come into force automatically on the day on
which the Act receives royal assent. The rest of the Bill will be brought into force by
commencement orders made by a Minister of the Crown. The orders will set out the date on
which specific provisions start to have legal effect.
Clause 204: Extent
Effect
630. This clause explains that all of the provisions of the Bill are part of the law of England
and Wales.
631. All of the provisions of the Bill, except for clause 183 (improvements to let dwelling
houses), are also part of the law of Scotland.
632. In relation to Northern Ireland, the Bill is not part of Northern Ireland’s law, except for
the following,
• clause 77 (offshore work),
• clause 100 (expiry of Sex Discrimination (Election Candidates) Act 2002).
Clause 205: Short title
E143
Equality Bill
203 Commencement
(1) The following provisions come into force on the day on which this Act is
passed—
(a) section 179(2);
(b) this Part (except sections 193 and 198). 5
(2) The other provisions of this Act come into force on such day as a Minister of
the Crown may by order appoint.
204 Extent
(1) This Act forms part of the law of England and Wales.
(2) This Act, apart from section 183 (improvements to let dwelling houses), forms 10
part of the law of Scotland.
(3) Each of the following also forms part of the law of Northern Ireland—
(a) section 77 (offshore work);
(b) section 100(3) and (4) (expiry of Sex Discrimination (Election
Candidates) Act 2002). 15
205 Short title

This Act may be cited as the Equality Act 2009.
143
Equality Bill
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 prohibit 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.
Presented by Ms Harriet Harman

supported by
The Prime Minister, Mr Chancellor of the Exchequer,
Secretary Jack Straw, Secretary Alan Johnson,
Secretary Hazel Blears, Secretary Geoff Hoon,
Secretary Ed Balls, Secretary James Purnell,
The Solicitor General, Mr Pat McFadden and Maria Eagle
Ordered, by The House of Commons,

to be Printed, 24 April 2009.
© Parliamentary copyright House of Commons 2009

Applications for reproduction should be made in writing to the Information Policy Team,
Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU
PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS

LONDON — THE STATIONERY OFFICE LIMITED
Printed in the United Kingdom by
The Stationery Office Limited
£x.xx
Bill 85 -I (xxxxxx) 54/4
xxxbarxxx
Equality Bill (Volume II)
The Bill is divided into two volumes. Volume I contains the Clauses and Volume II
contains the Schedules to the Bill.
CONTENTS
PART 1
SOCIO-ECONOMIC INEQUALITIES

3 Enforcement
PART 2
CHAPTER 1
4 The protected characteristics

5 Age
6 Disability
8 Marriage and civil partnership
9 Race
11 Sex
CHAPTER 2
PROHIBITED CONDUCT
Discrimination
Bill 85 – II 54/4

19 Duty to make adjustments
21 Regulations
22 Comparison by reference to circumstances
Other prohibited conduct

24 Harassment
25 Victimisation
PART 3
Preliminary

27 Provision of services, etc.
Supplementary
PART 4
PREMISES
Preliminary

31 Disposals, etc.
33 Management
Supplementary
ii
PART 5
WORK
CHAPTER 1
EMPLOYMENT, ETC.
Employees
38 Contract workers
Police officers
40 Interpretation
Partners
41 Partnerships
43 Interpretation
The Bar
44 Barristers
45 Advocates
Office-holders
47 Public offices: appointments, etc.
Qualifications
51 Interpretation
Employment services
52 Employment service-providers
53 Interpretation
Trade organisations
54 Trade organisations
Local authority members

iii
56 Interpretation
CHAPTER 2
58 Communications
CHAPTER 3
EQUALITY OF TERMS
Sex equality
60 Equal work
66 Sex discrimination in relation to contractual pay

Supplementary
74 Colleagues
CHAPTER 4
SUPPLEMENTARY

77 Offshore work
iv
PART 6
EDUCATION
CHAPTER 1
SCHOOLS

CHAPTER 2

88 Recreational or training facilities
CHAPTER 3

92 Interpretation
CHAPTER 4
MISCELLANEOUS
PART 7
ASSOCIATIONS
Preliminary
Membership, etc.
97 Guests
98 Sections 96 and 97: further provision
v

Supplementary
PART 8

PART 9
ENFORCEMENT
CHAPTER 1
INTRODUCTORY
107 Proceedings
CHAPTER 2
CIVIL COURTS
108 Jurisdiction
110 Education cases
112 Time limits
113 Remedies
CHAPTER 3
114 Jurisdiction
117 Time limits
vi
CHAPTER 4
EQUALITY OF TERMS
121 Jurisdiction
123 Time limits
129 Supplementary
CHAPTER 5
MISCELLANEOUS
130 Burden of proof

133 Interest
PART 10
CONTRACTS, ETC.

138 Contracting out
Collective agreements and rules of undertakings

Supplementary
142 Interpretation
PART 11
CHAPTER 1
143 Public sector equality duty
vii

150 Enforcement
151 Interpretation
CHAPTER 2
POSITIVE ACTION

PART 12
CHAPTER 1
TAXIS ETC.
154 Taxi accessibility regulations

155 Designated transport facilities
160 Lists of wheelchair-accessible vehicles
164 Assistance dogs in private hire vehicles: exemption certificates
165 Appeals
166 Interpretation
CHAPTER 2

170 Approval certificates
173 Fees
174 Interpretation
viii
CHAPTER 3
RAIL VEHICLES
175 Rail vehicle accessibility regulations

180 Interpretation
CHAPTER 4
SUPPLEMENTARY
181 Forgery etc.
PART 13

183 Improvements to let dwelling houses
PART 14
GENERAL EXCEPTIONS

186 Charities
188 Sport
189 General
190 Age
PART 15
GENERAL AND MISCELLANEOUS
191 Harmonisation
Application
192 Crown application
Subordinate legislation
ix
Amendments, etc.
198 Amendments, repeals and revocations
Interpretation
Final provisions
202 Money
203 Commencement
204 Extent
205 Short title

Part 1 — Determination of disability
Part 2 — Guidance
Schedule 7 — Equality of terms: exceptions
Part 1 — Terms of work
Part 2 — Occupational pension schemes
x

Schedule 15 — Associations: reasonable adjustments
Schedule 27 — Repeals and revocations
Part 1 — Repeals
Part 2 — Revocations
xi
EXPLANATORY NOTES
Schedule 1: Disability: supplementary provision
Effect
634. Part 1 of this Schedule clarifies the definition of disability in clause 3 and provides a
number of regulation making powers to enable the definition to be amended at a later date if
required.
635. Part 2 describes what can be included in guidance about the definition of disability
and prescribes adjudicating bodies which are obliged to take account of guidance, the role of
Ministers in developing and publishing guidance and the associated parliamentary procedures.
Background
636. This Schedule replaces similar provisions in the Disability Discrimination Act 1995.
However, the Bill introduces one change by removing a requirement to consider a list of eight
capacities, such as mobility or speech, hearing or eyesight, when considering whether or not a
person is disabled. This change will make it easier for some people to demonstrate that they
meet the definition of a disabled person. It will assist those who currently find it difficult to
show that their impairment adversely affects their ability to carry out a normal day-to-day
activity which involves one of these capacities.
Examples
• A man with depression finds even the simplest of tasks or decisions difficult, for
example getting up in the morning and getting washed and dressed. He is also forgetful
and can’t plan ahead. Together, these amount to a “substantial adverse effect” on his
ability to carry out normal day-to-day activities. The man has experienced a number
of separate periods of this depression over a period of two years, which have been
diagnosed as part of an underlying mental health condition. The impairment is
therefore considered to be “long-term” and he is a disabled person for the purposes of
the Bill.
E144
Equality Bill
SCHEDULES
SCHEDULE 1 Section 6
DISABILITY: SUPPLEMENTARY PROVISION
PART 1
DETERMINATION OF DISABILITY 5
Impairment
1 Regulations may make provision for a condition of a prescribed description

to be, or not to be, an impairment.
Long-term effects
2 (1) The effect of an impairment is long-term if— 10

(a) it has lasted for at least 12 months,
(b) it is likely to last for at least 12 months, or
(c) it is likely to last for the rest of the life of the person affected.
(2) If an impairment ceases to have a substantial adverse effect on a person’s
ability to carry out normal day-to-day activities, it is to be treated as 15
continuing to have that effect if that effect is likely to recur.
(3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring
is to be disregarded in such circumstances as may be prescribed.
(4) Regulations may prescribe circumstances in which, despite sub-paragraph
(1), an effect is to be treated as being, or as not being, long-term. 20
Severe disfigurement
3 (1) An impairment which consists of a severe disfigurement is to be treated as

having a substantial adverse effect on the ability of the person concerned to
carry out normal day-to-day activities.
(2) Regulations may provide that in prescribed circumstances a severe 25
disfigurement is not to be treated as having that effect.
(3) The regulations may, in particular, make provision in relation to deliberately
acquired disfigurement.
Substantial adverse effects
4 Regulations may make provision for an effect of a prescribed description on 30

the ability of a person to carry out normal day-to-day activities to be treated
as being, or as not being, a substantial adverse effect.
144
EXPLANATORY NOTES
E145
Equality Bill
Effect of medical treatment Part 1 — Determination of disability
5 (1) An impairment is to be treated as having a substantial adverse effect on the
ability of the person concerned to carry out normal day-to-day activities if—
(a) measures are being taken to treat or correct it, and
(b) but for that, it would be likely to have that effect. 5
(2) “Measures” includes, in particular, medical treatment and the use of a
prosthesis or other aid.
(3) Sub-paragraph (1) does not apply—
(a) in relation to the impairment of a person’s sight, to the extent that the
impairment is, in the person’s case, correctable by spectacles or 10
contact lenses or in such other ways as may be prescribed;
(b) in relation to such other impairments as may be prescribed, in such
circumstances as are prescribed.
Certain medical conditions
6 (1) Cancer, HIV infection and multiple sclerosis are each a disability. 15
(2) HIV infection is infection by a virus capable of causing the Acquired
Immune Deficiency Syndrome.
Deemed disability
7 (1) Regulations may provide for persons of prescribed descriptions to be treated

as having disabilities. 20
(2) The regulations may prescribe circumstances in which a person who has a
disability is to be treated as no longer having the disability.
(3) This paragraph does not affect the other provisions of this Schedule.
Progressive conditions
8 (1) This paragraph applies to a person (P) if— 25

(a) P has a progressive condition,
(b) as a result of that condition P has an impairment which has (or had)
an effect on P’s ability to carry out normal day-to-day activities, but
(c) the effect is not (or was not) a substantial adverse effect.
(2) P is to be taken to have an impairment which has a substantial adverse effect 30
if the condition is likely to result in P having such an impairment.
(3) Regulations may make provision for a condition of a prescribed description
to be treated as being, or as not being, progressive.
145
EXPLANATORY NOTES
E146
Equality Bill
Part 2 — Guidance
Past disabilities
9 (1) A question as to whether a person had a disability at a particular time (“the

relevant time”) is to be determined, for the purposes of section 6, as if the
provisions of, or made under, this Act in force when the act complained of
was done had been in force at the relevant time. 5
(2) The relevant time may be a time before the coming into force of the provision
of this Act to which the question relates.
PART 2
GUIDANCE
Preliminary 10
10 This Part of this Schedule applies in relation to guidance referred to in

section 6(5).
Examples
11 The guidance may give examples of—

(a) effects which it would, or would not, be reasonable, in relation to 15
particular activities, to regard as substantial adverse effects;
(b) substantial adverse effects which it would, or would not, be
reasonable to regard as long-term.
Adjudicating bodies
12 (1) In determining whether a person is a disabled person, an adjudicating body 20

must take account of such guidance as it thinks is relevant.
(2) An adjudicating body is—
(a) a court;
(b) a tribunal;
(c) a person (other than a court or tribunal) who may decide a claim 25
relating to a contravention of Part 6 (education).
Representations
13 Before issuing the guidance, the Minister must—

(a) publish a draft of it;
(b) consider any representations made to the Minister about the draft; 30
(c) make such modifications as the Minister thinks appropriate in the
light of the representations.
Parliamentary procedure
14 (1) If the Minister decides to proceed with proposed guidance, a draft of it must
be laid before Parliament. 35
(2) If, before the end of the 40-day period, either House resolves not to approve
the draft, the Minister must take no further steps in relation to the proposed
guidance.
146
EXPLANATORY NOTES
Schedule 2: Services and public functions: reasonable adjustments
Effect
637. This Schedule explains how the duty to make reasonable adjustments in clause 19
applies to a service provider or person exercising a public function where a disabled person is
placed at a substantial disadvantage. It includes definitions of “substantial disadvantage” and
“physical features” and stipulates that the duty does not require fundamental changes to the
nature of the service.
638. This Schedule also explains how the duty to make reasonable adjustments in clause 19
applies to operators of transport vehicles. It specifies that the duty applies in different ways to
different types of vehicle. It provides that a transport service provider is not required to make
adjustments to the physical features of vehicles or to whether vehicles are provided, except in
specified circumstances. It provides a power to make regulations to allow further amendments
to be made to this paragraph in the future.
Background
E147
Equality Bill
Part 2 — Guidance
(3) If no such resolution is made before the end of that period, the Minister must
issue the guidance in the form of the draft.
(4) Sub-paragraph (2) does not prevent a new draft of proposed guidance being
laid before Parliament.
(5) The 40-day period— 5
(a) begins on the date on which the draft is laid before both Houses (or,
if laid before each House on a different date, on the later date);
(b) does not include a period during which Parliament is prorogued or
dissolved;
(c) does not include a period during which both Houses are adjourned 10
for more than 4 days.
In force
15 The guidance comes into force on the day appointed by order by the
Minister.
Revision and revocation 15
16 (1) The Minister may—

(a) revise the whole or part of guidance and re-issue it;
(b) by order revoke guidance.
(2) A reference to guidance includes a reference to guidance which has been
revised and re-issued. 20
SERVICES AND PUBLIC FUNCTIONS: REASONABLE ADJUSTMENTS
Preliminary
1 This Schedule applies where a duty to make reasonable adjustments is

imposed on A by this Part. 25
The duty
2 (1) A must comply with the first, second and third requirements.
(2) For the purposes of this paragraph, the reference in section 19(3), (4) or (5) to
a disabled person is to disabled persons generally.
(3) Section 19 has effect as if, in subsection (4), for “to avoid the disadvantage” 30
there were substituted—
“(a) to avoid the disadvantage, or
(b) to adopt a reasonable alternative method of providing the
service or exercising the function.”
(4) In relation to each requirement, the relevant matter is the provision of the 35
service, or the exercise of the function, by A.
147
EXPLANATORY NOTES
Examples
The manager of a large shop in a national chain installs a ramp, automatic entry doors, hearing
induction loops and waives the “no dogs policy” in respect of assistance dogs, to comply with
the duty to make reasonable adjustments.
• A police officer is carrying out a public function when interviewing a witness who is
deaf. Arranging a British Sign Language / English interpreter for the interview might
be a reasonable adjustment to make.
640. It might be a reasonable adjustment for a rail service provider to arrange an alternative
catering service for disabled people who cannot get to the buffet or dining car, or to provide
assistance from staff where passengers have a sensory or physical impairment.
E148
Equality Bill
(5) Being placed at a substantial disadvantage in relation to the exercise of a

function means—
(a) if a benefit is or may be conferred in the exercise of the function,
being placed at a substantial disadvantage in relation to the
conferment of the benefit, or 5
(b) if a person is or may be subjected to a detriment in the exercise of the
function, suffering an unreasonably adverse experience when being
subjected to the detriment.
(6) In relation to the second requirement, a physical feature includes a physical
feature brought by or on behalf of A, in the course of providing the service 10
or exercising the function, on to premises other than those that A occupies
(as well as including a physical feature in or on premises that A occupies).
(7) If A is a service-provider, nothing in this paragraph requires A to take steps
which would fundamentally alter—
(a) the nature of the service; 15
(b) the nature of A’s trade or profession.
(8) If A exercises a public function, nothing in this paragraph requires A to take
a step which A has no power to take.
Special provision about transport
3 (1) This paragraph applies where A is concerned with the provision of a service 20
which involves transporting people by land, air or water.
(2) It is never reasonable for A to have to take a step which would—
(a) involve the alteration or removal of a physical feature of a vehicle
used in providing the service;
(b) affect whether vehicles are provided; 25
(c) affect what vehicles are provided;
(d) affect what happens in the vehicle while someone is travelling in it.
(3) But, for the purpose of complying with the first or third requirement, A may
not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—
(a) a hire-vehicle designed and constructed for the carriage of 30
passengers, comprising more than 8 seats in addition to the driver’s
seat and having a maximum mass not exceeding 5 tonnes,
(b) a hire-vehicle designed and constructed for the carriage of goods and
having a maximum mass not exceeding 3.5 tonnes,
(c) a vehicle licensed under section 48 of the Local Government 35
(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire
Vehicles (London) Act 1998 (or under a provision of a local Act
corresponding to either of those provisions),
(d) a private hire car (within the meaning of section 23 of the Civic
Government (Scotland) Act 1982), 40
(e) a public service vehicle (within the meaning given by section 1 of the
Public Passenger Vehicles Act 1981),
(f) a vehicle built or adapted to carry passengers on a railway or
tramway (within the meaning, in each case, of the Transport and
Works Act 1992), 45
(g) a taxi,
148
EXPLANATORY NOTES
E149
Equality Bill
(h) a vehicle deployed to transport the driver and passengers of a

vehicle that has broken down or is involved in an accident, or
(i) a vehicle deployed on a system using a mode of guided transport
(within the meaning of the Transport and Works Act 1992).
(4) In so far as the second requirement requires A to adopt a reasonable 5
alternative method of providing the service to disabled persons, A may not,
for the purpose of complying with the requirement, rely on sub-paragraph
(2)(b)(c) or (d) if the vehicle is within sub-paragraph (3)(h).
(5) A may not, for the purpose of complying with the first, second or third
requirement rely on sub-paragraph (2) of this paragraph if A provides the 10
service by way of a hire-vehicle built to carry no more than eight passengers.
(6) For the purposes of sub-paragraph (5) in its application to the second
requirement, a part of a vehicle is to be regarded as a physical feature if it
requires alteration in order to facilitate the provision of—
(a) hand controls to enable a disabled person to operate braking and 15
accelerator systems in the vehicle;
(b) facilities for the stowage of a wheelchair.
(7) For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical
systems are not physical features; and for the purposes of sub-paragraph
(6)(b), fixed seating is not a physical feature. 20
(8) In the case of a vehicle within sub-paragraph (3), a relevant device is not an
auxiliary aid for the purposes of the third requirement.
(9) A relevant device is a device or structure, or equipment, the installation,
operation or maintenance of which would necessitate making a permanent
alteration to, or which would have a permanent effect on, the internal or 25
external fabric of the vehicle.
(10) Regulations may amend this paragraph so as to provide for sub-paragraph
(2) not to apply, or to apply only so far as is prescribed, in relation to vehicles
of a prescribed description.
Interpretation 30
4 (1) This paragraph applies for the purposes of paragraph 3.

(2) A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring
agreement to which section 66 of the Road Traffic Offenders Act 1988
applies.
(3) A “taxi”, in England and Wales, is a vehicle— 35
(a) licensed under section 37 of the Town Police Clauses Act 1847,
(b) licensed under section 6 of the Metropolitan Public Carriage Act
1869, or
(c) drawn by one or more persons or animals.
(4) A “taxi”, in Scotland, is— 40
(a) a hire car engaged, by arrangements made in a public place between
the person to be transported (or a person acting on that person’s
behalf) and the driver, for a journey starting there and then, or
(b) a vehicle drawn by one or more persons or animals.
149
EXPLANATORY NOTES
Schedule 3: services and public functions: exceptions
640. This Schedule sets out exceptions from the prohibitions on discriminating against,
harassing or victimising a person when providing services or exercising a public function set
out in clause 27 of the Bill.
Part 1: Constitutional matters: paragraphs 1-5
Effect
641. Part 1 of this Schedule provides that the prohibitions do not apply to:
• the exercise of parliamentary functions and functions linked to the undertaking of

parliamentary business;
• preparing, making, approving or considering primary legislation or particular forms of

secondary legislation, including legislation of the Scottish Parliament and the National
Assembly for Wales;
• exercising judicial functions or deciding not to commence or continue criminal

proceedings
642. Part 1 also provides that the prohibition on discriminating against a person when
exercising a public function does not apply to the armed forces in respect of the protected
characteristics of age, disability, gender reassignment and sex when the reason for such acts is
to ensure combat effectiveness.
643. It also provides that the prohibitions on discriminating against, harassing or

victimising a person when providing a service or exercising a public function do not apply to
the Security Service, the Security Intelligence Service, the Government Communication
Headquarters (GCHQ) or any part of the armed forces assisting GCHQ.
Background
644. Part 1 of this Schedule is designed to replicate the effect of exceptions contained in
current legislation where discrimination, harassment and victimisation in the exercise of a
public function is already prohibited, and apply the exception to relevant protected
characteristics.
Examples
• Activity related to the preparation and making of primary legislation, such as this Bill,
would be excepted from the prohibition on discrimination. However, activity related to
the making of a bye-law by a local authority would not be within the exceptions in this
Schedule.
• A decision of a judge on the merits of a case would be within the exceptions in this
Schedule. An administrative decision of court staff, about which contractor to use to
carry out maintenance jobs or which supplier to use when ordering stationery would
not be.
E150
Equality Bill
SERVICES AND PUBLIC FUNCTIONS: EXCEPTIONS
PART 1
CONSTITUTIONAL MATTERS
Parliament 5
1 (1) Section 27 does not apply to the exercise of—

(a) a function of Parliament;
(b) a function exercisable in connection with proceedings in Parliament.
(2) Sub-paragraph (1) does not permit anything to be done in contravention of
that section to or in relation to an individual unless it is done by or in 10
pursuance of a resolution or other deliberation of either House or of a
Committee of either House.
Legislation
2 (1) Section 27 does not apply to preparing, making or considering—

(a) an Act of Parliament; 15
(b) a Bill for an Act of Parliament;
(c) an Act of the Scottish Parliament;
(d) a Bill for an Act of the Scottish Parliament;
(e) an Act of the National Assembly for Wales;
(f) a Bill for an Act of the National Assembly for Wales. 20
(2) Section 27 does not apply to preparing, making, approving or considering—
(a) a Measure of the National Assembly for Wales;
(b) a proposed Measure of the National Assembly for Wales.
(3) Section 27 does not apply to preparing, making, confirming, approving or
considering an instrument which is made under an enactment by— 25
(a) a Minister of the Crown;
(b) the Scottish Ministers or a member of the Scottish Executive;
(c) the Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Assembly Government.
(4) Section 27 does not apply to preparing, making, confirming, approving or 30
considering an instrument to which paragraph 6(a) of Schedule 2 to the
Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts
of Synod, orders, etc.) applies.
(5) Section 27 does not apply to anything done in connection with the
preparation, making, consideration, approval or confirmation of an 35
instrument made—
(a) by Her Majesty in Council;
(b) by the Privy Council.
(6) Section 27 does not apply to anything done in connection with the
imposition of a requirement or condition which comes within Schedule 22. 40
150
EXPLANATORY NOTES
Part 2: Education
Education: paragraph 6
Effect
645. Paragraph 6 provides that the prohibitions on discrimination in Part 3 do not, so far as
they relate to age, or religion or belief, apply to a local authority performing its function under
sections 13 and 14 of the Education Act 1996 which relate to providing primary and secondary
schools for children in a given catchment area.
Background
646. Similar exceptions for religion or belief were in the Equality Act 2006. The age
exceptions are new because of the extension of age discrimination law in this Bill.
647. The reason for the provision in paragraph 6 is to prevent a local authority being bound
to provide schools for pupils of different faiths, or no faith, or for particular age groups, in
every catchment area.
Examples
• Catholic parents will not be able to claim that their local authority is discriminating
unlawfully if there is no Catholic school in their catchment area, or if there are fewer
places in Catholic schools than in Church of England schools.
• Parents of secondary age children will not be able to claim that it is age discrimination
if their children have to travel further than younger ones to reach their school.
Effect
648. Paragraph 7 makes similar provision for Scotland as is made by paragraph 6.
Effect
649. This paragraph provides an exception from the prohibition on sex discrimination in
Part 3 in relation only to the establishment of a school. A local authority will not be prevented
from establishing single sex schools, but must provide similar numbers of places for boys and
girls.
Background
650. This provision is designed to replicate the effect of provisions in the Sex
E151
Equality Bill
Judicial functions
3 (1) Section 27 does not apply to—

(a) a judicial function;
(b) anything done on behalf of, or on the instructions of, a person
exercising a judicial function; 5
(c) a decision not to commence or continue criminal proceedings;
(d) anything done for the purpose of reaching, or in pursuance of, a
decision not to commence or continue criminal proceedings.
(2) A reference in sub-paragraph (1) to a judicial function includes a reference
to a judicial function conferred on a person other than a court or tribunal. 10
Armed forces
4 (1) Section 27(6), so far as relating to relevant discrimination, does not apply to
anything done for the purpose of ensuring the combat effectiveness of the
armed forces.
(2) “Relevant discrimination” is— 15
(a) age discrimination;
(b) disability discrimination;
(c) gender reassignment discrimination;
(d) sex discrimination.
Security services, etc. 20
5 Section 27 does not apply to—

(a) the Security Service;
(b) the Secret Intelligence Service;
(c) the Government Communications Headquarters;
(d) a part of the armed forces which is, in accordance with a requirement 25
of the Secretary of State, assisting the Government Communications
Headquarters.
PART 2
EDUCATION
6 In its application to a local authority in England and Wales, section 27, so far 30
as relating to age discrimination or religious or belief-related discrimination,
does not apply to—
(a) the exercise of the authority’s functions under section 14 of the
Education Act 1996 (provision of schools);
(b) the exercise of its function under section 13 of that Act in so far as it 35
relates to a function of its under section 14 of that Act.
7 In its application to an education authority, section 27, so far as relating to
age discrimination or religious or belief-related discrimination, does not
apply to—
(a) the exercise of the authority’s functions under section 17 of the 40
Education (Scotland) Act 1980 (provision of schools);
151
EXPLANATORY NOTES
Effect
651. Paragraph 9 excepts from the prohibition on age discrimination in Part 3 (to the extent
that it is not excepted elsewhere), the exercise by any public authority of functions in a number
of areas that relate to schools.
Background
652. These exceptions ensure that policies and practices which relate to things which
schools are allowed to do under the Bill do not become unlawful when carried out by public
authorities.
Examples
• School admissions policies can continue to be based on the ages of prospective pupils.
• School transport can be provided for children of a particular age only.
Effect
653. Paragraph 10 provides an exception for local authorities, from the provisions requiring
reasonable adjustments in Part 3, in respect of their activities in relation to school education,
from the requirement to alter physical features of premises or provide auxiliary aids and
services when making reasonable adjustments for disabled people.
Background
654. These exceptions are designed to replicate the effect of provisions in the Disability
Discrimination Act 1995 and ensure that local authorities, when carrying out their education
functions, do not have to take account of altering physical features or providing auxiliary aids
and services since such things will fall within the requirements on them to produce
accessibility strategies as set out in Schedule 12. This mirrors the requirements placed on
schools themselves
655. Education: paragraph 11
656. Effect
655. Paragraph 11 provides an exception from the prohibition on religious or belief-related

discrimination in Part 3 (to the extent that it is not excepted elsewhere), in relation to the
exercise by any public authority of functions in a number of areas that relate to faith and non-
faith educational institutions. In relation to all schools those areas are the curriculum,
collective worship, school transport and the establishment, alteration and closure of schools;
and in relation to schools which have a religious ethos the exception also applies to admission
of pupils and the responsible body of such a school.
656. Background
656. This provision is designed to replicate the effect of provisions in Part 2 of the Equality
Act 2006. It ensures that policies and practices which relate to things which schools are
allowed to do under the Bill do not become unlawful when carried out by public authorities.
E152
Equality Bill
(b) the exercise of its functions under section 1 of that Act, section 2 of
the Standards in Scotland’s Schools etc. Act 2000 (asp 6) or section 4
or 5 of the Education (Additional Support for Learning) (Scotland)
Act 2004 (asp 4) (general responsibility for education) in so far as it
relates to a matter specified in paragraph (a); 5
(c) the exercise of its functions under subsection (1) of section 50 of the
Education (Scotland) Act 1980 (education of pupils in exceptional
circumstances) in so far as it consists of making arrangements of the
description referred to in subsection (2) of that section.
8 (1) In its application to a local authority in England and Wales or an education 10
authority, section 27, so far as relating to sex discrimination, does not apply
to the exercise of the authority’s functions in relation to the establishment of
a school.
(2) But nothing in sub-paragraph (1) is to be taken as disapplying section 27 in
relation to the exercise of the authority’s functions under section 14 of the 15
Education Act 1996 or section 17 of the Education (Scotland) Act 1982.
9 Section 27, so far as relating to age discrimination, does not apply in relation
to anything done in connection with—
(a) the curriculum of a school,
(b) admission to a school, 20
(c) transport to or from a school, or
(d) the establishment, alteration or closure of schools.
10 (1) Section 27, so far as relating to disability discrimination, does not require a
local authority in England or Wales exercising functions under the
Education Acts or an education authority exercising relevant functions— 25
(a) to remove or alter a physical feature;
(b) to provide auxiliary aids or services.
(2) Relevant functions are functions under—
(a) the Education (Scotland) Act 1980;
(b) the Education (Scotland) Act 1996; 30
(c) the Standards in Scotland’s Schools etc. Act 2000;
(d) the Education (Additional Support for Learning) (Scotland) Act
2004.
11 Section 27, so far as relating to religious or belief-related discrimination,
does not apply in relation to anything done in connection with— 35
(a) the curriculum of a school;
(b) admission to a school which has a religious ethos;
(c) acts of worship or other religious observance organised by or on
behalf of a school (whether or not forming part of the curriculum);
(d) the responsible body of a school which has a religious ethos; 40
(e) transport to or from a school;
(f) the establishment, alteration or closure of schools.
12 This Part of this Schedule is to be construed in accordance with Chapter 1 of
Part 6.
152
EXPLANATORY NOTES
657. Examples
• a public authority will not be open to claims of religions discrimination as a result of

its decision to establish, alter or close a faith school.
• a local authority can select a person of a particular religion or belief to be a governor

of a school with a religious ethos..
658. Part 3: Health and care
Blood services: paragraph 13
Effect
657. Paragraph 13 provides that it is not unlawful for a person operating a blood service to
refuse to accept someone’s donation of blood provided they have reliable evidence that
accepting it would put the public or the individual donor at risk and that such a refusal would
not be unreasonable.
658. A blood service is a service that collects donations of human blood and blood
components to use for medical purposes, for example the NHS Blood and Transplant Special
Health Authority.
659. “Blood” includes components, for instance plasma or red blood cells.
Background
660. This provision is designed to replicate the effect of Regulation 28 of the Equality Act
(Sexual Orientation) Regulations 2007, and extend the exception to the other protected
characteristics. It also provides that a refusal to allow somebody to donate blood or blood
components because of a risk to the donor’s own health would not be unlawful.
• Examples
• If there is evidence that people who have been sexually active in a particular country
are more likely to be infected with HIV, the operator of the blood service can refuse to
accept donations of blood or blood components from people who have been sexually
active there, even if that disproportionately affects members of a particular nationality
and so might otherwise be unlawful indirect discrimination on the grounds of race.
If there is evidence that women who have recently given birth are likely to suffer detrimental
effects from giving blood or blood components, then a blood service can refuse to accept
donations from them. This would not be unlawful direct discrimination on the grounds of
maternity.
Health and Safety: paragraph 14
Effect
661. Paragraph 14 provides that it is not unlawful for a person to discriminate against a
pregnant woman by refusing to provide her with a service or only providing the service to her
on certain conditions if they reasonably believe that to do otherwise would create a risk to her
health or safety and they would take similar measures in respect of persons with other physical
conditions.
E153
Equality Bill
PART 3
HEALTH AND CARE
Blood services
13 (1) A person operating a blood service does not contravene section 27 only by
refusing to accept a donation of an individual’s blood if— 5
(a) the refusal is because of an assessment of the risk to the public, or to
the individual, based on clinical, epidemiological or other data
obtained from a source on which it is reasonable to rely, and
(b) the refusal is reasonable.
(2) A blood service is a service for the collection and distribution of human 10
blood for the purposes of medical services.
(3) “Blood” includes blood components.
Health and safety
14 (1) A service-provider (A) who refuses to provide the service to a pregnant

woman does not discriminate against her in contravention of section 27 15
because she is pregnant if—
(a) A reasonably believes that providing her with the service would,
because she is pregnant, create a risk to her health or safety,
(b) A refuses to provide the service to persons with other physical
conditions, and 20
(c) the reason for that refusal is that A reasonably believes that
providing the service to such persons would create a risk to their
health or safety.
(2) A service-provider (A) who provides, or offers to provide, the service to a
pregnant woman on conditions does not discriminate against her in 25
contravention of section 27 because she is pregnant if—
(a) the conditions are intended to remove or reduce a risk to her health
or safety,
(b) A reasonably believes that the provision of the service without the
conditions would create a risk to her health or safety, 30
(c) A imposes conditions on the provision of the service to persons with
other physical conditions, and
(d) the reason for the imposition of those conditions is that A reasonably
believes that the provision of the service to such persons without
those conditions would create a risk to their health or safety. 35
Care within the family
15 A person (A) does not contravene section 27 only by participating in

arrangements under which (whether or not for reward) A takes into A’s
home, and treats as members of A’s family, persons requiring particular care
and attention. 40
153
EXPLANATORY NOTES
Background
662. Provisions making it unlawful for a person to discriminate against a pregnant woman
in the provision of services were introduced into the Sex Discrimination Act 1975 by the Sex
Discrimination (Amendment) Regulations 2008. Those provisions contain an equivalent
exception on health and safety grounds.
Example
• A leisure centre could refuse to allow a pregnant woman to use certain gym equipment
(for example, a rowing machine) after a certain point in her pregnancy if it reasonably
believed that allowing her to use the equipment would create a risk to her health and
safety and it would also refuse, for example, to allow a man with a serious heart
condition to use the equipment.
• An airline could refuse to allow a pregnant woman to travel beyond her 35th week of
pregnancy if it reasonably believed that allowing her to travel would create a risk to
her health and safety and it would also refuse people with other physical conditions to
travel.
Care within the family: paragraph 15
Effect
663. Paragraph 15 is designed to ensure that people who provide foster care, or other
similar forms of care, in their own home are not subject to the prohibitions on discriminating
against, harassing or victimising a person in the provision of services while providing that
care.
664. It applies irrespective of whether or not the person is paid for providing the care
service.
Background
665. Similar provisions exist in current legislation for race, religion or belief and sexual
orientation. This provision extends the exception to all of the protected characteristics.
Examples
• A Muslim family could choose to foster only a child of the same religion. This would
not constitute discrimination against a non-Muslim child.
• A woman who is the main carer for her mother decides to provide care for another
person too, and decides to restrict any offer of care to another woman. This would not
constitute discrimination against a man who needed similar care.
Part 4: Immigration
Disability: paragraph 16
Effect
666. Paragraph 16 provides an exception from the prohibition on discriminating against a

person when providing a service or exercising a public function because they have a disability,
in relation to certain immigration decisions, including making a decision not to allow someone
E154
Equality Bill
PART 4
IMMIGRATION
Disability
16 (1) This paragraph applies in relation to disability discrimination.

(2) Section 27 does not apply to— 5
(a) a decision within sub-paragraph (3);
(b) anything done for the purposes of or in pursuance of a decision
within that sub-paragraph.
(3) A decision is within this sub-paragraph if it is a decision (whether or not
taken in accordance with immigration rules) to do any of the following on 10
the ground that doing so is necessary for the public good—
(a) to refuse entry clearance;
(b) to refuse leave to enter or remain in the United Kingdom;
(c) to cancel leave to enter or remain in the United Kingdom;
(d) to vary leave to enter or remain in the United Kingdom; 15
(e) to refuse an application to vary leave to enter or remain in the United
Kingdom.
(4) Section 27 does not apply to—
(a) a decision taken, or guidance given, by the Secretary of State in
connection with a decision within sub-paragraph (3); 20
(b) a decision taken in accordance with guidance given by the Secretary
of State in connection with a decision within that sub-paragraph.
Nationality and ethnic or national origins
17 (1) This paragraph applies in relation to race discrimination so far as relating

to— 25
(a) nationality;
(b) ethnic or national origins.
(2) Section 27 does not apply to anything done by a relevant person in the
exercise of functions exercisable by virtue of a relevant enactment.
(3) A relevant person is— 30
(a) a Minister of the Crown acting personally, or
(b) a person acting in accordance with a relevant authorisation.
(4) A relevant authorisation is a requirement imposed or express authorisation
given—
(a) with respect to a particular case or class of case, by a Minister of the 35
Crown acting personally;
(b) with respect to a particular class of case, by a relevant enactment or
by an instrument made under or by virtue of a relevant enactment.
(5) The relevant enactments are—
(a) the Immigration Acts; 40
(b) the Special Immigration Appeals Commission Act 1997;
154
EXPLANATORY NOTES
to enter the country or a decision not to allow them to remain in the country. However, this
exception only applies where the decision is necessary for the public good.
Background
667. This is a new exception.
668. An express exception was not previously needed since the Disability Discrimination
Act 1995 did not prohibit direct discrimination in the provision of services or exercise of a
public function, and because disability related discrimination, which did apply to the provision
of services or exercise of a public function, could be justified if it was necessary not to
endanger the health or safety of any person.
Example
• A person who arrived at a British airport with TB could be refused entry if this was
considered necessary to protect the health of the general public.
Nationality and ethnic origin: paragraph 17
Effect

person in the provision of services or the exercise of a public function on the grounds of their
ethnic or national origins or nationality, in relation to the exercise of immigration functions.
Background
670. This is designed to replicate the effect of an existing provision in the Race Relations
Act 1976.
Example
• Different visa requirements for nationals of different countries, which arise for a
variety of historical and political reasons, do not constitute unlawful race
discrimination.
• Granting asylum to members of a minority ethnic group being targeted by the majority
ethnic group in a country would similarly not be unlawful discrimination.
Religion or belief: paragraph 18
Effect

person in the provision of services or the exercise of a public function on the grounds of their
religion or belief in relation to decisions not to allow someone to enter the country or to
remove someone from the country, if that decision is made on the grounds that it is conducive
to the public good to exclude that person from the country or it is not desirable to permit the
person to remain in United Kingdom.
672. It also provides an exception for decisions relating to an application for entry
clearance or leave to enter to cover people entering the country to provide services in
connection with religion or belief, such as a minister or clergyman.
E155
Equality Bill
(c) a provision made under section 2(2) of the European Communities
Act 1972 which relates to immigration or asylum;
(d) a provision of Community law which relates to immigration or
asylum.
(6) The reference in sub-paragraph (5)(a) to the Immigration Acts does not 5
include a reference to—
(a) sections 28A to 28K of the Immigration Act 1971 (powers of arrest,
entry and search, etc.), or
(b) section 14 of the Asylum and Immigration (Treatment of Claimants,
etc.) Act 2004 (power of arrest). 10
Religion or belief
18 (1) This paragraph applies in relation to religious or belief-related

discrimination.
(2) Section 27 does not apply to a decision within sub-paragraph (3) or anything
done for the purposes of or in pursuance of a decision within that sub- 15
paragraph.
(3) A decision is within this sub-paragraph if it is a decision taken in accordance
with immigration rules—
(a) to refuse entry clearance or leave to enter the United Kingdom, or to
cancel leave to enter or remain in the United Kingdom, on the 20
grounds that the exclusion of the person from the United Kingdom
is conducive to the public good, or
(b) to vary leave to enter or remain in the United Kingdom, or to refuse
an application to vary leave to enter or remain in the United
Kingdom, on the grounds that it is undesirable to permit the person 25
to remain in the United Kingdom.
(4) Section 27 does not apply to a decision within sub-paragraph (5), or
anything done for the purposes of or in pursuance of a decision within that
sub-paragraph, if the decision is taken on grounds mentioned in sub-
paragraph (6). 30
(5) A decision is within this sub-paragraph if it is a decision (whether or not
taken in accordance with immigration rules) in connection with an
application for entry clearance or for leave to enter or remain in the United
Kingdom.
(6) The grounds referred to in sub-paragraph (4) are— 35
(a) the grounds that a person holds an office or post in connection with
a religion or belief or provides a service in connection with a religion
or belief,
(b) the grounds that a religion or belief is not to be treated in the same
way as certain other religions or beliefs, or 40
(c) the grounds that the exclusion from the United Kingdom of a person
to whom paragraph (a) applies is conducive to the public good.
(7) Section 27 does not apply to—
(a) a decision taken, or guidance given, by the Secretary of State in
connection with a decision within sub-paragraph (3) or (5); 45
155
EXPLANATORY NOTES
Background
673. This is designed to replicates the effect of provisions in the Equality Act 2006.
Example
• The immigration services may differentiate between certain religious groups in order
to allow a person to enter the country to provide religious services, for example,
ministers of religion, missionaries and members of religious orders.
• A decision to prevent a person who holds extreme religious views from entering or
remaining in the country if their presence is not conducive to the public good, for
example, preachers who use the pulpit to incite violence would not constitute unlawful
discrimination on the grounds of religion or belief.
Part 5: Insurance
Disability: paragraph 20
Effect
674. Paragraph 20 provides an exception from the prohibition against discriminating

against disabled people in the provision of services connected with insurance business (as
defined) where the decision in question is based on relevant and reliable information. It
enables insurance providers to offer differential premiums and benefits to disabled people in
certain circumstances where these conditions are satisfied.
Background
Discrimination Act 1995. This exception is being carried forward into the Bill because it is
recognised that insurers may need to distinguish between people on the basis of the risks
against which they are insuring. The consensus is that it works well.
Example
• A disabled person with cancer applies for a life insurance policy. The insurance
company refuses to provide life insurance cover based on a medical report from the
person’s doctor which provides a prognosis on the person’s condition.
• An insurer charges higher premiums for travel insurance for a person with a particular
disability because actuarial evidence suggests that people with this disability are at
increased risk of having a heart attack.
Sex, gender reassignment, pregnancy and maternity: paragraph 21
676. Paragraph 21 provides exceptions to allow insurers to calculate different premiums

and benefits for men and women, relating to pregnancy and maternity or gender reassignment
on the basis of actuarial data.
677. Sub-paragraphs (1) and (2) provide an exception where an annuity, life assurance
policy, accident insurance policy or similar matter which involves the assessment of risk was
entered into before 6 April 2008. Under this exception any premiums or benefits under a
contract of insurance for related financial services that differ for men and women are lawful as
long as the different treatment is reasonable in the light of actuarial or other reliable data. This
E156 paragraph provides continuing protection for things done under pre 6 April 2008 policies.
Equality Bill
(b) a decision taken in accordance with guidance given by the Secretary
of State in connection with a decision within either of those sub-
paragraphs.
Interpretation
19 A reference to entry clearance, leave to enter or remain or immigration rules 5

is to be construed in accordance with the Immigration Act 1971.
PART 5
INSURANCE
Disability
20 (1) It is not a contravention of section 27, so far as relating to disability 10

discrimination, to do anything in connection with insurance business if—
(a) the thing is done by reference to information that is both relevant to
the assessment of the risk to be insured and from a source on which
it is reasonable to rely, and
(b) it is reasonable to do the thing. 15
(2) “Insurance business” means business which consists of effecting or carrying
out contracts of insurance; and that definition is to be read with—
(a) section 22 of the Financial Services and Markets Act 2000;
(b) any relevant order under that Act;
(c) Schedule 2 to that Act. 20
Sex, gender reassignment, pregnancy and maternity
21 (1) It is not a contravention of section 27, so far as relating to relevant

discrimination, to do anything in relation to an annuity, life insurance
policy, accident insurance policy or similar matter involving the assessment
of risk if— 25
(a) the thing is done by reference to actuarial or other data from a source
on which it is reasonable to rely, and
(b) it is reasonable to do the thing.
(2) In the case of a contract of insurance, or a contract for related financial
services, entered into before 6 April 2008, sub-paragraph (1) applies only in 30
relation to differences in premiums and benefits that are applicable to a
person under the contract.
(3) In the case of a contract of insurance, or a contract for related financial
services, entered into on or after 6 April 2008, sub-paragraph (1) applies only
to differences in premiums and benefits if— 35
(a) the use of sex as a factor in the assessment of risk is based on relevant
and accurate actuarial and statistical data,
(b) the data are compiled, published (whether in full or in summary
form) and regularly updated in accordance with guidance issued by
the Treasury, 40
(c) the differences are proportionate having regard to the data, and
156
EXPLANATORY NOTES
678. The exception in sub-paragraph (3) covers contracts of insurance or for related
financial services entered into on or after 6 April 2008. On the basis of relevant and accurate
data which the insurance industry must compile, publish and update, in line with Treasury
guidance, this exception permits proportionate differences in premiums and benefits for men
and women For contracts entered into from 22 December 2008, it will be unlawful if costs
related to a woman’s pregnancy or her having given birth within the previous 26 weeks result
in differences in benefits and premiums.
679. Insurers must calculate premiums and benefits based on the legal sex of the person
seeking such services (sub paragraph (5)).
Background
680. This paragraph is designed to replicate the effect of section 45 Sex Discrimination Act
1975 in respect of insurance and financial services. Services relating to education or premises
are dealt with under Parts 6 and 4 of the Bill.
Examples
• An insurer can lawfully quote higher motor insurance premiums for young men if this
is based on actuarial and statistical up-to-date data that is published so that customers
can see the information that justifies proportionate differences in male and female
premiums and benefits.
Existing insurance policies: paragraph 22
Effect
681. Paragraph 22 provides an exception so that insurers will not be discriminating in
relation to any of the protected characteristics listed by continuing to apply terms of insurance
policies entered into before the date on which this paragraph comes into force. Where pre-
existing policies are renewed, or have their terms reviewed, on or after the date this paragraph
comes into force, the exception no longer applies to them.
Background
682. This paragraph allows for existing insurance policies to have continuing protection for
their pricing structure and other aspects of insurance policy which may not meet subsequently
altered discrimination law. Updated policies would have to be altered to meet with
discrimination law requirements.
Example
• An existing life insurance policy which was taken out in 1989, and has not been
subsequently renewed or reviewed, continues to be lawful and does not have to altered
to comply with current relevant discrimination law.
• A company has a death in service benefit insurance policy for its employees which has
been in place for many years and whose terms have not been reviewed. It benefits
from the exception unless and until the policy is reviewed or renewed.
E157
Equality Bill
(d) the differences do not result from costs related to pregnancy or to a
woman’s having given birth in the period of 26 weeks ending on the
day on which the thing is done.
(4) “Relevant discrimination” is—
(a) gender reassignment discrimination; 5
(b) pregnancy and maternity discrimination;
(c) sex discrimination.
(5) For the purposes of the application of sub-paragraph (3) to gender
reassignment discrimination by virtue of section 13, that section has effect as
if in subsection (1), after “others” there were inserted “of B’s sex”. 10
(6) In the application of sub-paragraph (3) to a contract entered into before 22
December 2008, paragraph (d) is to be ignored.
Existing insurance policies
22 (1) It is not a contravention of section 27, so far as relating to relevant

discrimination, to do anything in connection with insurance business in 15
relation to an existing insurance policy.
(a) age discrimination;
(b) disability discrimination;
(c) gender reassignment discrimination; 20
(d) pregnancy and maternity discrimination;
(e) race discrimination;
(f) religious or belief-related discrimination;
(g) sex discrimination;
(h) sexual orientation discrimination. 25
(3) An existing insurance policy is a policy of insurance entered into before the
date on which this paragraph comes into force.
(4) Sub-paragraph (1) does not apply where an existing insurance policy was
renewed, or the terms of such a policy were reviewed, on or after the date on
which this paragraph comes into force. 30
(5) A review of an existing insurance policy which was part of, or incidental to,
a general reassessment by the service-provider of the pricing structure for a
group of policies is not a review for the purposes of sub-paragraph (4).
(6) In this paragraph—
“insurance business” has the meaning given in paragraph 20; 35
“service-provider” has the meaning given in section 27.
PART 6
SEPARATE AND SINGLE SERVICES
Separate services for the sexes
23 (1) A person does not contravene section 27, so far as relating to sex 40
discrimination, by providing separate services for persons of each sex if—
157
EXPLANATORY NOTES
Part 6: Separate and single services
Separate services for the sexes: paragraph 23
Effect
683. Paragraph 23 contains exceptions to the general prohibition of sex discrimination

which allow the provision of separate services for men and women
684. A provider can deliver separate services for men and women where providing a
combined service would not be as effective. A provider can deliver separate services for men
and women in different ways or to a different extent where providing a combined service
would not be as effective and it would not be reasonably practicable to provide the service
otherwise than as a separate service provided differently for each sex. In each case such
provision has to be justified.
685. The exceptions also cover the exercise of public functions in respect of the “back-
room” managerial, administrative and finance decisions which allow separate services to be
provided.
Background
686. This paragraph replaces similar provisions in the Sex Discrimination Act 1975 that
only cover public functions. The exceptions have been extended to cover all services, whether
privately or publicly provided.
Examples
• It would not be unlawful for a charity to set up separate hostels, one for homeless men
and one for homeless women, where the hostels provide the same level of service to
men and women because the level of need is the same but a unisex hostel would not be
as effective.
• It would not be unlawful for a health authority to set up different services for young
people with eating disorders, where the service for young women is better resourced
than that for young men because a larger proportion of women are affected by eating
disorders.
Single-sex services: paragraph 24
Effect
687. Paragraph 24 contains exceptions to the general prohibition of sex discrimination to

allow the provision of single-sex services.
688. Single sex services are permitted where:
• only people of that sex require it;
• there is joint provision for both sexes but that is not sufficient on its own;
• if the service were provided for men and women jointly, it would not be as effective
and it is not reasonably practicable to provide separate services for each sex;
• they are provided in a hospital or other place where users need special attention (or in
E158 parts of such an establishment);
Equality Bill
(a) a joint service for persons of both sexes would be less effective, and
(b) the limited provision is a proportionate means of achieving a
legitimate aim.
(2) A person does not contravene section 27, so far as relating to sex
discrimination, by providing separate services differently for persons of 5
each sex if—
(a) a joint service for persons of both sexes would be less effective,
(b) the extent to which the service is required by one sex makes it not
reasonably practicable to provide the service otherwise than as a
separate service provided differently for each sex, and 10
(c) the limited provision is a proportionate means of achieving a
legitimate aim.
(3) This paragraph applies to a person exercising a public function in relation to
the provision of a service as it applies to the person providing the service.
Single-sex services 15
24 (1) A person does not contravene section 27, so far as relating to sex
discrimination, by providing a service only to persons of one sex if—
(a) any of the conditions in sub-paragraphs (2) to (7) is satisfied, and
(b) the limited provision is a proportionate means of achieving a
legitimate aim. 20
(2) The condition is that only persons of that sex have need of the service.
(3) The condition is that—
(a) the service is also provided jointly for persons of both sexes, and
(b) the service would be insufficiently effective were it only to be
provided jointly. 25
(4) The condition is that—
(a) a joint service for persons of both sexes would be less effective, and
(b) the extent to which the service is required by persons of each sex
makes it not reasonably practicable to provide separate services.
(5) The condition is that the service is provided at a place which is, or is part 30
of—
(a) a hospital, or
(b) another establishment for persons requiring special care,
supervision or attention.
(6) The condition is that— 35
(a) the service is provided for, or is likely to be used by, two or more
persons at the same time, and
(b) the circumstances are such that a person of one sex might reasonably
object to the presence of a person of the opposite sex.
(7) The condition is that— 40
(a) there is likely to be physical contact between a person (A) to whom
the service is provided and another person (B), and
(b) B might reasonably object if A were not of the same sex as B.
158
EXPLANATORY NOTES
• they may be used by more than one person and a woman might object to the presence
of a man (or vice versa); or
• they may involve physical contact between a user and someone else and that other
person may reasonably object if the user is of the opposite sex.
689. In each case, the separate provision has to be objectively justified.
690. These exceptions also cover public functions in respect of the ‘back-room’
managerial, administrative and finance decisions which allow such single-sex services to be
provided.
Background
691. This paragraph replaces some similar provisions that only covered public functions
and some that applied to services in the Sex Discrimination Act 1975. These exceptions have
been extended to cover both services and public functions.
Examples
692. These exceptions would allow:
• a cervical cancer screening service to be provided to women only, as only women

need the service;
• a “new fathers” support group to be provided by a health authority, as there is

insufficient attendance by men at the new parents’ support group;
• a domestic violence support unit to be set up by a local authority for women only but
there is no men-only unit because of insufficient demand;
• separate male and female wards to be provided in a hospital;
• separate male and female changing rooms to be provided in a department store;
• a massage service to be provided to women only by a female massage therapist with

her own business operating in her clients’ homes because she would feel
uncomfortable massaging men in that environment.
Gender reassignment: paragraph 25
Effect
693. Paragraph 25 contains an exception to the general prohibition of gender reassignment

discrimination in relation to the provision of separate- and single-sex services. Such treatment
by a provider has to be objectively justified.
Background
694. This paragraph replaces a similar provision in the Sex Discrimination Act 1975.
Example
• A clothes shop manager prevents a male to female transsexual person from using the
women’s communal changing rooms. This would be lawful as long as the manager has
E159
Equality Bill
(8) This paragraph applies to a person exercising a public function in relation to
the provision of a service as it applies to the person providing the service.
Gender reassignment
25 (1) A person does not contravene section 27, so far as relating to gender
reassignment discrimination, only because of anything done in relation to a 5
matter within sub-paragraph (2) if the conduct in question is a proportionate
means of achieving a legitimate aim.
(2) The matters are—
(a) the provision of separate services for persons of each sex;
(b) the provision of separate services differently for persons of each sex; 10
(c) the provision of a service only to persons of one sex.
Services relating to religion
26 (1) A minister does not contravene section 27, so far as relating to sex
discrimination, by providing a service only to persons of one sex or separate
services for persons of each sex, if— 15
(a) the service is provided for the purposes of an organised religion,
(b) it is provided at a place which is (permanently or for the time being)
occupied or used for those purposes, and
(c) the limited provision of the service is necessary in order to comply
with the doctrines of the religion or is for the purpose of avoiding 20
conflict with the strongly held religious convictions of a significant
number of the religion’s followers.
(2) The reference to a minister is a reference to a minister of religion, or other
person, who—
(a) performs functions in connection with the religion, and 25
(b) holds an office or appointment in, or is accredited, approved or
recognised for purposes of, a relevant organisation in relation to the
religion.
(3) An organisation is a relevant organisation in relation to a religion if its
purpose is— 30
(a) to practise the religion,
(b) to advance the religion,
(c) to teach the practice or principles of the religion,
(d) to enable persons of the religion to receive benefits, or to engage in
activities, within the framework of that religion, or 35
(e) to foster or maintain good relations between persons of different
religions.
(4) But an organisation is not a relevant organisation in relation to a religion if
its sole or main purpose is commercial.
Services generally provided only for persons who share a protected characteristic 40
27 If a service is generally provided only for persons who share a protected

characteristic, a person (A) who normally provides the service for persons
who share that characteristic does not contravene section 27(1) or (2)—
159
EXPLANATORY NOTES
made a balance between the rights of the transsexual user and those of other users,
taking account of all the circumstances, including the wishes of the transsexual user,
the likely impact on other users and the availability of other facilities.
Services relating to religion: paragraph 26
Effect
695. Paragraph 26 contains an exception to the general prohibition of sex discrimination to

allow ministers of religion to provide separate and single-sex services.
696. The minister can provide such services so long as this is done for religious purposes,
at a place occupied or used for those purposes and it is either necessary either to comply with
the tenets of the religion or for the purpose of avoiding conflict with the strongly held religious
views of a significant number of the religion’s followers. This does not apply to acts of
worship (which are not themselves “services” within the meaning of the Bill so no exception is
required) but to ancillary issues such as separate seating of men and women.
Background
697. This paragraph replaces a similar provision in the Sex Discrimination Act 1975. The
requirement regarding avoiding conflict with the religion’s followers has been altered in order
to give consistency within the Bill and some explanatory provisions have been added for the
same reason.
Example
• A synagogue has separate seating for men and women at a reception following a
religious service.
Services generally provided only for persons who share a protected characteristic: paragraph
27
Effect
698. Paragraph 27 provides that a service provider does not breach the requirement in
clause 27 not to discriminate in the provision of a service if he or she supplies the service in
such a way that it is commonly only used by people with a particular protected characteristic
(for example, women or people of Afro-Caribbean descent) and he or she continues to provide
that service in that way. If it is impracticable to provide the service to someone who does not
share that particular characteristic, a service provider can refuse to provide the service to that
person.
Background
699. This is designed to replicate the effect of provisions currently contained in the Sex
Discrimination Act 1975 and the Equality Act 2006, and extends the clarification they provide
across all other protected characteristics for the first time.
Example
• A hairdresser who provides Afro-Caribbean hairdressing services would not be

required to provide European hair dressing services as well. However, if a white
English person wanted his hair braided and there was no technical difficulty to prevent
that, it would be unlawful for the hairdresser to refuse to provide her services to him.
E160
Equality Bill
(a) by insisting on providing the service in the way A normally provides
it, or
(b) if A reasonably thinks it is impracticable to provide the service to
persons who do not share that characteristic, by refusing to provide
the service. 5
PART 7
TRANSPORT
Application to disability
28 This Part of this Schedule applies in relation to disability discrimination.
Transport by air 10
29 (1) Section 27 does not apply to—

(a) transporting people by air;
(b) a service provided on a vehicle for transporting people by air.
(2) Section 27 does not apply to anything governed by Regulation (EC) No
1107/2006 of the European Parliament and of the Council of 5 July 2006 15
concerning the rights of disabled persons and persons with reduced
mobility when travelling by air.
Transport by land
30 (1) Section 27 does not apply to transporting people by land, unless the vehicle
concerned is— 20
(a) a hire-vehicle designed and constructed for the carriage of
passengers and comprising no more than 8 seats in addition to the
driver’s seat,
(b) a hire-vehicle designed and constructed for the carriage of
passengers, comprising more than 8 seats in addition to the driver’s 25
seat and having a maximum mass not exceeding 5 tonnes,
(c) a hire-vehicle designed and constructed for the carriage of goods and
having a maximum mass not exceeding 3.5 tonnes,
(d) a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire 30
Vehicles (London) Act 1998 (or under a provision of a local Act
corresponding to either of those provisions),
(e) a private hire car (within the meaning of section 23 of the Civic
Government (Scotland) Act 1982),
(f) a public service vehicle (within the meaning given by section 1 of the 35
Public Passenger Vehicles Act 1981),
(g) a vehicle built or adapted to carry passengers on a railway or
tramway (within the meaning, in each case, of the Transport and
Works Act 1992),
(h) a taxi, 40
(i) a vehicle deployed to transport the driver and passengers of a
vehicle that has broken down or is involved in an accident, or
(j) a vehicle deployed on a system using a mode of guided transport
(within the meaning of the Transport and Works Act 1992).
160
EXPLANATORY NOTES
• A butcher who sells halal meat is not required also to sell non-halal meat or kosher
meat. However, if a non-Muslim customer wanted to purchase the meat that was on
offer, he could not refuse to sell it to her.
Part 7: Transport
Application to disability: paragraph 28
Effect
700. Paragraph 28 applies the exceptions listed in paragraphs 29 and 30 in relation to

disability, thereby stipulating the extent to which providers of transport services are bound by
the disability provisions of the Bill.
Background
701. These provisions replicate the effect of existing provisions in the Disability
Transport by air: paragraph 29
Effect
702. Paragraph 29(1) provides an exception to the prohibition against discrimination, so far
as it relates to disability, in respect of the provision of services in connection with air transport.
Clause 28 provides for a power to make regulations in relation to transport by water.
703. Paragraph 29(2) ensures that there is no duplication where there would otherwise be
an overlap between the disability provisions of the Bill and Regulation (EC) No1107/2006 of
the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled
persons and persons with reduced mobility when travelling by air (“EC Regulation 1107/
2006”).
Background
704. These provisions replicate the effect of existing provisions in the Disability
705. Examples
• An airline is required to make reasonable adjustments to its booking services to ensure

that they are accessible to disabled people. It is not required to make adjustments to the
cabin environment inside an aircraft.
• An airport owner charges a disabled person for wheelchair assistance to board an

aircraft. This would be a breach of EC Regulation 1107/2006, so clause 27 of the Bill
would not apply. However, if the same airport owner fails to make adjustments to
allow disabled people to access car parks at the airport, this would fall within scope of
the Bill.
E161
Equality Bill
(2) Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it
applies for the purposes of paragraph 3 of that Schedule.
PART 8
SUPPLEMENTARY
Power to amend 5
31 (1) A Minister of the Crown may by order amend this Schedule—

(a) so as to add, vary or omit an exception to section 27, so far as relating
to disability, religion or belief or sexual orientation;
(b) so as to add, vary or omit an exception to section 27(6), so far as
relating to gender reassignment, pregnancy and maternity, race or 10
sex.
(2) For the purposes of an order under sub-paragraph (1)(a), so far as relating to
disability, which makes provision in relation to transport by air, it does not
matter whether the transport is within or outside the United Kingdom.
(3) An order must not be made unless the Minister has consulted the 15
Commission.
(4) Nothing in this paragraph affects the application of any other provision of
this Act to conduct outside England and Wales or Scotland.
161
EXPLANATORY NOTES
Transport by land: paragraph 30
Effect
706. Paragraph 30 provides an exception from clause 27 for all services of transporting
people by land, except those listed. The definitions of the vehicles listed are contained in
Paragraph 4 of Schedule 2.
Background
707. This paragraph replicates the effect of existing provisions in the Disability
Example
• A train operating company is required to provide a reasonable alternative when a

disabled person is unable to access the buffet car by reason of their disability.
Part 8: Supplementary
Power to amend: paragraph 31
Effect
708. Paragraph 31 contains a power for a Minister of the Crown to vary, remove or add to
the exceptions in this Schedule relating to public functions in respect of disability, gender
reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It
allows a Minister of the Crown also to add, vary or remove the exceptions that relate to the
provision of services but only in relation to disability, religion or belief and sexual orientation.
709. In relation to transport by air, a Minister of the Crown can also vary, remove or add
exceptions in relation to the provision of services and the exercise of public functions for
disability only. For these purposes, it does not matter where the transport in fact takes place.
710. The Minister must consult with the Equality and Human Rights Commission before
exercising the power under this paragraph.
711. Background
711. This reflects the substance of powers contained in current legislation.
Schedule 4: Premises: reasonable adjustments
Effect
applies to a controller of “let” premises or of premises “to let” and to the commonhold
association where a disabled tenant (or prospective tenant) or unitholder in commonhold land
or the disabled person legally occupying the property is placed at a substantial disadvantage,
so that the disabled person can enjoy the premises or make use of them. It stipulates that the
duty does not require the removal or alteration of a physical feature, and makes clear what are
not “physical features” for these purposes. The duty only applies if a request for an adjustment
is made by or on behalf of a disabled person.
E162
Equality Bill
PREMISES: REASONABLE ADJUSTMENTS
Preliminary

162
EXPLANATORY NOTES
713. This Schedule also explains how the duty to make reasonable adjustments in clause 19
applies in relation to “common parts”, for example an entrance hall in a block of flats. These
provisions relate specifically to physical features and set out the process that must be followed
by the person responsible for the common parts (who is either a landlord or, in the case of
commonhold land, the commonhold association) if a disabled tenant or someone on their
behalf requests an adjustment. This includes a consultation process with others affected which
must be carried out within a reasonable period of the request being made. If the responsible
person decides to make an adjustment to avoid the disadvantage to the disabled person, a
written agreement must be entered into between them setting out their rights and
responsibilities.
714. The Schedule also makes it unlawful for a controller or responsible person to
victimise a disabled tenant because costs have been incurred in making a reasonable
adjustment.
Background
However, the Bill introduces a new requirement for disability related alterations to the
physical features of the common parts of let residential premises or premises owned on a
commonhold basis.
Examples
• A housing association would have to consider changing its practice of providing

tenants with a history of mental illness with short-term tenancies only so that it can
assess their suitability before offering them a longer lease. This might be a reasonable
adjustment for the association to make.
• A landlord is asked by a disabled tenant to install a ramp to give her easier access to
the communal entrance door. The landlord must consult all people he thinks would be
affected by the ramp and, if he believes that it is reasonable to provide it, he must enter
into a written agreement with the disabled person setting out matters such as
responsibility for payment for the ramp. The landlord can insist the tenant pays for the
cost of making the alteration.
E163
Equality Bill
The duty in relation to let premises
2 (1) This paragraph applies where A is a controller of let premises.

(2) A must comply with the first and third requirements.
(3) For the purposes of this paragraph, the reference in section 19(3) to a
provision, criterion or practice of A’s includes a reference to a term of the 5
letting.
(4) For those purposes, the reference in section 19(3) or (5) to a disabled person
is a reference to a disabled person who—
(a) is a tenant of the premises, or
(b) is otherwise entitled to occupy them. 10
(5) In relation to each requirement, the relevant matters are—
(a) the enjoyment of the premises;
(b) the use of a benefit or facility, entitlement to which arises as a result
of the letting.
(6) Sub-paragraph (2) applies only if A receives a request from or on behalf of 15
the tenant or a person entitled to occupy the premises to take steps to avoid
the disadvantage or provide the auxiliary aid.
(7) If a term of the letting that prohibits the tenant from making alterations puts
the disabled person at the disadvantage referred to in the first requirement,
A is required to change the term only so far as is necessary to enable the 20
tenant to make alterations to the let premises so as to avoid the
disadvantage.
(8) It is never reasonable for A to have to take a step which would involve the
removal or alteration of a physical feature.
(9) For the purposes of this paragraph, physical features do not include 25
furniture, furnishings, materials, equipment or other chattels in or on the
premises; and none of the following is an alteration of a physical feature—
(a) the replacement or provision of a sign or notice;
(b) the replacement of a tap or door handle;
(c) the replacement, provision or adaptation of a door bell or door entry 30
system;
(d) changes to the colour of a wall, door or any other surface.
(10) The terms of a letting include the terms of an agreement relating to it.
The duty in relation to premises to let
3 (1) This paragraph applies where A is a controller of premises to let. 35

(3) For the purposes of this paragraph, the reference in section 19(3) or (5) to a
disabled person is a reference to a disabled person who is considering taking
a letting of the premises.
(4) In relation to each requirement, the relevant matter is becoming a tenant of 40
the premises.
163
EXPLANATORY NOTES
E164
Equality Bill
(5) Sub-paragraph (2) applies only if A receives a request by or on behalf of a

disabled person within sub-paragraph (3) for A to take steps to avoid the
disadvantage or provide the auxiliary aid.
(6) Nothing in this paragraph requires A to take a step which would involve the
removal or alteration of a physical feature. 5
(7) Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph
as it applies for the purposes of that paragraph.
The duty in relation to commonhold units
4 (1) This paragraph applies where A is a commonhold association; and the

reference to a commonhold association is a reference to the association in its 10
capacity as the person who manages a commonhold unit.
provision, criterion or practice of A’s includes a reference to—
(a) a term of the commonhold community statement, or 15
(b) any other term applicable by virtue of the transfer of the unit to the
unit-holder.
(4) For those purposes, the reference in section 19(3) or (5) to a disabled person
is a reference to a disabled person who—
(a) is the unit-holder, or 20
(b) is otherwise entitled to occupy the unit.
(a) the enjoyment of the unit;
(b) the use of a benefit or facility, entitlement to which arises as a result
of a term within sub-paragraph (3)(a) or (b). 25
(6) Sub-paragraph (2) applies only if A receives a request from or on behalf of
the unit-holder or a person entitled to occupy the unit to take steps to avoid
the disadvantage or provide the auxiliary aid.
(7) If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder
from making alterations puts the disabled person at the disadvantage 30
referred to in the first requirement, A is required to change the term only so
far as is necessary to enable the unit-holder to make alterations to the unit so
as to avoid the disadvantage.
(8) It is never reasonable for A to have to take a step which would involve the
removal or alteration of a physical feature; and sub-paragraph (9) of 35
paragraph 2 applies in relation to a commonhold unit as it applies in relation
to let premises.
The duty in relation to common parts
5 (1) This paragraph applies where A is a responsible person in relation to

common parts. 40
(2) A must comply with the second requirement.
physical feature is a reference to a physical feature of the common parts.
164
EXPLANATORY NOTES
E165
Equality Bill
(4) For those purposes, the reference in section 19(4) to a disabled person is a
reference to a disabled person who—
(a) is a tenant of the premises,
(b) is a unit-holder or, in Scotland, an owner of the premises, or
(c) is otherwise entitled to occupy the premises, 5
and uses or intends to use the premises as the person’s only or main home.
(5) In relation to the second requirement, the relevant matter is the use of the
common parts.
(6) Sub-paragraph (2) applies only if—
(a) A receives a request by or on behalf of a disabled person within sub- 10
paragraph (4) for A to take steps to avoid the disadvantage, and
(b) the steps requested are likely to avoid or reduce the disadvantage.
Consultation on adjustments relating to common parts
6 (1) In deciding whether it is reasonable to take a step for the purposes of

paragraph 5, A must consult— 15
(a) in relation to a tenement in Scotland, all persons entitled to occupy
premises owned by A within the tenement;
(b) in any other case, all persons A thinks would be affected by the step.
(2) The consultation must be carried out within a reasonable period of the
request being made. 20
(3) A is not required to have regard to a view expressed against taking a step in
so far as A reasonably believes that the view is expressed because of the
disabled person’s disability.
(4) Nothing in this paragraph affects anything a commonhold association is
required to do pursuant to Part 1 of the Commonhold and Leasehold Reform 25
Act 2002.
Agreement on adjustments relating to common parts
7 (1) If A decides that it is reasonable to take a step for the purposes of paragraph
5, A and the disabled person must agree in writing the rights and
responsibilities of each of them in relation to the step. 30
(2) An agreement under this paragraph must, in particular, make provision as
to the responsibilities of the parties in relation to—
(a) the costs of any work to be undertaken;
(b) other costs arising from the work;
(c) the restoration of the common parts to their former condition if the 35
relevant disabled person stops living in the premises.
(3) It is always reasonable before the agreement is made for A to insist that the
agreement should require the disabled person to pay—
(a) the costs referred to in paragraphs (a) and (b) of sub-paragraph (2),
and 40
(b) the costs of the restoration referred to in paragraph (c) of that sub-
paragraph.
165
EXPLANATORY NOTES
Schedule 5: Premises: exceptions
Effect
716. This Schedule sets out limited exceptions to the prohibitions on discrimination and
harassment contained in the premises provisions in Part 3 of the Bill.
717. The first exception applies where a person who owns and lives in a property disposes
of all or part of it privately (for example by selling, letting or subletting) without using the
services of an estate agent, or publishing an advertisement.
E166
Equality Bill
(4) If an agreement under this paragraph is made, A’s obligations under the
agreement become part of A’s interest in the common parts and pass on
subsequent disposals accordingly.
(5) Regulations may make provision to require a party to an agreement under
this paragraph to provide, in prescribed circumstances, prescribed 5
information about the agreement to persons of a prescribed description.
(6) The regulations may require the information to be provided in a prescribed
form.
(7) Regulations may make provision as to circumstances in which an agreement
under this paragraph is to cease to have effect, in so far as the agreement 10
does not itself make provision for termination.
Victimisation
8 (1) This paragraph applies where the relevant disabled person comes within
paragraph 2(4)(b), 4(4)(b) or 5(4)(b).
(2) A must not, because of costs incurred in connection with taking steps to 15
comply with a requirement imposed for the purposes of paragraph 2, 4 or 5,
subject to a detriment—
(a) a tenant of the premises, or
(b) the unit-holder or, in Scotland, the owner of the premises.
Regulations 20
9 (1) This paragraph applies for the purposes of section 34 and this Schedule.
(2) Regulations may make provision as to—
(a) circumstances in which premises are to be treated as let, or as not let,
to a person;
(b) circumstances in which premises are to be treated as being, or as not 25
being, to let;
(c) who is to be treated as being, or as not being, a person entitled to
occupy premises otherwise than as tenant or unit-holder;
(d) who is to be treated as being, or as not being, a person by whom
premises are let; 30
(e) who is to be treated as having, or as not having, premises to let;
(f) who is to be treated as being, or as not being, a manager of premises.
(3) Provision made by virtue of this paragraph may amend this Schedule.
PREMISES: EXCEPTIONS 35
Owner-occupier
1 (1) This paragraph applies to the private disposal of premises by an owner-

occupier.
(2) A disposal is a private disposal only if the owner-occupier does not—
166
EXPLANATORY NOTES
718. This exception does not apply to race discrimination in disposing of premises. It only
applies to discrimination in relation to permission to dispose of premises where it is based on
religion or belief or sexual orientation.
719. This exception also exempts a controller of leasehold premises (as defined in clause
34) from the duty to make reasonable adjustments provided that:
• where the premises have been let, the premises are (or have been) the controller’s
main or only home and he has not used the services of a manager since letting the
premises (paragraph 2(1));
• where the premises are to let, they are the controller’s main or only home and he has
not used the service of an estate agent for letting purposes (paragraph 2(3))
720. The second exception applies to disposal, management or occupation of part of small
premises. It applies where a person engaging in the conduct in question, or a relative of that
person, lives in another part of the premises and the premises include facilities shared with
other people who are not part of their household.
721. This exception does not apply to race discrimination when disposing of or giving
permission for the disposal of premises, or in the management of premises.
722. The small premises exception also exempts a controller of premises or a person
responsible in relation to common parts (as defined in clause 34) from the duty to make
reasonable adjustments where the premises are small, where that person or a relative of that
person lives in one part of the premises and residents who are not members of that person’s
household live in another part of the premises. The definitions of “small premises” and
“relative” in paragraph 3 apply.
723. Paragraph 5 contains a power for a Minister of the Crown to amend or repeal the small
premises exception.
Background
724. This Schedule replaces similar provisions in current legislation.
Examples
• A homeowner makes it known that she is preparing to sell her flat privately. A work
colleague expresses an interest in buying it but she refuses to sell it to him because he
is black. That refusal would not be covered by this exception and so would be
unlawful.
• A homeowner makes it known socially that he wants to sell his house privately.
Various prospective buyers come forward and the homeowner opts to sell it to a fellow
Christian. The other prospective buyers cannot claim that they were discriminated
against because the homeowner’s actions were covered by this exception.
• A single woman owns a large house in London and lives on the top floor, although the
bathroom and toilet facilities are on the first floor. The ground floor is unoccupied and
she decides to take in a lodger, sharing the bathroom and toilet facilities. Various
prospective tenants apply but she chooses only to let the ground floor to another
woman. This would be permissible under this exception.
• A Jewish family own a large house but only live in part of it. They decide to let out an
unoccupied floor but any new tenant will have to share kitchen and cooking facilities.
E167
Equality Bill
(a) use the services of an estate agent for the purpose of disposing of the
premises, or
(b) publish (or cause to be published) an advertisement in connection
with their disposal.
(3) Section 31(1) applies only in so far as it relates to race. 5
(4) Section 32(1) does not apply in so far as it relates to—
(a) religion or belief, or
“estate agent” means a person who, by way of profession or trade, 10
provides services for the purpose of—
(a) finding premises for persons seeking them, or
(b) assisting in the disposal of premises;
“owner-occupier” means a person who—
(a) owns an estate or interest in premises, and 15
(b) occupies the whole of them.
2 (1) Section 34(1)(a) does not apply if—
(a) the premises are, or have been, the only or principal home of a
person by whom they are let, and
(b) since entering into the letting, neither that person nor any other by 20
whom they are let has used a manager for managing the premises.
(2) A manager is a person who, by profession or trade, manages let premises.
(3) Section 34(1)(b) does not apply if—
(a) the premises are, or have been, the only or principal home of a
person who has them to let, and 25
(b) neither that person nor any other who has the premises to let uses the
services of an estate agent for letting the premises.
(4) “Estate agent” has the meaning given in paragraph 1.
Small premises
3 (1) This paragraph applies to anything done by a person in relation to the 30

disposal, occupation or management of part of small premises if—
(a) the person or a relative of that person resides, and intends to
continue to reside, in another part of the premises, and
(b) the premises include parts (other than storage areas and means of
access) shared with residents of the premises who are not members 35
of the same household as the resident mentioned in paragraph (a).
(2) Sections 31(1), 32(1) and 33(1) apply only in so far as they relate to race.
(3) Premises are small if—
(a) the only other persons occupying the accommodation occupied by
the resident mentioned in sub-paragraph (1)(a) are members of the 40
same household,
(b) the premises also include accommodation for at least one other
household,
167
EXPLANATORY NOTES
The family choose only to let the unoccupied floor to practising Jews as they are
concerned that otherwise their facilities for keeping their food kosher may be
compromised. This would be permissible under this exception.
Schedule 6: Office-holders: excluded offices
Effect
725. This Schedule provides that an office or post is not treated as a personal or public
office in the Bill in circumstances where the office-holder is protected by one of the other
forms of protection given in Part 5 of the Bill – employment, contract work, employment
services (as they relate to work experience), partnerships, limited liability partnerships,
barristers and advocates. It also provides that political offices, life peerages, and any other
dignity or honour conferred by the Crown are not personal or public offices for the purposes of
E168 the Bill.
Equality Bill
(c) the accommodation for each of those other households is let, or

available for letting, on a separate tenancy or similar agreement, and
(d) the premises are not normally sufficient to accommodate more than
two other households.
(4) Premises are also small if they are not normally sufficient to provide 5
residential accommodation for more than six persons (in addition to the
resident mentioned in sub-paragraph (1)(a) and members of the same
household).
(5) In this paragraph, “relative” means—
(a) spouse or civil partner, 10
(b) unmarried partner,
(c) parent or grandparent,
(d) child or grandchild (whether or not legitimate),
(e) the spouse, civil partner or unmarried partner of a child or
grandchild, 15
(f) brother or sister (whether of full blood or half-blood), or
(g) a relative within paragraph (c), (d), (e) or (f) whose relationship
arises as a result of marriage or civil partnership.
(6) In sub-paragraph (5), a reference to an unmarried partner is a reference to
the other member of a couple consisting of— 20
(a) a man and a woman who are not married to each other but are living
together as husband and wife, or
(b) two people of the same sex who are not civil partners of each other
but are living together as if they were.
4 (1) Section 34(1) does not apply if— 25
(a) the premises in question are small premises,
(b) the relevant person or a relative of that person resides, and intends
to continue to reside, in another part of the premises, and
(c) the premises include parts (other than storage areas and means of
access) shared with residents of the premises who are not members 30
of the same household as the resident mentioned in paragraph (b).
(2) The relevant person is the person who, for the purposes of section 34(1), is—
(a) the controller of the premises, or
(b) the responsible person in relation to the common parts to which the
premises relate. 35
(3) “Small premises” and “relative” have the same meaning as in paragraph 3.
5 A Minister of the Crown may by order amend paragraph 3 or 4.
OFFICE-HOLDERS: EXCLUDED OFFICES
Work to which other provisions apply 40
1 (1) An office or post is not a personal or public office in so far as one or more of
the provisions mentioned in sub-paragraph (2)—
168
EXPLANATORY NOTES
Background
726. The Schedule replaces similar provisions in current legislation. The conferral of
honours and dignities is treated as a public function for the purposes of the Bill, and the
specific provisions formerly found in the Race Relations Act 1976 alone are not replicated.
Public authorities’ activities in relation to honours and dignities will also be subject to the
public sector duties.
Example
• A person appointed as a commissioner of a public body may be both an employee and

an office holder. Such a person will be protected under the employment provisions in
clause 36 as against his employer, and under the office holder provisions in clauses 46
or 47 and 48 as against the person who appointed him and/or any relevant person.
E169
Equality Bill
(a) applies in relation to the office or post, or

(b) would apply in relation to the office or post but for the operation of
some other provision of this Act.
(2) Those provisions are—
(a) section 36 (employment); 5
(b) section 38 (contract work);
(c) section 41 (partnerships).
(d) section 42 (LLPs);
(e) section 44 (barristers);
(f) section 45 (advocates); 10
(g) section 52 (employment services) so far as applying to the provision
of work experience within section 53(2)(a) or arrangements within
section 53(2)(c) for such provision.
Political offices
2 (1) An office or post is not a personal or public office if it is a political office. 15

(2) A political office is an office or post set out in the second column of the
following Table—
Political setting Office or post
Houses of Parliament An office of the House of Commons held

by a member of that House 20
An office of the House of Lords held by a
member of that House
A Ministerial office within the meaning
of section 2 of the House of Commons
Disqualification Act 1975 25
The office of the Leader of the Opposition
within the meaning of the Ministerial and
other Salaries Act 1975
The office of the Chief Opposition Whip,
or of an Assistant Opposition Whip, 30
within the meaning of that Act
Scottish Parliament An office of the Scottish Parliament held
by a member of the Parliament
The office of a member of the Scottish
Executive 35
The office of a junior Scottish Minister
National Assembly for An office of the National Assembly for
Wales Wales held by a member of the Assembly
The office of a member of the Welsh
Assembly Government 40
169
EXPLANATORY NOTES
E170
Equality Bill
Political setting Office or post
Local government in An office of a county council, district

England (outside council or parish council in England held
London) by a member of the council
An office of the Council of the Isles of 5
Scilly held by a member of the Council
Local government in An office of the Greater London
London Authority held by the Mayor of London
or a member of the London Assembly
An office of a London borough council 10
held by a member of the council
An office of the Common Council of the
City of London held by a member of the
Council
Local government in An office of a county council, county 15
Wales borough council or community council in
Wales held by a member of the council
Local government in An office of a council constituted under
Scotland section 2 of the Local Government etc.
(Scotland) Act 1994 held by a member of 20
the council
An office of a council established under
section 51 of the Local Government
(Scotland) Act 1973 held by a member of
the council 25
Political parties An office of a registered political party
(3) The reference to a registered political party is a reference to a party

registered in the Great Britain register under Part 2 of the Political Parties,
Elections and Referendums Act 2000.
Honours etc. 30
3 A life peerage (within the meaning of the Life Peerages Act 1958), or any
other dignity or honour conferred by the Crown, is not a personal or public
office.
170
EXPLANATORY NOTES
Schedule 7: Equality of terms: exceptions
Part 1: Terms of work
Compliance with laws regulating employment of women, etc.
727. Part 1 of this Schedule sets out exceptions to the operation of a sex equality clause or
a maternity equality clause. It provides that such clauses will not have effect on any terms of
employment appointment or service that are governed by laws regulating employment of
women. A few of these remain, mainly for health and safety purposes. A sex equality clause
will also have no effect on terms giving special treatment to women in connection with
pregnancy or childbirth.
Background
728. This Schedule replaces similar provisions in the Equal Pay Act 1970.
Part 2: Occupational pension schemes
Effect
729. Part 2 of this Schedule sets out certain circumstances where a sex equality rule does
not have effect in relation to occupational pension schemes.
730. It allows payments of different amounts for comparable men and women, in
prescribed circumstances, if the difference is only because of differences in retirement benefits
to which men and women are entitled. It permits payment of different amounts where those
differences result from the application of prescribed actuarial factors to the calculation of
employer’s contributions to an occupational pension scheme. It also permits payment of
different amounts where actuarial factors are applied to the determination of certain prescribed
benefits.
731. It also contains a regulation making power to vary or add to these circumstances. The
regulations may make provision for past periods, but not for pensionable service before 17
May 1990.
Background
732. This replaces similar provisions in section 64 of the Pensions Act 1995.
E171
Equality Bill
EQUALITY OF TERMS: EXCEPTIONS
PART 1
TERMS OF WORK
Compliance with laws regulating employment of women, etc. 5
1 Neither a sex equality clause nor a maternity equality clause has effect in
relation to terms of work affected by compliance with laws regulating—
(a) the employment of women;
(b) the appointment of women to personal or public offices.
Pregnancy, etc. 10
2 A sex equality clause does not have effect in relation to terms of work
affording special treatment to women in connection with pregnancy or
childbirth.
PART 2
OCCUPATIONAL PENSION SCHEMES 15
Preliminary
3 (1) A sex equality rule does not have effect in relation to a difference as between
men and women in the effect of a relevant matter if the difference is
permitted by or by virtue of this Part of this Schedule.
(2) “Relevant matter” has the meaning given in section 62. 20
State retirement pensions
4 (1) This paragraph applies where a man and a woman are eligible, in such
circumstances as may be prescribed, to receive different amounts by way of
pension.
(2) The difference is permitted if, in prescribed circumstances, it is attributable 25
only to differences between men and women in the retirement benefits to
which, in prescribed circumstances, the man and woman are or would be
entitled.
(3) “Retirement benefits” are benefits under sections 43 to 55 of the Social
Security Contributions and Benefits Act 1992 (state retirement pensions). 30
Actuarial factors
5 (1) A difference as between men and women is permitted if it consists of

applying to the calculation of the employer’s contributions to an
occupational pension scheme actuarial factors which—
(a) differ for men and women, and 35
(b) are of such description as may be prescribed.
171
EXPLANATORY NOTES
Schedule 8: Work: reasonable adjustments
Effect
applies to an employer, or other persons under Part 5 of the Bill. It sets out the three
requirements of the duty which apply where an “interested” disabled employee or job
applicant is placed at a substantial disadvantage compared to non-disabled employees or
applicants.
734. The tables set out who is an interested disabled person in relation to different
categories of “relevant matters” and the circumstances in which the duty applies in each case.
These tables capture how the duty applies in a number of areas related to work, for example to
qualifications bodies and to trade organisations and there is a regulation making power to
enable further detail to be set out about how the duty applies to local authorities in respect of
disabled members.
735. The Schedule also sets out the circumstances in which lack of knowledge of the
person’s disability or that a disabled person may be an applicant for a job means that the duty
does not apply.
Background
The Schedule provides greater clarity than in the Disability Discrimination Act that a duty to
make reasonable adjustments includes a requirement to provide an auxiliary aid if this would
overcome the substantial disadvantage to the disabled person.
Examples
• An employer provides specially-adapted furniture for a new employee with restricted

movement in his upper limbs. This is likely to be a reasonable adjustment for the
employer to make.
• A large employer is recruiting for posts which routinely attract a high number of
applications. He arranges for large print application forms to be available for any
visually-impaired people applying for a job. This is likely to be a reasonable
adjustment for the employer to make.
E172
Equality Bill
(2) A difference as between men and women is permitted if it consists of
applying to the determination of benefits of such description as may be
prescribed actuarial factors which differ for men and women.
Power to amend
6 (1) A Minister of the Crown may by regulations amend this Part of this 5
Schedule so as to add, vary or omit provision about cases where a difference
as between men and women in the effect of a relevant matter is permitted.
(2) The regulations may make provision about pensionable service before the
date on which they come into force (but not about pensionable service before
17 May 1990). 10
WORK: REASONABLE ADJUSTMENTS
PART 1
INTRODUCTORY
Preliminary 15

imposed on A by this Part of this Act.
The duty
(2) For the purposes of this paragraph— 20
(a) the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b) the reference in section 19(4) to a physical feature is a reference to a
physical feature of premises occupied by A; 25
(c) the reference in section 19(3) or (4) to a disabled person is to an
interested disabled person.
(3) In relation to the first and third requirements, a relevant matter is any matter
specified in the first column of the applicable table in Part 2 of this Schedule.
(4) In relation to the second requirement, a relevant matter is— 30
(a) a matter specified in the second entry of the first column of the
applicable table in Part 2 of this Schedule, or
(b) where there is only one entry in a column, a matter specified there.
(5) If two or more persons are subject to a duty to make reasonable adjustments
in relation to the same interested disabled person, each of them must comply 35
with the duty so far as it is reasonable for each of them to do so.
3 (1) This paragraph applies if a duty to make reasonable adjustments is imposed
on A by section 52 (except where the employment service which A provides
172
EXPLANATORY NOTES
E173
Equality Bill
is the provision of vocational training within the meaning given by section
53(8)(b)).
(2) The reference in section 19(3), (4) and (5) to a disabled person is to an
interested disabled person.
(3) In relation to each requirement, the relevant matter is the employment 5
service which A provides.
(4) Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph
as it applies for the purposes of that paragraph.
PART 2
INTERESTED DISABLED PERSON 10
Preliminary
4 An interested disabled person is a disabled person who, in relation to a

relevant matter, is of a description specified in the second column of the
applicable table in this Part of this Schedule.
Employers (see section 36) 15
5 (1) This paragraph applies where A is an employer.
Relevant matter Description of disabled person
Deciding to whom to offer A person who is, or has notified A that

employment. the person may be, an applicant for the
employment. 20
Employment by A. An applicant for employment by A.
An employee of A’s.
(2) Where A is the employer of a disabled contract worker (B), A must comply
with the first, second and third requirements on each occasion when B is
supplied to a principal to do contract work. 25
(3) In relation to the first requirement (as it applies for the purposes of sub-
paragraph (2))—
of all or most of the principals to whom B is or might be supplied, 30
(b) the reference to being put at a substantial disadvantage is a reference
to being likely to be put at a substantial disadvantage that is the same
or similar in the case of each of the principals referred to in
paragraph (a), and
(c) the requirement imposed on A is a requirement to take such steps as 35
it would be reasonable for A to have to take if the provision, criterion
or practice were applied by or on behalf of A.
(4) In relation to the second requirement (as it applies for the purposes of sub-
paragraph (2))—
173
EXPLANATORY NOTES
E174
Equality Bill
(a) the reference in section 19(4) to a physical feature is a reference to a
physical feature of premises occupied by each of the principals
referred to in sub-paragraph (3)(a),
(b) the reference to being put at a substantial disadvantage is a reference
to being likely to be put at a substantial disadvantage that is the same 5
or similar in the case of each of those principals, and
(c) the requirement imposed on A is a requirement to take such steps as
it would be reasonable for A to have to take if the premises were
occupied by A.
(5) In relation to the third requirement (as it applies for the purposes of sub- 10
paragraph (2))—
(a) the reference in section 19(5) to being put at a substantial
disadvantage is a reference to being likely to be put at a substantial
disadvantage that is the same or similar in the case of each of the
principals referred to in sub-paragraph (3)(a), and 15
(b) the requirement imposed on A is a requirement to take such steps as
it would be reasonable for A to have to take if A were the person to
whom B was supplied.
Principals in contract work (see section 38)
6 (1) This paragraph applies where A is a principal. 20
Contract work that A may make A person who is, or has notified A
available. that the person may be, an applicant
to do the work.
Contract work that A makes A person who is supplied to do the 25
available. work.
(2) A is not required to do anything that a disabled person’s employer is

required to do by virtue of paragraph 5.
Partnerships (see section 41)
7 (1) This paragraph applies where A is a firm or a proposed firm. 30
Deciding to whom to offer a A person who is, or has notified A that

position as a partner. the person may be, a candidate for the
position.
A position as a partner. A candidate for the position. 35
The partner who holds the position.
(2) Where a firm or proposed firm (A) is required by this Schedule to take a step
in relation to an interested disabled person (B)—
174
EXPLANATORY NOTES
E175
Equality Bill
(a) the cost of taking the step is to be treated as an expense of A;
(b) the extent to which B should (if B is or becomes a partner) bear the
cost is not to exceed such amount as is reasonable (having regard in
particular to B’s entitlement to share in A’s profits).
LLPs (see section 42) 5
8 (1) This paragraph applies where A is an LLP or a proposed LLP.

position as a member. the person may be, a candidate for the
position. 10
A position as a member. A candidate for the position.
The member who holds the position.
(2) Where an LLP or proposed LLP (A) is required by this Schedule to take a
step in relation to an interested disabled person (B)—
(a) the cost of taking the step is to be treated as an expense of A; 15
(b) the extent to which B should (if B is or becomes a member) bear the
cost is not to exceed such amount as is reasonable (having regard in
particular to B’s entitlement to share in A’s profits).
Barristers and their clerks (see section 44)
9 This paragraph applies where A is a barrister or barrister’s clerk. 20

pupillage or tenancy. the person may be, an applicant for the
pupillage or tenancy.
A pupillage or tenancy. An applicant for the pupillage or 25
tenancy.
The pupil or tenant.
Advocates and their clerks (see section 45)
10 This paragraph applies where A is an advocate or advocate’s clerk.
175
EXPLANATORY NOTES
E176
Equality Bill
Deciding who to offer to take as a A person who applies, or has notified

devil or to whom to offer A that the person may apply, to be
membership of a stable. taken as a devil or to become a
member of the stable. 5
The relationship with a devil or An applicant to be taken as a devil or
membership of a stable. to become a member of the stable.
The devil or member.
Persons making appointments to offices etc. (see sections 46 to 48)
11 This paragraph applies where A is a person who has the power to make an 10
appointment to a personal or public office.
Deciding to whom to offer the A person who is, or has notified A that
appointment. the person may be, seeking the
appointment. 15
A person who is being considered for

the appointment.
Appointment to the office. A person who is seeking, or being
considered for, appointment to the
office. 20
12 This paragraph applies where A is a relevant person in relation to a personal

or public office.
Appointment to the office. A person appointed to the office.
13 This paragraph applies where A is a person who has the power to make a 25
recommendation for, or give approval to, an appointment to a public office.
176
EXPLANATORY NOTES
E177
Equality Bill
Deciding who to recommend or A person who is, or has notified A that

approve for appointment to the the person may be, seeking
office. recommendation or approval for
appointment to the office. 5
A person who is being considered for

recommendation or approval for
appointment to the office.
An appointment to the office. A person who is seeking, or being
considered for, appointment to the 10
office in question.
14 In relation to the second requirement in a case within paragraph 11, 12 or 13,

the reference in paragraph 2(2)(b) to premises occupied by A is to be read as
a reference to premises—
(a) under the control of A, and 15
(b) at or from which the functions of the office concerned are performed.
Qualifications bodies (see section 50)
15 (1) This paragraph applies where A is a qualifications body.
Deciding on whom to confer a A person who is, or has notified A that 20

relevant qualification. the person may be, an applicant for the
conferment of the qualification.
Conferment by the body of a An applicant for the conferment of the
relevant qualification. qualification.
A person who holds the qualification. 25
(2) A provision, criterion or practice does not include the application of a

competence standard.
Employment service-providers (see section 52)
16 This paragraph applies where—

(a) A is an employment service-provider, and 30
(b) the employment service which A provides is vocational training
within the meaning of section 53(8)(b).
177
EXPLANATORY NOTES
E178
Equality Bill
Deciding to whom to offer to A person who is, or has notified A that

provide the service. the person may be, an applicant for the
provision of the service.
Provision by A of the service. A person who applies to A for the 5
provision of the service.
A person to whom A provides the

service.
Trade organisations (see section 54)
17 This paragraph applies where A is a trade organisation. 10
Deciding to whom to offer A person who is, or has notified A

membership of the organisation. that the person may be, an applicant
for membership.
Membership of the organisation. An applicant for membership. 15
A member.
Local authorities (see section 55)
18 (1) This paragraph applies where A is a local authority.
A member’s carrying-out of official The member. 20

business.
(2) Regulations may, for the purposes of a case within this paragraph, make
provision—
(a) as to circumstances in which a provision, criterion or practice is, or is
not, to be taken to put a disabled person at the disadvantage referred 25
to in the first requirement;
(b) as to circumstances in which a physical feature is, or is not, to be
taken to put a disabled person at the disadvantage referred to in the
second requirement;
(c) as to circumstances in which it is, or in which it is not, reasonable for 30
a local authority to be required to take steps of a prescribed
description;
(d) as to steps which it is always, or which it is never, reasonable for a
local authority to take.
178
EXPLANATORY NOTES
E179
Equality Bill
Occupational pensions (see section 57)
19 This paragraph applies where A is, in relation to an occupational pension

scheme, a responsible person within the meaning of section 57.
Carrying out A’s functions in A person who is or may be a member 5

relation to the scheme. of the scheme.
PART 3
LIMITATIONS ON THE DUTY
Lack of knowledge of disability, etc.
20 (1) A is not subject to a duty to make reasonable adjustments if A does not 10

know, and could not reasonably be expected to know—
(a) in the case of an applicant or potential applicant, that an interested
disabled person is or may be an applicant for the work in question;
(b) in any other case referred to in this Part of this Schedule, that an
interested disabled person has a disability and is likely to be placed 15
at the disadvantage referred to in the first, second or third
requirement.
(2) An applicant is, in relation to the description of A specified in the first
column of the table, a person of a description specified in the second column
(and the reference to a potential applicant is to be construed accordingly). 20
Description of A Applicant
An employer An applicant for employment

A firm or proposed firm A candidate for a position as a partner
An LLP or proposed LLP A candidate for a position as a member
A barrister or barrister’s An applicant for a pupillage or tenancy 25
clerk
An advocate or advocate’s An applicant for being taken as an
clerk advocate’s devil or for becoming a
member of a stable
A relevant person in A person who is seeking appointment to, 30
relation to a personal or or recommendation or approval for
public office appointment to, the office
A qualifications body An applicant for the conferment of a
relevant qualification
An employment service- An applicant for the provision of an 35
provider employment service
179
EXPLANATORY NOTES
Schedule 9: Work exceptions
737. The power in paragraph 16 allows a Minister of the Crown to specify descriptions of
practices, actions or decisions relating to age in respect of contributions by employers to
personal pension schemes that an employer may maintain or use without breaching a non-
discrimination rule.
Background
738. Exceptions to the non-discrimination rule in relation to age in respect of employer

contributions to personal pension schemes are currently set out at Schedule 2 to the
Employment Equality (Age) Regulations 2006 (SI 2006/1031).
Part 1: Occupational requirements
739. Part 1 of this Schedule concerns requirements for particular kinds of work.
General: paragraph 1
Effect
740. This paragraph provides a general exception to what would otherwise be unlawful
direct discrimination in relation to work. The exception applies where being of a particular
sex, race, disability, religion or belief, sexual orientation or age – or not being a transsexual
person, married or a civil partner – is a requirement for the work, and the person whom it is
applied to does not meet it (or, except in the case of sex, does not meet it to the reasonable
satisfaction of the person who applied it). The requirement must be crucial to the post, and not
merely one of several important factors. It also must not be a sham or pretext. In addition,
applying the requirement must be proportionate so as to achieve a legitimate aim.
741. The exception can be used by employers, principals (as defined in clause 38) in
relation to contract work, partners, members of LLPs and those with the power to appoint or
remove office-holders, or to recommend an appointment to a public office.
Background
742. This paragraph replicates the effect of exceptions for occupational requirements in
current discrimination legislation, and creates new exceptions in relation to disability and to
replace the existing occupational qualifications in relation to sex, gender reassignment, colour
and nationality. It differs from the existing exceptions for occupational requirements in that it
makes clear that the requirement must pursue a legitimate aim and that the burden of showing
the exception applies rests on those seeking to rely on it.
E180
Equality Bill
Description of A Applicant
A trade organisation An applicant for membership
(3) If the duty to make reasonable adjustments is imposed on A by section 52,

this paragraph applies only in so far as the employment service which A
provides is vocational training within the meaning of section 53(8)(a). 5
WORK: EXCEPTIONS
PART 1
OCCUPATIONAL REQUIREMENTS
General 10
1 (1) A person (A) does not contravene a provision mentioned in sub-paragraph

(2) by applying in relation to work a requirement to have a particular
protected characteristic, if A shows that, having regard to the nature or
context of the work—
(a) it is an occupational requirement, 15
(b) the application of the requirement is a proportionate means of
achieving a legitimate aim, and
(c) the person to whom A applies the requirement does not meet it (or
A has reasonable grounds for not being satisfied that the person
meets it). 20
(2) The provisions are—
(a) section 36(1)(a) or (c) or (2)(b) or (c);
(b) section 38(1)(b);
(c) section 41(1)(a) or (c) or (2)(b) or (c);
(d) section 42(1)(a) or (c) or (2)(b) or (c); 25
(e) section 46(3)(a) or (c) or (6)(b) or (c);
(f) section 47(3)(a) or (c) or (6)(b) or (c);
(g) section 48(1).
(3) The references in sub-paragraph (1) to a requirement to have a protected
characteristic are to be read— 30
(a) in the case of gender reassignment, as references to a requirement
not to be a transsexual person (and section 7(3) is accordingly to be
ignored);
(b) in the case of marriage and civil partnership, as references to a
requirement not to be married or a civil partner (and section 8(2) is 35
accordingly to be ignored).
(4) In the case of a requirement to be of a particular sex, sub-paragraph (1) has
effect as if in paragraph (c), the words from “(or” to the end were omitted.
180
EXPLANATORY NOTES
Examples
• The need for authenticity or realism might require someone of a particular race, sex or
age for acting roles (for example, a black man to play the part of Othello) or modelling
jobs.
• Considerations of privacy or decency might require a public changing room or

lavatory attendant to be of the same sex as those using the facilities.
• An organisation for deaf people might legitimately employ a deaf person who uses
British Sign Language to work as a counsellor to other deaf people whose first or
preferred language is BSL.
• Unemployed Muslim women might not take advantage of the services of an outreach
worker to help them find employment if they were provided by a man.
Religious requirements relating to sex, marriage etc., sexual orientation: paragraph 2
Effect
743. Where employment is for purposes of an organised religion, this paragraph allows the
employer to apply a requirement to be of a particular sex, not to be a transsexual person or
make a requirement related to the employee’s marriage, civil partnership or sexual orientation,
but only if –
• appointing a person who meets the requirement in question is a proportionate way of

complying with the doctrines of the religion; or,
• because of the nature or context of the employment, employing a person who does not
meet the requirement would conflict with a significant number of the religion’s
followers’ strongly held religious convictions.
744. The requirement must be crucial to the post, and not merely one of several important
factors. It also must not be a sham or pretext. The application of the requirement must be a
proportionate way of complying with the doctrines of the religion or of avoiding such a
conflict.
745. Employment can only be classified as for purposes of an organised religion if the
employment wholly or mainly involves promoting or explaining the doctrines of the religion
or leading or assisting in the observation of religious practices or ceremonies.
746. The requirement can also be applied by a qualifications body in relation to a relevant
qualification (within the meaning of clause 50), if employment is for the purposes of an
organised religion and either of the above criteria are met and the employment is for the
purposes of organised religion as defined above.
Background
747. This specific exception applies to a very narrow range of circumstances. It replaces
and harmonises exceptions contained in current discrimination law but makes it clear that the
employment in question must be closely related to the religious purposes of the organisation.
Applying the requirement must be a proportionate way of meeting either of the criteria
described in paragraph 742 above.
E181
Equality Bill
Religious requirements relating to sex, marriage etc., sexual orientation
2 (1) A person (A) does not contravene a provision mentioned in sub-paragraph

(2) by applying in relation to employment a requirement to which sub-
paragraph (4) applies if A shows that—
(a) the employment is for the purposes of an organised religion, 5
(b) the application of the requirement engages the compliance or non-
conflict principle, and
meets it). 10
(a) section 36(1)(a) or (c) or (2)(b) or (c);
(b) section 46(3)(a) or (c) or (6)(b) or (c);
(c) section 47(3)(a) or (c) or (6)(b) or (c);
(d) section 48(1). 15
(3) A person does not contravene section 50(1) or (2)(a) or (b) by applying in
relation to a relevant qualification (within the meaning of that section) a
requirement to which sub-paragraph (4) applies if the person shows that—
(a) the qualification is for the purposes of employment mentioned in
sub-paragraph (1)(a), and 20
(b) the application of the requirement engages the compliance or non-
conflict principle.
(4) This sub-paragraph applies to—
(a) a requirement to be of a particular sex;
(b) a requirement not to be a transsexual person; 25
(c) a requirement not to be married or a civil partner;
(d) a requirement not to be married to, or the civil partner of, a person
who has a living former spouse or civil partner;
(e) a requirement relating to circumstances in which a marriage or civil
partnership came to an end; 30
(f) a requirement related to sexual orientation.
(5) The application of a requirement engages the compliance principle if the
application is a proportionate means of complying with the doctrines of the
religion.
(6) The application of a requirement engages the non-conflict principle if, 35
because of the nature or context of the work, the application is a
proportionate means of avoiding conflict with the strongly held religious
convictions of a significant number of the religion’s followers.
(7) A reference to employment includes a reference to an appointment to a
personal or public office. 40
(8) Employment is for the purposes of an organised religion only if the
employment wholly or mainly involves—
(a) leading or assisting in the observation of liturgical or ritualistic
practices of the religion, or
(b) promoting or explaining the doctrine of the religion (whether to 45
followers of the religion or to others).
181
EXPLANATORY NOTES
Example
• This exception would apply to a requirement that a Catholic priest be a man.
• This exception would not apply to a requirement that a church youth worker or
accountant be heterosexual.
Other requirements relating to religion and belief: paragraph 3
Effect
748. This paragraph allows an employer with an ethos based on religion or belief to
discriminate in relation to work by applying a requirement to be of a particular religion or
belief, but only if, having regard to that ethos –
• being of that religion or belief is a requirement for the work (this requirement must not
be a sham or pretext); and
• applying the requirement is proportionate so as to achieve a legitimate aim.
749. It is for an employer to show that it has an ethos based on religion or belief by
reference to such evidence as the organisation’s founding constitution.
750.
751. Background
751. This paragraph is designed to replicate the effect of provisions in current legislation.
Example
• A religious organisation may wish to restrict applicants for the post of head of its
organisation to those people that adhere to that faith. This is because to represent the
views of that organisation accurately it is felt that the person in charge of that
organisation must have an in-depth understanding of the religion’s doctrines. This type
of discrimination could be lawful. However, other posts that do not require this kind of
in-depth understanding, such as administrative posts, should be open to all people
regardless of their religion or belief
Armed forces: paragraph 4
Effect
752. This paragraph allows women and transsexual persons to be excluded from service in
the armed forces if this is a proportionate way to ensure the combat effectiveness of the armed
forces.
753. It also exempts the armed forces from the work provisions of the Bill relating to
disability and age.
Background
754. This paragraph replicates the effects of exemptions for the armed forces in current
legislation, but narrows the scope of the existing combat effectiveness exception so that this
applies only to direct discrimination in relation to recruitment and access to training,
E182 promotion and transfer opportunities.
Equality Bill
(9) In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1)
has effect as if in paragraph (c) the words from “(or” to the end were omitted.
Other requirements relating to religion or belief
3 A person (A) with an ethos based on religion or belief does not contravene a
provision mentioned in paragraph 1(2) by applying in relation to work a 5
requirement to be of a particular religion or belief if A shows that, having
regard to that ethos and to the nature or context of the work—
(a) it is an occupational requirement,
(b) the application of the requirement is a proportionate means of
achieving a legitimate aim, and 10
meets it).
Armed forces
4 (1) A person does not contravene section 36(1)(a) or (c) or (2)(b) by applying in 15
relation to service in the armed forces a relevant requirement if the person
shows that the application is a proportionate means of ensuring the combat
effectiveness of the armed forces.
(2) A relevant requirement is—
(a) a requirement to be a man; 20
(b) a requirement not to be a transsexual person.
(3) This Part of this Act, so far as relating to age or disability, does not apply to
service in the armed forces; and section 52, so far as relating to disability,
does not apply to work experience in the armed forces.
Vocational training 25
5 (1) A person (A) does not contravene section 52(1)(b) or (c) or (2)(a) or (b) if A
shows that A’s treatment of another person relates only to work the offer of
which could be refused to that other person in reliance on paragraph 1, 2, 3
or 4.
(2) A person (A) does not contravene section 52 if A shows that A’s treatment 30
of another person relates only to training for work of a description
mentioned in sub-paragraph (1).
(3) A person (A) does not contravene section 52(1)(b) or (c) or (2)(a) or (b) if A
shows that—
(a) A acted in reliance on a statement made to A by a person with the 35
power to offer the work in question to the effect that, by virtue of
sub-paragraph (1) or (2), A’s action would be lawful, and
(b) it was reasonable for A to rely on the statement.
(4) A person commits an offence by knowingly or recklessly making a
statement such as is mentioned in sub-paragraph (3)(a) which in a material 40
respect is false or misleading.
(5) A person guilty of an offence under sub-paragraph (4) is liable on summary
182
EXPLANATORY NOTES
Examples
• Only ground close-combat roles requiring Service personnel to deliberately close with
and kill the enemy face-to-face are confined to men. Women and transsexual people
are, therefore, currently excluded from the Royal Marines General Service, the
Household Cavalry and Royal Armoured Corps, the Infantry and the Royal Air Force
Regiment only.
Vocational training: paragraph 5
Effect
755. This paragraph makes it lawful for a vocational training or other employment service
provider to restrict access to the training or service to people with a particular protected
characteristic if it relates to work for which having that characteristic is an occupational
requirement, or to training for such work.
756. The service provider can rely on the exception by showing that he or she reasonably
relied on a statement from a person who could offer the work or training in question that
having the particular characteristic was an occupational requirement. It is, however, a criminal
offence for such a person to make a statement of that kind which they know to be false or
misleading.
Background
757. This paragraph is designed to replicate the effect of provisions in current legislation.
Example
758. If a Catholic theological training course run by a training provider is exclusively

required for those training to be Catholic priests, it may be an occupational requirement for
students on the course to be Catholic, because it is an occupational requirement for priests to
be Catholic.
Interpretation: paragraph 6
Effect
759. This paragraph defines “work” for the purposes of Part 1 of the Schedule and provides
that the exceptions in this Part are available in respect of direct discrimination in recruitment,
access to promotion, transfer or training, or (except in the case of sex discrimination) dismissal
only. None of these exceptions can be used to justify indirect discrimination or harassment.
Part 2: Exceptions relating to age
Retirement: paragraph 8
Effect
760. This paragraph allows employers to dismiss on the grounds of retirement employees
at the age of 65 or over without this being regarded as age discrimination and/or unfair
dismissal. However, where an employee has a normal retirement age which is applicable to
him which exceeds the age of 65, if the employee is dismissed on the grounds of retirement
E183
Equality Bill
Interpretation
6 (1) This paragraph applies for the purposes of this Part of this Schedule.
(2) A reference to contravening a provision of this Act is a reference to
contravening that provision by virtue of section 13.
(3) A reference to work is a reference to employment, contract work, a position 5
as a partner or as a member of an LLP, or an appointment to a personal or
public office.
(4) A reference to a person includes a reference to an organisation.
(5) A reference to section 36(2)(b), 41(2)(b), 42(2)(b), 46(6)(b) or 47(6)(b) is to be
read as a reference to that provision with the omission of the words “or for 10
receiving any other benefit, facility or service”.
(6) A reference to section 36(2)(c), 41(2)(c), 42(2)(c), 46(6)(c), 47(6)(c), 50(2)(a) or
52(2)(c) (dismissal, etc.) does not include a reference to that provision so far
as relating to sex.
(7) The reference to paragraph (b) of section 38(1), so far as relating to sex, is to 15
be construed as if that paragraph read—
“(b) by not allowing the worker to do the work.”
PART 2
EXCEPTIONS RELATING TO AGE
Preliminary 20
7 For the purposes of this Part of this Schedule, a reference to an age

contravention is a reference to a contravention of this Part of this Act, so far
as relating to age.
Retirement
8 (1) It is not an age contravention to dismiss a relevant worker at or over the age 25
of 65 if the reason for the dismissal is retirement.
(2) Each of the following is a relevant worker—
(a) an employee within the meaning of section 230(1) of the
Employment Rights Act 1996;
(b) a person in Crown employment; 30
(c) a relevant member of the House of Commons staff;
(d) a relevant member of the House of Lords staff.
(3) Retirement is a reason for dismissal only if it is a reason for dismissal by
virtue of Part 10 of the Employment Rights Act 1996.
Applicants at or approaching retirement age 35
9 (1) A person does not contravene section 36(1)(a) or (c), so far as relating to age,
in a case where the other person—
(a) has attained the age limit, or would have attained it before the end of
six months beginning with the date on which the application for the
employment had to be made, and 40
183
EXPLANATORY NOTES
before he has reached that normal retirement age, this is capable of amounting to age
discrimination and/or unfair dismissal.
761. This exception applies only to employees within the meaning of section 230(1) of the
Employment Rights Act 1996, those in Crown employment, and House of Lords and House of
Commons staff. This paragraph needs to be read closely with the amendments to the unfair
dismissals provisions of Part 10 of the Employment Rights Act 1996, which are amended by
Schedule 8 to the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031) (“the 2006
Regulations) and which amendments will remain in place when this paragraph is commenced.
762. Under paragraph 8(3) retirement is a reason for dismissal only if it is a reason for
dismissal by virtue of Part 10 of the Employment Rights Act 1996. Schedule 6 of the 2006
Regulations (which will remain in place) sets out the procedures that need to be followed by
an employer in order for the reason for the dismissal to be retirement under the sections
inserted into Part 10 of the Employment Rights Act 1996 by Schedule 8 of the 2006
Regulations, and in order for the dismissal to be fair.
763. Background
763. Paragraph 8 preserves the existing exception for retirement currently provided for by
regulation 30 of the 2006 Regulations, and accompanying provisions at Schedule 6 and
Schedule 8 to the 2006 Regulations.
764. Before the coming into force of the 2006 Regulations, the concept of retirement was
not legally defined. Where an employee was either over 65 or the employer’s normal
retirement age, the employee did not have the right to claim unfair dismissal. The employee
could be compulsorily retired once he had reached the employer’s normal retirement age, or
65. The removal of this age cap on the right to claim unfair dismissal was removed by the
2006 Regulations.
765. Compulsory retirement ages are a form of direct age discrimination. Where the
retirement age is below the age of 65 (or the employers normal retirement age if over the age
65) it will need to be objectively justified.
766. The Government considers this exception for retirement ages of 65 and over to be
within the exemption contained in article 6(1) of the Council Directive 2000/78/EC (“the
Directive”) as being justified by reference to a legitimate aim of social policy.
767. The Government’s position is that the default retirement age will remain in place until
such point in the future as evidence shows that it may either be raised, or is no longer
necessary. The Government has committed to review it in 2011, and evidence gathering for
this purpose is already underway
Examples
• An employee has reached the age of 65. Her employer has followed the correct
procedure for the reason for dismissal to be deemed retirement. She is dismissed by
reason of retirement. This is not direct age discrimination.
• An employer dismisses his employee on her 65th birthday by giving her notice, but
does not follow the correct procedure. This is direct age discrimination.
E184
Equality Bill
(b) would, if recruited for the employment, be a relevant worker within
the meaning of paragraph 8.
(2) The age limit is whichever is the greater of—
(a) the age of 65, and
(b) the normal retirement age in the case of the employment concerned. 5
(3) The reference to the normal retirement age is to be construed in accordance
with section 98ZH of the Employment Rights Act 1996.
Benefits based on length of service
10 (1) It is not an age contravention for a person (A) to put a person (B) at a
disadvantage when compared with another (C), in relation to the provision 10
of a benefit, facility or service in so far as the disadvantage is because B has
a shorter period of service than C.
(2) If B’s period of service exceeds 5 years, A may rely on sub-paragraph (1)
only if A reasonably believes that doing so fulfils a business need.
(3) A person’s period of service is whichever of the following A chooses— 15
(a) the period for which the person has been working for A at or above
a level (assessed by reference to the demands made on the person)
that A reasonably regards as appropriate for the purposes of this
paragraph, or
(b) the period for which the person has been working for A at any level. 20
(4) The period for which a person has been working for A must be based on the
number of weeks during the whole or part of which the person has worked
for A.
(5) But for that purpose A may, so far as is reasonable, discount—
(a) periods of absence; 25
(b) periods that A reasonably regards as related to periods of absence.
(6) For the purposes of sub-paragraph (3)(b), a person is to be treated as having
worked for A during any period in which the person worked for a person
other than A if—
(a) that period counts as a period of employment with A as a result of 30
section 218 of the Employment Rights Act 1996, or
(b) if sub-paragraph (a) does not apply, that period is treated as a period
of employment by an enactment pursuant to which the person’s
employment was transferred to A.
(7) For the purposes of this paragraph, the reference to a benefit, facility or 35
service does not include a reference to a benefit, facility or service which may
be provided only by virtue of a person’s ceasing to work.
The national minimum wage: young workers
11 (1) It is not an age contravention for a person to pay a young worker (A) at a
lower rate than that at which the person pays an older worker (B) if— 40
(a) the hourly rate for the national minimum wage for a person of A’s
age is lower than that for a person of B’s age, and
(b) the rate at which A is paid is below the single hourly rate.
184
EXPLANATORY NOTES
Applicants at or approaching retirement age: paragraph 9
Effect
768. As a result of this paragraph it is not unlawful discrimination for an employer to

decide not to offer employment to a person where, at the time of the person’s application to the
employer he is over the employer’s normal retirement age or he is over the age of 65 if the
employer has no normal retirement age.
769. It is also not unlawful to refuse to offer employment where the applicant will reach the
employer’s normal retirement age or the age of 65 (if the employer has no normal retirement
age) within six months of the application for employment.
770. For these purposes, the employer’s normal retirement age must be 65 or over and has
the same meaning as is given in section 98ZH of the Employment Rights Act 1996 (as inserted
by Schedule 8 to the 2006 Regulations).
771. The employees to which paragraph 9 applies are the same group of employees to
which paragraph 8 (exception for retirement) applies. That is to say, employees within the
meaning of section 230(1) of the Employment Rights Act 1996, Crown employees, House of
Lords staff and House of Commons staff.
Background
772. Paragraph 9 preserves the existing exception currently provided for at regulation 7(4)
of the 2006 Regulations.
773. The rationale for this exclusion from the requirement not to discriminate flows from
the rationale for paragraph 8 (exception for retirement). There is little point in requiring an
employer not to discriminate at the point of receiving an application from a prospective
employee when, if he were to employ the person, that person could be retired (without it
amounting to discrimination to do so) within six months of their appointment.
774. The appointment provisions are inextricably bound up with the retirement provisions
and will be reviewed by the Government at the same time as the review of the default
retirement age, planned for 2011.
Examples
• An applicant is 66 years old at the time of applying for a job to work in on

organisation where there is no normal retirement age. It is lawful for the employer to
refuse his application simply on the basis of the applicant’s age.
• An applicant is 69 years and 8 months old at the time of making an application to

work in an organisation that has a normal retirement age of 70. Because the applicant
will reach the age of 70 within 6 months, it is lawful for the employer to refuse his
application.
Benefits based on length of service: paragraph 10
Effect
775. This paragraph is designed to ensure that an employer does not have to justify paying
or providing fewer benefits to a worker with less service than a comparator should such a
practice constitute indirect discrimination on grounds of age. The employer can rely on the
E185
Equality Bill
(2) A young worker is a person who qualifies for the national minimum wage
at a lower rate than the single hourly rate; and an older worker is a person
who qualifies for the national minimum wage at a higher rate than that at
which the young worker qualifies for it.
(3) The single hourly rate is the rate prescribed under section 1(3) of the 5
National Minimum Wage Act 1998.
The national minimum wage: apprentices
12 (1) It is not an age contravention for a person to pay an apprentice who does not
qualify for the national minimum wage at a lower rate than the person pays
an apprentice who does. 10
(2) An apprentice is a person who—
(a) is employed under a contract of apprenticeship, or
(b) as a result of provision made by virtue of section 3(2)(a) of the
National Minimum Wage Act 1998 (persons not qualifying), is
treated as employed under a contract of apprenticeship. 15
Redundancy
13 (1) It is not an age contravention for a person to give a qualifying employee an

enhanced redundancy payment of an amount less than that of an enhanced
redundancy payment which the person gives to another qualifying
employee, if each amount is calculated on the same basis. 20
(2) It is not an age contravention to give enhanced redundancy payments only
to those who are qualifying employees by virtue of sub-paragraph (3)(a) or
(b).
(3) A person is a qualifying employee if the person—
(a) is entitled to a redundancy payment as a result of section 135 of the 25
Employment Rights Act 1996,
(b) agrees to the termination of the employment in circumstances where
the person would, if dismissed, have been so entitled,
(c) would have been so entitled but for section 155 of that Act
(requirement for two years’ continuous employment), or 30
(d) agrees to the termination of the employment in circumstances where
the person would, if dismissed, have been so entitled but for that
section.
(4) An enhanced redundancy payment is a payment the amount of which is,
subject to sub-paragraphs (5) and (6), calculated in accordance with section 35
162(1) to (3) of the Employment Rights Act 1996.
(5) A person making a calculation for the purposes of sub-paragraph (4)—
(a) may treat a week’s pay as not being subject to a maximum amount;
(b) may treat a week’s pay as being subject to a maximum amount above
that for the time being specified in section 227(1) of the Employment 40
Rights Act 1996;
(c) may multiply the appropriate amount for each year of employment
by a figure of more than one.
185
EXPLANATORY NOTES
exception as an absolute defence where the benefit is question was awarded in relation to
service of five years or less.
776. If the length of service exceeds five years, the exception applies only if reasonably
appears to an employer that the way in which he uses length of service to award benefits will
fulfil a business need of his undertaking. For example, by encouraging the loyalty or
motivation, or rewarding the experience, of some or all of his workers.
777. Sub paragraph (6) contains provisions which ensure that in calculating an employee’s
length of service previous service is taken into account where that is the result of the operation
of section 218 of the Employment Rights Act 1996 or any other enactment such as an Order
made under section 155 of that Act.
778. Sub paragraph (7) defines what a benefit is and expressly rules out benefits provided
only by virtue of a person’s ceasing to work.
Background
779. The intent is to replicate the effect of regulation 32 of the 2006 Regulations (as
amended by the Employment Equality (Age) Regulations 2006 (Amendment) Regulations
2008).
780. This paragraph enables employers to continue to effect employment planning, in the
sense of being able to attract, retain and reward experienced staff through service related
benefits. This exception cannot be used to justify the level of payments when a worker leaves
as service related termination payments are not a reward for experience from which the
employer can benefit. Therefore, redundancy payment is dealt with separately.
781. Because the longer the period of service is, the harder it is to justify different
treatment, an absolute exception may only apply to length of service of up to five years. The
Government believes that the five year cap makes the exception proportionate.
Examples
• An employer’s pay system includes an annual move up a pay spine, or a requirement

that a certain amount of time must elapse before an employee is entitled to be a
member of an employee benefits scheme. Provided that the pay spine or time it takes
to get the benefit is no longer than five years or can be justified the exception will
apply.
• An employer’s terms and conditions relating to annual leave entitlement, provide that
employees are entitled to an additional five days’ leave after ten years of service. Such
an entitlement will need to be justified as reasonably fulfilling a business need.
The national minimum wage: young workers: paragraph 11
Effect
782. This paragraph allows employers to base their pay structures on the National
Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 (“the 1999
Regulations”). Employers cannot rely on this exemption, however, if they do not base their
pay structure on the national minimum wage legislation.
Background
E186
Equality Bill
(6) Having made a calculation for the purposes of sub-paragraph (4) (whether
or not in reliance on sub-paragraph (5)), a person may multiply the amount
calculated by a figure of more than one.
(7) In sub-paragraph (5), “the appropriate amount” has the meaning given in
section 162 of the Employment Rights Act 1996, and “a week’s pay” is to be 5
read with Chapter 2 of Part 14 of that Act.
(8) For the purposes of sub-paragraphs (4) to (6), the reference to “the relevant
date” in subsection (1)(a) of section 162 of that Act is, in the case of a person
who is a qualifying employee by virtue of sub-paragraph (3)(b) or (d), to be
read as reference to the date of the termination of the employment. 10
Life assurance
14 (1) This paragraph applies if a person (A) takes early retirement because of ill
health.
(2) It is not an age contravention to provide A with life assurance cover for the
period starting when A retires and ending— 15
(a) if there is a normal retirement age, when A attains the normal
retirement age;
(b) in any other case, when A attains the age of 65.
(3) The normal retirement age in relation to A is the age at which, when A
retires, persons holding comparable positions in the same undertaking are 20
normally required to retire.
Child care
15 (1) A person does not contravene a relevant provision, so far as relating to age,
only by providing, or making arrangements for or facilitating the provision
of, care for children of a particular age group. 25
(2) The relevant provisions are—
(a) section 36(2)(b);
(b) section 38(1)(c);
(c) section 41(2)(b);
(d) section 42(2)(b); 30
(e) section 44(2)(b);
(f) section 45(2)(b);
(g) section 46(6)(b);
(h) section 47(6)(b);
(i) section 54(2)(a); 35
(j) section 55(3)(a).
(3) Facilitating the provision of care for a child includes—
(a) paying for some or all of the cost of the provision;
(b) helping a parent of the child to find a suitable person to provide care
for the child; 40
(c) enabling a parent of the child to spend more time providing care for
the child or otherwise assisting the parent with respect to the care
that the parent provides for the child.
(4) A child is a person who has not attained the age of 17.
186
EXPLANATORY NOTES
783. This paragraph is designed to replicate the effect of the exemption in regulation 31 of
the 2006 Regulations.
784. This will allow employers to continue to use the development bands of the national
minimum wage without the threat of legal challenge on the grounds of age discrimination.
Examples
• It is lawful for an employer to pay 16-21 year olds a lower rate of minimum wage than
that given to adults, when based on the development bands set out in 1999
Regulations. For example, based on the 2008/09 rates:
– 16-17 a rate of £3.53 per hour

– 18-21 a rate of £4.77 per hour
• Whereas the national minimum wage for those 22 and over is £5.73
• Rather than pay the amounts stated by the 1999 Regulations, this paragraph also
permits an employer to base its pay scales on the development bands and so, for
example, it may pay 16-17 year olds £4 per hour, 18-21 year olds £5 per hour and
those over 22 £6 per hour.
The national minimum wage: apprentices: paragraph 12
Effect
785. This paragraph deals with apprentices. It enables an employer to pay an apprentice
who is not entitled to the national minimum wage (any apprentice who is under 19 or in the
first year of his apprenticeship) less than an apprentice who is entitled to the national
minimum wage (any apprentice who is 19 or over and not in the first year of his
apprenticeship). Employers cannot rely on this exemption, however, if they do not base their
pay structure on the national minimum wage legislation.
Background
786. This paragraph is designed to replicate the effect of the exemption in regulation 31 of
the 2006 Regulations.
Examples
787. It is lawful for an employer to pay an apprentice who is under the age of 19 or in the
first year of his apprenticeship at a lower rate than an apprentice who is 19 or over and not in
the first year of his apprenticeship. For example, based on the 2008/09 rates:
• 18 year old apprentice is not entitled to the minimum wage;
• 19 year old apprentice in the first year of his apprenticeship is not entitled to the
minimum wage;
• 19 year old apprentice in his 2nd year of apprenticeship is entitled to £4.77 per hour
based on the National Minimum Wage Rate for 18-21 year olds.
788. So it is lawful to pay an 18 year old apprentice and a 19 year old apprentice in the first
year of her apprenticeship £5 per hour and to pay a 19 year old in the second year of his
apprenticeship £5.50 per hour.
E187
Equality Bill
(5) A reference to care includes a reference to supervision.
Contributions to personal pension schemes
16 (1) A Minister of the Crown may by order provide that it is not an age
contravention for an employer to maintain or use, with respect to
contributions to personal pension schemes, practices, actions or decisions 5
relating to age which are of a specified description.
(2) An order authorising the use of practices, actions or decisions which are not
in use before the order comes into force must not be made unless the
Minister consults such persons as the Minister thinks appropriate.
(3) “Personal pension scheme” has the meaning given in section 1 of the Pension 10
Schemes Act 1993; and “employer”, in relation to a personal pension scheme,
has the meaning given in section 318(1) of the Pensions Act 2004.
PART 3
OTHER EXCEPTIONS
Non-contractual payments to women on maternity leave 15
17 (1) A person does not contravene section 36(1)(b) or (2), so far as relating to
pregnancy and maternity, by depriving a woman who is on maternity leave
of any benefit from the terms of her employment relating to pay.
(2) The reference in sub-paragraph (1) to benefit from the terms of a woman’s
employment relating to pay does not include a reference to— 20
(a) maternity-related pay (including maternity-related pay that is
increase-related),
(b) pay (including increase-related pay) in respect of times when she is
not on maternity leave, or
(c) pay by way of bonus in respect of times when she is on compulsory 25
maternity leave.
(3) For the purposes of sub-paragraph (2), pay is increase-related in so far as it
is to be calculated by reference to increases in pay that the woman would
have received had she not been on maternity leave.
(4) A reference to terms of her employment is a reference to terms of her 30
employment that are not in her contract of employment, her contract of
apprenticeship or her contract to do work personally.
(5) “Pay” means benefits—
(a) that consist of the payment of money to an employee by way of
wages or salary, and 35
(b) that are not benefits whose provision is regulated by the contract
referred to in sub-paragraph (4).
(6) “Maternity-related pay” means pay to which a woman is entitled—
(a) as a result of being pregnant, or
(b) in respect of times when she is on maternity leave. 40
187
EXPLANATORY NOTES
Redundancy: paragraph 13
Effect
788. This paragraph permits employers to provide redundancy schemes which mirror the
statutory redundancy payments scheme contained in Part 11 of the Employment Rights Act
1996 but offer more generous terms
789. The statutory redundancy scheme at Part 11 of the Employment Rights Act 1996
(“ERA 1996”) requires an employer to make a payment upon redundancy, the amount of
which is dependant upon the employee’s age, length of service, and weekly pay (subject to a
cap: see Schedule 227 ERA 1996). The statutory redundancy scheme is lawful under the
Directive as it is objectively justified under Article 6.1 of the Directive.
790. An employer who makes a redundancy payment to an employee in accordance with

Part 11 ERA 1996 does not have to justify it. Both the statutory authority exemption (in
Schedule 22) and this regulation make it clear that the employer is acting lawfully, even
though the payment is calculated using age related criteria.
791. But this paragraph is not aimed at such employers. The principal object of this
provision is to assist those employers who base their redundancy schemes on the statutory
scheme but who are more generous than the statutory scheme requires them to be.
792. Background
792. This exception is designed to replicate the effect of an existing exemption in

regulation 33 of the 2006 Regulations.
793. Examples
• An employer may pay qualifying employees an enhanced redundancy payment based

on their actual week’s pay rather than the maximum amount as specified in section 227
ERA 1996 (currently £350).
• So an employee (P) aged 45 with 18 years continuous employment earning £600 a

week would receive one and a half weeks pay for each year of employment in which
he was not below the age of 41 and one week’s pay for each year of employment in
which he was not below the age of 22 so P would receive the following: 3 x (1.5 x
£600) + (15 x £600) = £11,700.
• An employer may pay qualifying employees an enhanced redundancy payment

calculated in accordance with section 162 of ERA 1996 but after calculating the
appropriate amount for each year of employment, the employer may apply a multiple
of two rather than one. So the employer could pay P £23, 400 rather than £11,700.
• Alternatively, the employer could apply the maximum amount of £350 to P’s payment
but apply a multiple of 2 and pay P the following: 2 x [3 x (1.5 x £350) + (15 x £350)]
= 2 x (£1575 + 5250) = £13650.
Life assurance: paragraph 14
Effect
793. This paragraph provides an exception for employers who provide life assurance cover
to workers who have had to retire early on grounds of ill health.
E188
Equality Bill
Benefits dependent on marital status, etc.
18 (1) A person does not contravene this Part of this Act, so far as relating to sexual
orientation, by doing anything which prevents or restricts a person who is
not married from having access to a benefit, facility or service—
(a) the right to which accrued before 5 December 2005 (the day on which 5
section 1 of the Civil Partnership Act 2004 came into force), or
(b) which is payable in respect of periods of service before that date.
(2) A person does not contravene this Part of this Act, so far as relating to sexual
orientation, by providing married persons and civil partners (to the
exclusion of all other persons) with access to a benefit, facility or service. 10
Provision of services etc. to the public
19 (1) A does not contravene a provision mentioned in sub-paragraph (2) in

relation to the provision of a benefit, facility or service to B if A is concerned
with the provision (for payment or not) of a benefit, facility or service of the
same description to the public. 15
(a) section 36(2) and (4);
(b) sections 41(2) and (6) and 42(2) and (6);
(c) sections 46(6) and (8) and 47(6), (7), (9) and (10).
(3) Sub-paragraph (1) does not apply if— 20
(a) the provision by A to the public differs in a material respect from the
provision by A to comparable persons,
(b) the provision to B is regulated by B’s terms, or
(c) the benefit, facility or service relates to training.
(4) “Comparable persons” means— 25
(a) in relation to section 36(2) or (4), the other employees;
(b) in relation to section 41(2) and (6), the other partners of the firm;
(c) in relation to section 42(2) and (6), the other members of the LLP;
(d) in relation to section 46(6) or (8) or 47(6), (7), (9) or (10), persons
holding offices or posts not materially different from that held by B. 30
(5) “B’s terms” means—
(a) the terms of B’s employment,
(b) the terms on which B has the position as a partner or member, or
(c) the terms of B’s appointment to the office.
(6) A reference to the public includes a reference to a section of the public which 35
includes B.
Insurance contracts etc.
20 (1) It is not a contravention of this Part, so far as relating to relevant

discrimination, to do anything in relation to an annuity, life insurance
policy, accident insurance policy or similar matter involving the assessment 40
of risk if—
(a) the thing is done by reference to actuarial or other data from a source
on which it is reasonable to rely, and
188
EXPLANATORY NOTES
Background
794. This clause is designed to replicate the effect of the exception at regulation 34 of the
2006 Regulations.
795. Life assurance cover is usually provided in respect of people below the age of 65 (or
the employer’s normal retirement age if different). Such cover is not provided in respect of
older people because, as the probability of death increases, it becomes more and more
expensive to provide. If employers were no longer able to impose – or had to objectively
justify – a “cut off” for the provision of such cover to those who have retired early, there is a
real risk they would simply “level down” in other words, they would cease to offer it to
anyone. This exception is intended to avoid that happening.
Examples
• An employer who has no normal retirement age provides life assurance cover to those
in his employment which ceases when an employee reaches 65 when an employee
retires early due to ill health. This is lawful.
• An employer who operates a normal retirement age of 70 provides life insurance

cover to those in his employment which ceases when an employee reaches the age of
70 when an employee retires early due to ill health. .
Child care: paragraph 15
Effect
796. This paragraph creates an exception from the prohibition of age discrimination in
employment and certain other work relationships for benefits which relate to the provision of
child care, and to which access is restricted to children of a particular age group. The
exception applies not only to natural parents, but also to others with parental responsibility for
a child.
797. The exception covers benefits which relate to the provision of care for children aged
up to and including 16.
Background
798. Following the ruling of the European Court of Justice in Coleman v Attridge Law, it is
direct discrimination for an employer to treat an employee less favourably on grounds of the
age of an employee’s child. There is, therefore, a potential impact on the provision of
facilities, such as childcare, where access is limited by reference to the child’s age.
799. The exception will allow employers to continue to offer employees child care
facilities based on the age of a child without being open to a challenge of direct discrimination
from other employees.
Examples
• An employer may provide a crèche for employees’ children aged two and under; or a
holiday club open only to employees’ children aged between 5 and 9. In each of these
examples, the exception will allow an employer to discriminate against employees
because of their association with a child who does not fall within the specified age
groups.
E189
Equality Bill
(b) it is reasonable to do the thing.
(a) gender reassignment discrimination;
(b) marriage and civil partnership discrimination;
(c) pregnancy and maternity discrimination; 5
(d) sex discrimination.
189
EXPLANATORY NOTES
• The exception does not apply to employee benefits which do not have a close
relationship with the provision of childcare. For example, if an employer offers
luncheon vouchers, gym membership or a company car only to those employees with
children of a particular age group, the exception does not apply as none of these
benefits involves childcare.
• Neither does the exception apply to benefits conferred as a result of the employee’s
employment, but applying directly to the child, where childcare is not involved. For
example, an employer may offer private healthcare to employees’ children up to a
certain age, or use of the employer’s services (e.g. free train tickets if the employer is a
train company) by such children.
Contributions to personal pensions schemes: paragraph 16
Effect
800. This paragraph gives a Minister the power to specify practices, actions or decisions
relating to age in respect of employer contributions to personal pension schemes that an
employer can use without breaching a non-discrimination rule.
Background
801. Exceptions to the non-discrimination rule in relation to age in respect of employer

contributions to personal pension schemes are currently set out at Schedule 2 to the
Employment Equality (Age) Regulations 2006 (SI 2006/1031).
Part 3: Other exceptions
Non-contractual payments to women on maternity leave: paragraph 17
Effect
802. This paragraph sets out an exception to the prohibitions on pregnancy and maternity
discrimination by employers which allows an employer not to offer an applicant or provide an
employee who is on maternity leave the benefits of the non-contractual terms and conditions
of her employment. It also explains what is and is not covered by this exception.
Background
803. This paragraph is designed to replicate the effect of provisions in the Sex
Discrimination Act 1975. It does for non-contractual terms and conditions of employment
relating to pay what is done for contractual terms in clause 69.
Examples
• An employer would not have to pay a woman on maternity leave a discretionary
bonus if the only condition of eligibility for the bonus was that the employee must be
in active employment at the time of payment.
• If a discretionary bonus amounted to retrospective payment for time worked over a

specific period (such as the past year) during which a woman took maternity leave, the
employer must include any part of that period the woman spent on compulsory
maternity leave in calculating the bonus.
E190
Equality Bill
190
EXPLANATORY NOTES
Benefits dependent on marital status: paragraph 18
Effect
804. This paragraph concerns a specific exception to the prohibition of discrimination on

grounds of sexual orientation in the field of employment and occupation. The exception
concerns the provision of benefits by reference to marital status in respect of periods of service
before the coming into force of the Civil Partnership Act 2004. It also concerns benefits
restricted to married persons and civil partners.
Background
805. This exception is currently set out in regulation 25 of the Employment Equality
(Sexual Orientation) Regulations 2003, and the intention is to preserve the effect of that
regulation.
Example
• An example of an employment benefit provided by reference to marital status is an

occupational pension scheme which pays benefits to an employee's spouse on the
death of the employee, but does not similarly compensate an unmarried employee's
partner.
• A scheme which pays out only to surviving married and civil partners could be
indirectly discriminatory because it might disadvantage gay couples, but it is permitted
by the exception.
• A scheme which pays out to surviving married partners must also pay out to surviving
civil partners in respect of any employee service since 5 December 2005 (when the
Civil Partnership Act 2004 came into force). Provided the scheme does that, the
exception allows it, even though it may (directly or indirectly) discriminate by paying
out only to married partners for service before that date.
Provision of services, etc to the public: paragraph 19
Effect
806. This paragraph provides that an employer who provides services to the public at large
is not liable for claims of discrimination or victimisation by an employee under Part 5 of the
Bill in relation to those services. Rather, where individuals are discriminated against or
victimised in relation to those services, they can make a claim in the county court under Part 3.
If on the other hand the service differs from that provided to other employees, is provided
under the terms and conditions of employment, or the service is to do with training, the
individual can bring a claim in an employment tribunal for breach of the provisions in Part 5.
These provisions are also applicable to services provided by firms, LLPs and relevant persons
(in respect of personal or public office holders).
Background
807. This clause is designed to replace similar provisions in current legislation
Examples
• If an employee of a car hire company is denied the hire of one of its cars (on the same
terms available to the general public) because he is black, the employee must claim
E191
Equality Bill
191
EXPLANATORY NOTES
under the “services” section of the Bill in the county court, rather than through an
employment tribunal under the “work” provisions of the Bill.
• If the same employee’s employment contract provides that he is allowed to hire the
company’s cars at a discount (which members of the public would not get), but the
employee is refused the discount when he goes to hire one of the firm’s cars because
he is a Muslim, then the employee would be able to make a discrimination claim under
clause 36.
Insurance contracts etc.: paragraph 20
Effect
808. This paragraph applies where annuities, life assurance policies, accident insurance
policies or similar matters which involve the assessment of risk are provided in the field of
employment. It allows for employers to provide for payment of premiums or benefits that
differ for men and women, persons who are or are not married or in a civil partnership,
pregnancy or maternity or gender reassignment so far as this is reasonable in the light of
actuarial or other reliable data.
Background
809. This paragraph is designed to replace a similar exception in the Sex Discrimination
Act 1975. However it ensures that any employment related insurance benefit is treated
similarly to that provided by a financial services provider relying upon the services exception
in Part 5 of Schedule 3. It means that where an employer has relied on relevant information,
any complaint about discrimination in relation to the policy is to be taken with the insurer,
through the county court rather than with the employer through the employment tribunal.
Examples
• An employer makes access to a group insurance policy available as a result of being

employed by it. It properly instructs the insurer to draw up the terms on a non-
discriminatory basis. An employee or former employee considers that she has been
discriminated against under the terms of the policy. Her right of action is against the
insurer, rather than against the employer.
Schedule 10: Accessibility for disabled pupils
810. This Schedule provides for accessibility arrangements for pupils in schools as set out
in clause 83.
Effect
811. Local authorities must prepare written accessibility strategies which will increase
disabled pupils’ access to the school curriculum, improve the physical environment for such
pupils and improve the provision of information to them. Strategies must be implemented by
local authorities after taking account of pupils’ disabilities and preferences expressed by them
and their parents. They should be reviewed regularly, and revised if needed.
812. Local authorities must have regard to the need to allocate adequate resources to
implementation of the strategy and use any guidance which may be issued by a Minister of the
Crown in England and the Welsh Ministers in Wales.
E192
Equality Bill
ACCESSIBILITY FOR DISABLED PUPILS
Accessibility strategies
1 (1) A local authority in England and Wales must, in relation to schools for
which it is the responsible body, prepare— 5
(a) an accessibility strategy;
(b) further such strategies at such times as may be prescribed.
(2) An accessibility strategy is a strategy for, over a prescribed period—
(a) increasing the extent to which disabled pupils can participate in the
schools’ curriculums; 10
192
EXPLANATORY NOTES
813. Schools must develop written accessibility plans which will increase the access of
disabled pupils to the school curriculum to disabled pupils, improve the physical environment
for such pupils and improve the provision of information to them. Plans must be implemented
by schools after taking account of disabled pupils’ disabilities and preferences expressed by
them and their parents. They should be reviewed regularly, and revised if needed. Inspections
of schools by OFSTED can look at the performance of these duties by schools.
814. Schools must have regard to the need to allocate adequate resources to the plans.
815. If a Minister of the Crown in England or the Welsh Ministers in Wales determines that
a maintained school or Academy or local authority has failed to discharge these duties, has
acted unreasonably in respect of these duties or has failed to comply with an order of the First-
tier Tribunal or the Special Educational Needs Tribunal for Wales, they may give directions to
the school or local authority about discharging the duty or compliance with the order.
816. Paragraph 6 gives a power, in England to a Minister of the Crown, and in Wales the
Welsh Ministers, to make regulations to say what is, and is not, education and a benefit,
facility or service.
Background
Discrimination Act 1995, and require schools and local authorities to plan to make all aspects
of school more accessible to disabled pupils, particularly as the requirement to make
reasonable adjustments to physical features of premises does not apply to schools.
Example
• A school discusses with its disabled pupils their needs and requirements in order to
help it develop a written accessibility plan. The plan includes a strategy to improve the
physical environment of the school by putting in ramps and more easily accessible
rooms, putting in hearing loops and producing newsletters in Braille.
E193
Equality Bill
(b) improving the physical environment of the schools for the purpose
of increasing the extent to which disabled pupils are able to take
advantage of education and benefits, facilities or services provided
or offered by the schools;
(c) improving the delivery to disabled pupils of information which is 5
readily accessible to pupils who are not disabled.
(3) The delivery in sub-paragraph (2)(c) must be—
(a) within a reasonable time;
(b) in ways which are determined after taking account of the pupils’
disabilities and any preferences expressed by them or their parents. 10
(4) An accessibility strategy must be in writing.
(5) A local authority must keep its accessibility strategy under review during
the period to which it relates and, if necessary, revise it.
(6) A local authority must implement its accessibility strategy.
2 (1) In preparing its accessibility strategy, a local authority must have regard 15
to—
(a) the need to allocate adequate resources for implementing the
strategy;
(b) guidance as to the matters mentioned in sub-paragraph (3).
(2) The authority must also have regard to guidance as to compliance with 20
paragraph 1(5).
(3) The matters are—
(a) the content of an accessibility strategy;
(b) the form in which it is to be produced;
(c) persons to be consulted in its preparation. 25
(4) Guidance may be issued—
(a) for England, by a Minister of the Crown;
(b) for Wales, by the Welsh Ministers.
(5) A local authority must, if asked, make a copy of its accessibility strategy
available for inspection at such reasonable times as it decides. 30
(6) A local authority in England must, if asked by a Minister of the Crown, give
the Minister a copy of its accessibility strategy.
(7) A local authority in Wales must, if asked by the Welsh Ministers, give them
a copy of its accessibility strategy.
Accessibility plans 35
3 (1) The responsible body of a school in England and Wales must prepare—
(a) an accessibility plan;
(b) further such plans at such times as may be prescribed.
(2) An accessibility plan is a plan for, over a prescribed period—
(a) increasing the extent to which disabled pupils can participate in the 40
school’s curriculum;
(b) improving the physical environment of the school for the purpose of
increasing the extent to which disabled pupils are able to take
193
EXPLANATORY NOTES
E194
Equality Bill
advantage of education and benefits, facilities or services provided

or offered by the school;
(c) improving the delivery to disabled pupils of information which is
readily accessible to pupils who are not disabled.
(3) The delivery in sub-paragraph (2)(c) must be— 5
(a) within a reasonable time;
(b) in ways which are determined after taking account of the pupils’
disabilities and any preferences expressed by them or their parents.
(4) An accessibility plan must be in writing.
(5) The responsible body must keep its accessibility plan under review during 10
the period to which it relates and, if necessary, revise it.
(6) The responsible body must implement its accessibility plan.
(7) A relevant inspection may extend to the performance by the responsible
body of its functions in relation to the preparation, publication, review,
revision and implementation of its accessibility plan. 15
(8) A relevant inspection is an inspection under—
(a) Part 1 of the Education Act 2005, or
(b) Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation
and inspection of independent education provision in England).
4 (1) In preparing an accessibility plan, the responsible body must have regard to 20
the need to allocate adequate resources for implementing the plan.
(2) The proprietor of an independent educational institution (other than an
Academy) must, if asked, make a copy of the school’s accessibility plan
available for inspection at such reasonable times as the proprietor decides.
(3) The proprietor of an independent educational institution in England (other 25
than an Academy) must, if asked by a Minister of the Crown, give the
Minister a copy of the school’s accessibility plan.
(4) The proprietor of an independent school in Wales (other than an Academy)
must, if asked by the Welsh Ministers, give them a copy of the school’s
accessibility plan. 30
Power of direction
5 (1) This sub-paragraph applies if the appropriate authority is satisfied (whether

or not on a complaint) that a responsible body—
(a) has acted or is proposing to act unreasonably in the discharge of a
duty under this Schedule, or 35
(b) has failed to discharge such a duty.
(2) This sub-paragraph applies if the appropriate authority is satisfied (whether
or not on a complaint) that a responsible body of a school specified in sub-
paragraph (3)—
(a) has acted or is proposing to act unreasonably in the discharge of a 40
duty the body has in relation to the provision to the authority of
copies of the body’s accessibility plan or the inspection of that plan,
or
(b) has failed to discharge the duty.
194
EXPLANATORY NOTES
E195
Equality Bill
(3) The schools are—

(a) schools approved under section 342 of the Education Act 1996 (non-
maintained special schools);
(b) Academies.
(4) This sub-paragraph applies if a Tribunal has made an order under 5
paragraph 5 of Schedule 17 and the appropriate authority is satisfied
(whether or not on a complaint) that the responsible body concerned—
(a) has acted or is proposing to act unreasonably in complying with the
order, or
(b) has failed to comply with the order. 10
(5) If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a
responsible body such directions as the authority thinks expedient as to—
(a) the discharge by the body of the duty, or
(b) compliance by the body with the order.
(6) A direction may be given in relation to sub-paragraph (1) or (2) even if the 15
performance of the duty is contingent on the opinion of the responsible
body.
(7) A direction—
(a) may be varied or revoked by the appropriate authority;
(b) may be enforced, on the application of the appropriate authority, by 20
a mandatory order obtained in accordance with section 31 of the
Senior Courts Act 1981.
(8) The appropriate authority is—
(a) in relation to the responsible body of a school in England, the
Secretary of State; 25
(b) in relation to the responsible body of a school in Wales, the Welsh
Ministers.
Supplementary
6 (1) This paragraph applies for the purposes of this Schedule.

(2) Regulations may prescribe services which are, or are not, to be regarded as 30
being—
(a) education;
(b) a benefit, facility or service.
(3) The power to make regulations is exercisable by—
(a) in relation to England, a Minister of the Crown; 35
(b) in relation to Wales, the Welsh Ministers.
(4) “Disabled pupil” includes a disabled person who may be admitted to the
school as a pupil.
(5) “Responsible body” means—
(a) in relation to a maintained school or a maintained nursery school, the 40
local authority or governing body;
(b) in relation to a pupil referral unit, the local authority;
(c) in relation to an independent educational institution, the proprietor;
195
EXPLANATORY NOTES
Schedule 11: Schools exceptions
Part 1: Sex discrimination
818. Part 1 of this Schedule makes exceptions from the prohibition on sex discrimination
by schools in clause 80 to allow for the existence of single-sex schools and for single-sex
boarding at schools, and to make transitional provisions for single-sex schools which are
turning co-educational.
Background
819. These provisions are designed to replicate the effect of provisions in the Sex
Admission to single sex schools: paragraph 1
Effect
820. This paragraph allows a single-sex school to refuse to admit pupils of the opposite
sex. A school is defined as single-sex if it admits pupils of one sex only. This is so even if it
admits a small number of pupils of the opposite sex on an exceptional basis or in relation to
particular courses or classes only. Limiting those pupils to particular courses or classes is not
discrimination. However, other forms of sex discrimination by the school against its opposite-
sex pupils would still be unlawful.
Examples
• A school which admits only boys is not discriminating unlawfully against girls.
• If the daughters of certain members of staff at a boys’ school are allowed to attend, it
is still regarded as a single-sex school.
• A boys’ school which admits some girls to the Sixth Form, or which lets girls attend
for a particular GCSE course not offered at their own school is still regarded as a
single-sex school.
• A boys’ school which admits girls to A-level science classes is not discriminating
unlawfully if it refuses to admit them to A-level media studies or maths classes.
E196
Equality Bill
(d) in relation to a special school not maintained by a local authority, the

proprietor.
(6) “Governing body”, in relation to a maintained school, means the body
corporate (constituted in accordance with regulations under section 19 of the
Education Act 2002) which the school has as a result of that section. 5
(7) “Maintained school” has the meaning given in section 20 of the School
Standards and Framework Act 1998; and “maintained nursery school” has
the meaning given in section 22 of that Act.
SCHOOLS: EXCEPTIONS 10
PART 1
SEX DISCRIMINATION
Admission to single-sex schools
1 (1) Section 80(1), so far as relating to sex, does not apply in relation to a single-
sex school. 15
(2) A single-sex school is a school which—
(a) admits pupils of one sex only, or
(b) on the basis of the assumption in sub-paragraph (3), would be taken
to admit pupils of one sex only.
(3) That assumption is that pupils of the opposite sex are to be disregarded if— 20
(a) their admission to the school is exceptional, or
(b) their numbers are comparatively small and their admission is
confined to particular courses or classes.
(4) In the case of a school which is a single-sex school by virtue of sub-
paragraph (3)(b), section 80(2)(a) to (d), so far as relating to sex, does not 25
prohibit confining pupils of the same sex to particular courses or classes.
Single-sex boarding at schools
2 (1) Section 80(1), so far as relating to sex, does not apply in relation to admission
as a boarder to a school to which this paragraph applies.
(2) Section 80(2)(a) to (d), so far as relating to sex, does not apply in relation to 30
boarding facilities at a school to which this paragraph applies.
(3) This paragraph applies to a school (other than a single-sex school) which has
some pupils as boarders and others as non-boarders and which—
(a) admits as boarders pupils of one sex only, or
(b) on the basis of the assumption in sub-paragraph (4), would be taken 35
to admit as boarders pupils of one sex only.
(4) That assumption is that pupils of the opposite sex admitted as boarders are
to be disregarded if their numbers are small compared to the numbers of
other pupils admitted as boarders.
196
EXPLANATORY NOTES
• A boys’ school which admits girls to the Sixth Form but refuses to let them use the
same cafeteria or go on the same visits as other Sixth Form pupils would be
discriminating unlawfully against them.
Single-sex boarding at schools: paragraph 2
Effect
821. This paragraph provides that a mixed-sex school some of whose pupils are boarders
may lawfully admit only pupils of one sex to be boarders. The exception applies even if some
members of the other sex are admitted as boarders, so long as their numbers are comparatively
small. It allows a school to refuse to admit a pupil to a boarding place at the time they initially
join the school, or to provide them with boarding facilities at a later stage.
Example
• A mixed sex school has facilities for female boarders and can lawfully state in its
prospectus that males cannot be accepted as boarders.
Single-sex schools turning co-educational: paragraphs 3 and 4
Effect
822. Paragraphs 3 and 4 enable a school which is going through the process of changing
from a single-sex to a co-educational institution to apply for a transitional exemption order to
enable it to continue to restrict admittance to a single sex until the transition from single-sex is
complete.
823. Paragraph 4 sets out the procedures for applying for a transitional exemption order for
each type of school.
Examples
• If a transitional exemption is order made in accordance with the arrangements in

paragraph 4:
– A boys’ school which decides to become co-educational by starting to admit girls

to Year 7 while keeping upper classes as they are, will not be discriminating
unlawfully by refusing to admit girls to other years, until co-educational classes
have been phased in throughout the school.
– A girls’ school which decides to become co-educational by initially admitting a
certain number of boys to each year group will not be discriminating unlawfully
by reserving a number of places in each year group for boys.
– A school in the process of becoming co-educational must treat its male and female
pupils equally once they have been admitted, since the transitional exemption
order only relates to admissions.
Part 2: Religious or belief-related discrimination
824. Part 2 of this Schedule makes some exceptions to the prohibition on discrimination on
grounds of religion or belief in relation to schools with a religious character, and to acts of
worship or other religious observance in any school.
E197
Equality Bill
Single-sex schools turning co-educational
3 (1) If the responsible body of a single-sex school decides to alter its admissions
arrangements so that the school will cease to be a single-sex school, the body
may apply for a transitional exemption order in relation to the school.
(2) If the responsible body of a school to which paragraph 2 applies decides to 5
alter its admissions arrangements so that the school will cease to be one to
which that paragraph applies, the body may apply for a transitional
exemption order in relation to the school.
(3) A transitional exemption order in relation to a school is an order which,
during the period specified in the order as the transitional period, 10
authorises—
(a) sex discrimination by the responsible body of the school in the
arrangements it makes for deciding who is offered admission as a
pupil;
(b) the responsible body, in the circumstances specified in the order, not 15
to admit a person as a pupil because of the person’s sex.
(4) Paragraph 4 applies in relation to the making of transitional exemption
orders.
(5) The responsible body of a school does not contravene this Act, so far as
relating to sex discrimination, if— 20
(a) in accordance with a transitional exemption order, or
(b) pending the determination of an application for a transitional
exemption order in relation to the school,
it does not admit a person as a pupil because of the person’s sex.
4 (1) In the case of a maintained school within the meaning given by section 32 of 25
the Education and Inspections Act 2006, a transitional exemption order may
be made in accordance with such provision as is made in regulations under
section 21 of that Act (orders made by local authority or adjudicator in
relation to schools in England).
(2) In the case of a school in Wales maintained by a local authority, a transitional 30
exemption order may be made in accordance with paragraph 22 of Schedule
6, or paragraph 17 of Schedule 7, to the School Standards and Framework
Act 1998 (orders made by Welsh Ministers).
(3) In the case of a school in Scotland managed by an education authority or in
respect of which the managers are for the time being receiving grants under 35
section 73(c) or (d) of the Education (Scotland) Act 1980—
(a) the responsible body may submit to the Scottish Ministers an
application for the making of a transitional exemption order, and
(b) the Scottish Ministers may make the order.
(4) Where, under section 113A of the Learning and Skills Act 2000, the Learning 40
and Skills Council for England make proposals to the Secretary of State for
an alteration in the admissions arrangements of a single-sex school or a
school to which paragraph 2 applies—
(a) the making of the proposals is to be treated as an application to the
Secretary of State for the making of a transitional exemption order, 45
and
(b) the Secretary of State may make the order.
197
EXPLANATORY NOTES
Background
825. These exceptions, and the amending powers in paragraph 7, are designed to replicate
the effect of provisions in Part 2 of the Equality Act 2006.
Schools with religious character: paragraph 5
Effect
826. This paragraph allows schools which have a religious character or ethos (often
referred to as faith schools) to discriminate on grounds of religion or belief in relation to
admissions and in access to any benefit, facility or service. It means that faith school may have
admissions criteria which give preference to members of its own religion and it allows them to
conduct themselves in a way which is compatible with their religious character or ethos. It
does not allow faith schools to discriminate on any other of the prohibited grounds, such as
sex, race or sexual orientation. Nor does it allow them to discriminate on religious grounds in
other respects, such as by excluding a pupil or subjecting him to any other detriment.
Examples
• A Muslim school may give priority to Muslim pupils when choosing between
applicants for admission (although the Admissions Code will not allow it to refuse to
accept pupils of another or no religion unless it is oversubscribed). However, it may
not discriminate between pupils on other prohibited grounds, such as by refusing to
admit a child of the school’s own faith because she is black or a lesbian.
• A Jewish school which provides spiritual instruction or pastoral care from a rabbi is
not discriminating unlawfully by not making equivalent provision for pupils from
other religious faiths.
• A Roman Catholic school which organises visits for pupils to sites of particular
interest to its own faith, such as a cathedral, is not discriminating unlawfully by not
arranging trips to sites of significance to the faiths of other pupils.
• A faith school would be acting unlawfully if it sought to penalise or exclude a pupil

because he or she had renounced the faith of the school or joined a different religion or
denomination.
Curriculum, worship etc.: paragraph 6
Effect
827. This paragraph disapplies the prohibition on religious discrimination from anything
done in relation to acts of worship or other religious observance organised by or on behalf of a
school, whether or not it is part of the curriculum.
Background
828. This exception applies to any school, not just faith schools, and reflects the need to
avoid any conflict with the existing legislative framework in respect of religious worship,
which generally requires collective worship to be of a broadly Christian nature. While parents
can remove their children from collective worship, and Sixth Form pupils may decide to
withdraw themselves, schools are under no obligation to provide opportunities for separate
worship for the different religions and beliefs represented among their pupils. The exception in
paragraph 6 maintains that position. It is designed to replicate the position in the Equality Act
2006.
E198
Equality Bill
(5) Where proposals are made to the Welsh Ministers under section 113A of the
Learning and Skills Act 2000 for an alteration in the admissions
arrangements of a single-sex school or a school to which paragraph 2
applies—
(a) the making of the proposals is to be treated as an application to the 5
Welsh Ministers for the making of a transitional exemption order,
and
(b) the Welsh Ministers may make the order.
(6) In the case of a school in England or Wales not coming within sub-paragraph
(1), (2), (4) or (5) or an independent school in Scotland— 10
(a) the responsible body may submit to the Commission an application
for the making of a transitional exemption order, and
(b) the Commission may make the order.
(7) An application under sub-paragraph (6) must specify—
(a) the period proposed by the responsible body as the transitional 15
period to be specified in the order,
(b) the stages within that period by which the body proposes to move to
the position where section 80(1)(a) and (c), so far as relating to sex, is
complied with, and
(c) any other matters relevant to the terms and operation of the order 20
applied for.
(8) The Commission must not make an order on an application under sub-
paragraph (6) unless satisfied that the terms of the application are
reasonable, having regard to—
(a) the nature of the school’s premises, 25
(b) the accommodation, equipment and facilities available, and
(c) the responsible body’s financial resources.
PART 2
RELIGIOUS OR BELIEF-RELATED DISCRIMINATION
School with religious character etc. 30
5 Section 80(1) and (2)(a) to (d), so far as relating to religion or belief, does not
apply in relation to—
(a) a school designated under section 69(3) of the School Standards and
Framework Act 1998 (foundation or voluntary school with religious
character); 35
(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,
(c) a school transferred to an education authority under section 16 of the
Education (Scotland) Act 1980 (transfer of certain schools to 40
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 Act (denominational schools);
(e) a grant-aided school (within the meaning of that Act) which is 45
conducted in the interest of a church or denominational body;
198
EXPLANATORY NOTES
Examples
• Under education law, a school must allow Jewish or Hindu parents to withdraw their
children from daily assemblies which include an element of worship of a mainly
Christian character, but they will not be discriminating unlawfully against those
children by not providing alternative assemblies including Jewish or Hindu worship.
• Schools are free to organise or to participate in ceremonies celebrating any faith, such
as Christmas, Diwali, Chanukah or Eid, without being subject to claims of religious
discrimination against children of other religions or of none.
Power to amend: paragraph 7
Effect
829. Paragraph 7 provides a power for a Minister of the Crown to amend or repeal these
religious discrimination exceptions.
Background
830. This power is designed to replicate the effect of provisions in Part 2 of the Equality
Act 2006, which first prohibited religious discrimination to schools. It has not yet been used.
Its purpose is to enable a Minister of the Crown to review the working of these provisions once
they have been in effect for a sufficient period and make any changes which appear to be
necessary in the light of that experience, using secondary legislation.
Permitted forms of selection: paragraph 8
Effect
831. This paragraph provides that schools will not be discriminating against disabled
children when applying a permitted form of selection that they are using.
Background
832. This provision is designed to replicate the effect of provisions in the Disability
Discrimination Act 1995. Permitted forms of selection are the selective admission
arrangements operated by grammar schools, and selection by ability and aptitude in
accordance with the School Standards and Framework Act 1998
Example
• The parents of a disabled pupil cannot claim disability discrimination against a

particular school if that pupil fails to meet any educational entry requirements set by
the school.
E199
Equality Bill
(f) a school registered in the register of independent schools for
Scotland if the school admits only pupils who belong, or whose
parents belong, to one or more particular denominations;
(g) a school registered in that register if the school is conducted in the
interest of a church or denominational body. 5
Curriculum, worship, etc.
6 Section 80(2)(a) to (d), so far as relating to religion or belief, does not apply
in relation to anything done in connection with acts of worship or other
religious observance organised by or on behalf of a school (whether or not
forming part of the curriculum). 10
Power to amend
7 (1) A Minister of the Crown may by order amend this Part of this Schedule—
(a) so as to add, vary or omit an exception to section 80;
(b) so as to make provision about the construction or application of
section 18(2)(d) in relation to section 80. 15
(2) The power under sub-paragraph (1) is exercisable only in relation to
religious or belief-related discrimination.
(3) An order under sub-paragraph (1) may not be made unless the Minister has
consulted—
(a) the Welsh Ministers, 20
(b) the Scottish Ministers, and
(c) such other persons as the Minister thinks appropriate.
PART 3
DISABILITY DISCRIMINATION
Permitted form of selection 25
8 (1) A person does not contravene section 80(1), so far as relating to disability,
only by applying a permitted form of selection.
(2) In relation to England and Wales, a permitted form of selection is—
(a) in the case of a maintained school which is not designated as a
grammar school under section 104 of the School Standards and 30
Framework Act 1998, a form of selection mentioned in section 99(2)
or (4) of that Act;
(b) in the case of a maintained school which is so designated, its selective
admission arrangements (within the meaning of section 104 of that
Act); 35
(c) in the case of an independent educational institution, arrangements
which provide for some or all of its pupils to be selected by reference
to general or special ability or aptitude, with a view to admitting
only pupils of high ability or aptitude.
(3) In relation to Scotland, a permitted form of selection is— 40
(a) in the case of a school managed by an education authority,
arrangements approved by the Scottish Ministers for the selection of
pupils for admission;
199
EXPLANATORY NOTES
Schedule 12: further and higher education exceptions
Part 1: Single-sex institutions
Effect
833. Part 1 of this Schedule makes exceptions from the prohibition on sex discrimination
by further and higher education institutions to allow for the existence of single-sex colleges
and to make transitional provisions for single-sex institutions which are turning co-
educational.
Background
Admission to single-sex institutions: paragraph 1
Effect
835. This paragraph allows a single-sex institution to refuse to admit members of the
opposite sex. An institution is defined as single-sex if it admits students of one sex only. An
institution which exceptionally admits students of the opposite sex, or which admits a
comparatively small number of opposite-sex students to particular courses or classes only, is
still regarded as single-sex. Limiting those students to particular courses or classes is
permitted. However, other forms of sex discrimination by the institution against its opposite-
sex students would still be unlawful.
Examples
• A women’s college which admits only female students is not discriminating

unlawfully against men.
• If the college admits a small number of men to make up the numbers on a particular
course of study, it is still regarded as a single-sex college. It is not discriminating
unlawfully by refusing to admit men to other courses.
• A women’s college which admits men to certain courses but refuses to let them use the
student cafeteria would be discriminating unlawfully against them.
E200
Equality Bill
(b) in the case of an independent school, arrangements which provide
for some or all of its pupils to be selected by reference to general or
special ability or aptitude, with a view to admitting only pupils of
high ability or aptitude.
(4) “Maintained school” has the meaning given in section 22 of the School 5
Standards and Framework Act 1998.
FURTHER AND HIGHER EDUCATION EXCEPTIONS
PART 1
SINGLE-SEX INSTITUTIONS, ETC. 10
Admission to single-sex institutions
1 (1) Section 86(1), so far as relating to sex, does not apply in relation to a single-
sex institution.
(2) A single-sex institution is an institution to which section 86 applies, which—
(a) admits students of one sex only, or 15
(b) on the basis of the assumption in sub-paragraph (3), would be taken
to admit students of one sex only.
(3) That assumption is that students of the opposite sex are to be disregarded
if—
(a) their admission to the institution is exceptional, or 20
(b) their numbers are comparatively small and their admission is
confined to particular courses or classes.
(4) In the case of an institution which is a single-sex institution by virtue of sub-
paragraph (3)(b), section 86(2)(a) to (d), so far as relating to sex, does not
prohibit confining students of the same sex to particular courses or classes. 25
Single sex institutions turning co-educational
2 (1) If the responsible body of a single-sex institution decides to alter its

admissions arrangements so that the institution will cease to be a single-sex
institution, the body may apply for a transitional exemption order in relation
to the institution. 30
(2) A transitional exemption order relating to an institution is an order which,
during the period specified in the order as the transitional period,
authorises—
(a) sex discrimination by the responsible body of the institution in the
arrangements it makes for deciding who is offered admission as a 35
student;
(b) the responsible body, in the circumstances specified in the order, not
to admit a person as a student because of the person’s sex.
(3) Paragraph 3 applies in relation to the making of a transitional exemption
order. 40
200
EXPLANATORY NOTES
Single-sex institutions turning co-educational: paragraphs 2 and 3
Effect
836. These paragraphs enable a college which is going through the process of changing
from a single-sex to a co-educational institution to apply for a transitional exemption order, to
enable it to continue restricting admittance to a single sex until the transition from single-sex is
complete.
837. Paragraph 3 sets out the procedures for applying for a transitional exemption order.
Background
Examples
• If a transitional exemption order is made in accordance with the arrangements in

paragraph 3:
– A women’s college which decides to become co-educational by starting to admit a

certain number of male undergraduates to the first year of its degree courses will
not be discriminating unlawfully by limiting the number of men it admits, or by
refusing men access to postgraduate degree courses.
– A college in the process of becoming co-educational must treat its male and
female students equally once they have been admitted, since the transitional
exemption order relates only to discrimination in relation to admissions.
Part 2: Other exceptions
Occupational requirements: paragraph 4
Effect
839. This paragraph enables a higher or further education institution to treat a person
differently based on a protected characteristic in relation to providing training which would
only fit them for work which, under exceptions in Schedule [9], can lawfully be restricted to
people of a particular race, sex, religion, sexual orientation or age and for which they would
therefore be ineligible.
Background
840. This is designed to replicate the effect of provisions in the current legislation.
Example
• A Catholic theological college can refuse to admit a woman to a training course which
was designed only to prepare candidates for the Catholic priesthood. However, a
Church of England college could not confine training for the priesthood to men since
women may also become Anglican priests.
E201
Equality Bill
(4) The responsible body of an institution does not contravene this Act, so far as
relating to sex discrimination, if —
(b) pending the determination of an application for a transitional
exemption order in relation to the institution, 5
it does not admit a person as a student because of the person’s sex.
(5) The responsible body of an institution does not contravene this Act, so far as
relating to sex discrimination, if —
(b) pending the determination of an application for a transitional 10
exemption order in relation to the institution,
it discriminates in the arrangements it makes for deciding who is offered
admission as a student.
3 (1) In the case of a single-sex institution—
(a) its responsible body may submit to the Commission an application 15
for the making of a transitional exemption order, and
(b) the Commission may make the order.
(2) An application under sub-paragraph (1) must specify—
(a) the period proposed by the responsible body as the transitional
period to be specified in the order; 20
(b) the stages, within that period, by which the body proposes to move
to the position where section 86(1)(a) and (c), so far as relating to sex,
is complied with, and
(c) any other matters relevant to the terms and operation of the order
applied for. 25
(3) The Commission must not make an order on an application under sub-
paragraph (1) unless satisfied that the terms of the application are
reasonable, having regard to—
(a) the nature of the institution’s premises;
(b) the accommodation, equipment and facilities available, and 30
(c) the responsible body’s financial resources.
PART 2
OTHER EXCEPTIONS
Occupational requirements
4 A person (P) does not contravene section 86(1) or (2) if P shows that P’s 35
treatment of another person relates only to training that would help fit that
other person for work the offer of which the other person could be refused
in reliance on Part 1 of Schedule 9.
Institutions with a religious ethos
5 (1) The responsible body of an institution which is designated for the purposes 40
of this paragraph does not contravene section 86(1), so far as relating to
religion or belief, if, in the admission of students to a course at the
institution—
(a) it gives preference to persons of a particular religion or belief,
201
EXPLANATORY NOTES
Institutions with a religious ethos: paragraph 5
Effect
841. This paragraph confers on a Minister of the Crown a power to designate an institution
if the Minister is satisfied the institution has as religious ethos. If an institution is designated it
may admit students that share the relevant religion or belief to those that do not, but only in
relation to admissions to courses which do not constitute vocational training.
Background
842. This is designed to enable the current position under an exception in the Employment
Equality (Religion or Belief) Regulations 2003 to be maintained. Schedule 1B of those
Regulations modifies the prohibition on discrimination for a small number of sixth form
colleges with a religious ethos. The intention is that this power will be used to designate those
colleges.
Benefits dependent on marital status: paragraph 6
Effect
843. A higher or further education institution which confines any benefit, facility or service
– such as access to residential accommodation – to married people and civil partners will not
be discriminating on grounds of sexual orientation against people who are unmarried or not in
a civil partnership.
Background
844. This is designed to replicate the effect of a provision in the Employment Equality
(Sexual Orientation) Regulations [2003] so far as it relates to higher or further education
institutions.
Child care: paragraph 7
Effect
845. This paragraph provides that a higher or further education institution is permitted to
provide, or make arrangements for, or facilitates, care for the children of students which is
confined to children of a particular age group. This includes all kinds of assistance with child
care including paying for or subsidising it, or enabling parents to spend more time caring for
the child.
Background
846. The Bill will make it unlawful for higher or further education institutions to
discriminate on the grounds of the age of a person with whom a student is associated, and not
the student’s own age. The exception makes it clear that where child care for students’
children who are aged 16 or under is concerned, it is not unlawful for this to be based on the
age of the child.
Example
• If a college provides a crèche for the pre-school children of students, this will not be
unlawful age association discrimination against a student who is the parent of an older
child. The college will not have to demonstrate that the provision and the age limits are
E202 objectively justified.
Equality Bill
(b) it does so to preserve the institution’s religious ethos, and
(c) the course is not a course of vocational training.
(2) A Minister of the Crown may by order designate an institution if satisfied
that the institution has a religious ethos.
Benefits dependent on marital status, etc. 5
6 A person does not contravene section 86, so far as relating to sexual

orientation, by providing married persons and civil partners (to the
exclusion of all other persons) with access to a benefit, facility or service.
Child care
7 (1) A person does not contravene section 86(2)(b) or (d), so far as relating to age, 10
only by providing, or making arrangements for or facilitating the provision
of, care for children of a particular age group.
(2) Facilitating the provision of care for a child includes—
(a) paying for some or all of the cost of the provision;
(b) helping a parent of the child to find a suitable person to provide care 15
for the child;
(c) enabling a parent of the child to spend more time providing care for
the child or otherwise assisting the parent with respect to the care
that the parent provides for the child.
(3) A child is a person who has not attained the age of 17. 20
(4) A reference to care includes a reference to supervision.
202
EXPLANATORY NOTES
Schedule 13: Reasonable adjustments for disabled pupils
847. This Schedule provides for reasonable adjustments to be made by educational bodies.
Effect
848. Paragraph 2 requires schools to comply with requirements to take reasonable steps to
ensure that any provisions, criteria or practices do not place disabled pupils at a substantial
disadvantage in comparison to non-disabled pupils in relation to admissions and provisions of
education and access to benefits, facilities and services.
849. Paragraph 3 requires higher or further education institutions in relation to admissions,

education, access to benefits, facilities and services, and the conferring of qualifications to
comply with requirements to take reasonable steps to:
• ensure that any provisions, criteria or practices do not place disabled students at a
substantial disadvantage in comparison with non-disabled students;
• take reasonable steps to change physical features which place disabled students at a
disadvantage;
850. Paragraph 4 defines who is an “interested disabled person”, in relation to conferment

of qualifications. It also sets out that a provision, criteria or practice does not include an
application of a competence standard, which is also defined.
851. Paragraph 5 requires local authorities and maintained schools who are providing
higher education or further education to take reasonable steps to ensure that any provisions,
criteria or practices do not place disabled persons at a substantial disadvantage in relation to
enrolling persons on courses of further or higher education, and to services provided once
enrolled.
852. Paragraph 6 requires local authorities providing recreational or training facilities to

take reasonable steps to ensure that any provisions, criteria or practices do not place disabled
persons at a substantial disadvantage in relation to their arrangements for providing
recreational or training facilities.
853. Paragraph 7 requires educational institutions to consider the relevant code of practice
produced by the Equality and Human Rights Commission when determining reasonable steps.
854. Paragraph 8 requires that, when making any reasonable adjustment for a particular
person, the educational institution needs to consider any request made by that person to keep
the nature and existence of that person’s disability confidential.
855. Paragraph 9 sets out that qualifications bodies must take reasonable steps to
• ensure that any provision criterion or practice does not place disabled persons at a
substantial disadvantage
• change physical features which put disabled candidates at a substantial disadvantage,

and
E203
Equality Bill
EDUCATION: REASONABLE ADJUSTMENTS
Preliminary

The duty for schools
2 (1) This paragraph applies where A is the responsible body of a school to which
section 80 applies.
(2) A must comply with the first requirement.
(3) For the purposes of this paragraph, the reference in section 19(3) to a 10
provision, criterion or practice is a reference to a provision, criterion or
practice applied by or on behalf of A.
(4) In relation to the requirement, the relevant matters are—
(a) deciding who is offered admission as a pupil;
(b) provision of education or access to a benefit, facility or service. 15
The duty for further or higher education institutions
3 (1) This paragraph applies where A is the responsible body of an institution to

which section 86 applies.
(2) A must comply with the first, second and third requirements.
of A;
physical feature of premises occupied by A; 25
(c) the reference in section 19(3), (4) or (5) to a disabled person is, in
relation to a relevant matter within sub-paragraph (4)(d) or (e)
below, a reference to an interested disabled person.
(a) deciding who is offered admission as a student; 30
(b) provision of education;
(c) access to a benefit, facility or service;
(d) deciding on whom a qualification is conferred;
(e) a qualification that A confers.
4 (1) An interested disabled person is a disabled person who, in relation to a 35
relevant matter specified in the first column of the table, is of a description
specified in the second column.
203
EXPLANATORY NOTES
• provide auxiliary aids to disabled candidates that are at a substantial disadvantage in

the conferring of qualifications.
Background
Examples
• A school with a number of disabled pupils could negotiate special arrangements for
pupils who are taking exams.
• A school could provide Braille texts to a blind pupil at the start of lessons so they have
access to the same information as other pupils.
• A university has a revolving door which causes some problems for disabled pupils and
under these duties it may be reasonable for them to replace the door with a sliding one.
• To ensure that a pupil who needs a wheelchair is not disadvantaged by being left out
of PE lessons, a school consults a physiotherapist and devises special activities for the
pupil to carry out in P.E.
E204
Equality Bill
Case Description of disabled person
Deciding on whom to confer a A person who is, or has notified A that

qualification. the person may be, an applicant for the
conferment of the qualification.
A qualification that A confers. An applicant for the conferment by A 5
of the qualification.
A person on whom A confers the

qualification.
(2) A provision, criterion or practice does not include the application of a

competence standard. 10
(3) A competence standard is an academic, medical or other standard applied
for the purpose of determining whether or not a person has a particular level
of competence or ability.
The duty relating to certain other further or higher education courses
5 (1) This paragraph applies where A is the responsible body in relation to a 15

course to which section 87 applies.
(2) A must comply with the first, second and third requirements; but if A is the
governing body of a maintained school (within the meaning given by that
section), A is not required to comply with the second or third requirement.
of A;
physical feature of premises occupied by A. 25
(a) arrangements for enrolling persons on a course of further or higher
education secured by A;
(b) services provided by A for persons enrolled on the course.
The duty relating to recreational or training facilities 30
6 (1) This paragraph applies where A is the responsible body in relation to

facilities to which section 88 applies.
(2) A must comply with the first, second and third requirements.
(3) For the purposes of this paragraph—
(a) the reference in section 19(3) to a provision, criterion or practice is a 35
of A;
physical feature of premises occupied by A.
204
EXPLANATORY NOTES
Schedule 14: Educational charities and endowments
Educational charities: paragraph 1
Effect
857. This paragraph provides for trust deeds or other instruments concerning educational
charities which restrict available benefits to a single sex, to be modified by a Minister of the
Crown. This cannot be done within 25 years of the trust being created without the consent of
the donor, or the donor’s or testator’s personal representatives. Applicants need to publish
E205
Equality Bill
(4) In relation to each requirement, the relevant matter is A’s arrangements for
providing the recreational or training facilities.
Code of practice
7 In deciding whether it is reasonable for A to have to take a step for the

purpose of complying with the first, second or third requirement, A must 5
have regard to relevant provisions of a code of practice issued under section
14 of the Equality Act 2006.
Confidentiality requests
8 (1) This paragraph applies if a person has made a confidentiality request of

which A is aware. 10
(2) In deciding whether it is reasonable for A to have to take a step in relation to
that person so as to comply with the first, second or third requirement, A
must have regard to the extent to which taking the step is consistent with the
request.
(3) In a case within paragraph 2, a “confidentiality request” is a request— 15
(a) that the nature or existence of a disabled person’s disability be
treated as confidential, and
(b) which satisfies either of the following conditions.
(4) The first condition is that the request is made by the person’s parent.
(5) The second condition is that— 20
(a) it is made by the person, and
(b) A reasonably believes that the person has sufficient understanding
of the nature and effect of the request.
(6) In a case within paragraph 3, a “confidentiality request” is a request by a
disabled person that the nature or existence of the person’s disability be 25
treated as confidential.
The duty for general qualifications bodies
9 (1) This paragraph applies where A is a qualifications body for the purposes of
section 91.
(2) Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a 30
qualifications body as they apply to a responsible body.
(3) This paragraph is subject to section 91(7).
EDUCATIONAL CHARITIES AND ENDOWMENTS
Educational charities 35
1 (1) This paragraph applies to a trust deed or other instrument—
205
EXPLANATORY NOTES
particulars of the proposal and invite representations for the Minister to consider before
making the order.
Background
858. This paragraph replicates provisions in section 78 of the Sex Discrimination Act 1975.
It is likely to happen when a single sex school becomes co-educational, and so wants to enable
both sexes to benefit from a particular charity connected with the school.
Example
• A single-sex (boys’) Grammar School now allows girls into its sixth form and wishes
to modify a trust deed which offers scholarships and help with tuition for boys of the
school wanting to go to university – so that it can also offer help to girls.
Endowments: paragraph 2
Effect
859. A similar power to that in paragraph 1 is given to the Scottish Ministers to modify
educational endowments administered in Scotland.
E206
Equality Bill
(a) which concerns property applicable for or in connection with the

provision of education in an establishment in England and Wales to
which section 80 or 86 applies, and
(b) which in any way restricts the benefits available under the
instrument to persons of one sex. 5
(2) Sub-paragraph (3) applies if, on the application of the trustees or the
responsible body (within the meaning of that section), a Minister of the
Crown is satisfied that the removal or modification of the restriction would
be conducive to the advancement of education without sex discrimination.
(3) The Minister may by order make such modifications of the instrument as 10
appear to the Minister expedient for removing or modifying the restriction.
(4) If the trust was created by a gift or bequest, an order must not be made until
the end of the period of 25 years after the date when the gift or bequest took
effect.
(5) Sub-paragraph (4) does not apply if the donor or the personal 15
representatives of the donor or testator consent in writing to making the
application for the order.
(6) The Minister must require the applicant to publish a notice—
(a) containing particulars of the proposed order;
(b) stating that representations may be made to the Minister within a 20
period specified in the notice.
(7) The period must be not less than one month beginning with the day after the
date of the notice.
(8) The applicant must publish the notice in the manner specified by the
Minister. 25
(9) The cost of publication may be paid out of the property of the trust.
(10) Before making the order, the Minister must take account of representations
made in accordance with the notice.
Educational endowments
2 (1) This paragraph applies to an educational endowment— 30

(a) to which section 104 of the Education (Scotland) Act 1980 applies,
and
(b) which in any way restricts the benefit of the endowment to persons
of one sex.
(2) Sub-paragraph (3) applies if, on the application of the governing body of an 35
educational endowment, the Scottish Ministers are satisfied that the removal
or modification of the provision which restricts the benefit of the
endowment to persons of one sex would be conducive to the advancement
of education without sex discrimination.
(3) The Scottish Ministers may by order make such provision as they think 40
expedient for removing or modifying the restriction.
(4) If the Scottish Ministers propose to make such an order they must publish a
notice in such manner as they think sufficient for giving information to
persons they think may be interested in the endowment—
206
EXPLANATORY NOTES
Schedule 15: Associations: reasonable adjustments
Effect
applies to associations. Paragraph 2 explains that the duty applies in respect of disabled
members and guests including prospective members and guests and that the association must
comply with all three reasonable adjustment requirements. It describes the types of
adjustments an association must make, stipulates what the duty does not require and provides
further information on the meaning of “physical features”.
861. Background
861. This Schedule is designed to replicate the effect of similar provisions in the Disability
Examples
• A private club with 30 members usually holds its annual dinner upstairs in a local
restaurant. However, as there is no lift, the room is not accessible to two new disabled
members who have severe difficulty in climbing stairs. Under the duty the club would
need to think about changing the venue to a downstairs room to accommodate the new
E207 members. This is likely to be a reasonable adjustment for the club to make.
Equality Bill
(a) containing particulars of the proposed order;

(b) stating that representations may be made with respect to the
proposal within such period as is specified in the notice.
(5) The period must be not less than one month beginning with the day after the
date of publication of the notice. 5
(6) The cost of publication is to be paid out of the funds of the endowment to
which the notice relates.
(7) Before making an order, the Scottish Ministers—
(a) must consider representations made in accordance with the notice;
(b) may cause a local inquiry to be held into the representations under 10
section 67 of the Education (Scotland) Act 1980.
(8) A reference to an educational endowment includes a reference to—
(a) a scheme made or approved for the endowment under Part 6 of the
Education (Scotland) Act 1980;
(b) in the case of an endowment the governing body of which is entered 15
in the Scottish Charity Register, a scheme approved for the
endowment under section 39 or 40 of the Charities and Trustee
Investment (Scotland) Act 2005 (asp 10);
(c) an endowment which is, by virtue of section 108(1) of the Education
(Scotland) Act 1980, treated as if it were an educational endowment 20
(or which would, but for the disapplication of that section by section
122(4) of that Act, be so treated);
(d) a university endowment, the Carnegie Trust, a theological
endowment and a new endowment.
(9) Expressions used in this paragraph and in Part 6 of the Education (Scotland) 25
Act 1980 have the same meaning in this paragraph as in that Part.
ASSOCIATIONS: REASONABLE ADJUSTMENTS
Preliminary
1 This Schedule applies where a duty to make reasonable adjustments is 30

imposed on an association (A) by this Part.
The duty
(2) For the purposes of this paragraph, the reference in section 19(3), (4) or (5) to
a disabled person is a reference to disabled persons who are members, 35
associates or guests.
(3) In relation to the first and third requirements, the relevant matters are—
(a) access to a benefit, facility or service;
(b) members’ or associates’ retaining their rights as such or avoiding
having them varied; 40
(c) being admitted to membership or invited as a guest.
207
EXPLANATORY NOTES
• A club has members who cannot read standard print. Under the duty it would need to
think about providing information in large print and on audio tape for them. These are
likely to be reasonable adjustments for the club to make.
Schedule 16: Associations: exceptions
862. Schedule 16 contains exceptions from the association provisions in Part 7 of the Bill.
Single characteristic associations: paragraph 1
Effect
863. This paragraph allows an association whose main purpose is to bring together people
who share a particular characteristic (such as a particular nationality, sexual orientation or a
particular disability) to continue to restrict membership to such people, and impose similar
restrictions on those who can exercise the rights of an associate, or who can be invited as
guests.
864. It is however unlawful for an association to restrict its membership to people of a

particular colour.
Background
865. An exception for associations which bring together people who share a particular
protected characteristic is provided in current legislation in relation to race or sexual
orientation. This exception will be extended to cover all of the protected characteristics in line
with the prohibition on discrimination.
Example
• A club for deaf people can restrict membership to people who are deaf and would not
need to admit people with other disabilities, such as a blind person.
Health and safety: paragraph 2
Effect
866. This paragraph is designed to ensure that it is not unlawful for an association to treat a
E208 pregnant woman differently in the terms on which she is admitted as a member or is given
Equality Bill
(4) In relation to the second requirement, the relevant matter is access to a

benefit, facility or service.
(5) In relation to the second requirement, a physical feature includes a physical
feature brought by or on behalf of A, in the course of or for the purpose of
providing a benefit, facility or service, on to premises other than those that 5
A occupies (as well as including a physical feature in or on premises that A
occupies).
(6) Nothing in this paragraph requires A to take a step which would
fundamentally alter—
(a) the nature of the benefit, facility or service concerned, or 10
(b) the nature of the association.
(7) Nor does anything in this paragraph require a member or associate in whose
house meetings of the association take place to make adjustments to a
physical feature of the house.
SCHEDULE 16 Section 101 15
ASSOCIATIONS: EXCEPTIONS
Single characteristic associations
1 (1) An association does not contravene section 96(1) by restricting membership

to persons who share a protected characteristic.
(2) An association that restricts membership to persons who share a protected 20
characteristic does not breach section 96(3) by restricting the access by
associates to a benefit, facility or service to such persons as share the
characteristic.
(3) An association that restricts membership to persons who share a protected
characteristic does not breach section 97(1) by inviting as guests, or by 25
permitting to be invited as guests, only such persons as share the
characteristic.
(4) Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation
to colour.
(5) This paragraph does not apply to an association that is a registered political 30
party.
Health and safety
2 (1) An association (A) does not discriminate against a pregnant woman in

contravention of section 96(1)(b) because she is pregnant if—
(a) the terms on which A is prepared to admit her to membership 35
include a term intended to remove or reduce a risk to her health or
safety,
(b) A reasonably believes that admitting her to membership on terms
which do not include that term would create a risk to her health or
safety, 40
208
EXPLANATORY NOTES
access to benefits as a member if the association reasonably believes that to do otherwise

would create a risk to her health or safety and the association would take similar measures in
respect of persons with other physical conditions. Equivalent provision is made in respect of
associates and guests.
Background
867. Provisions making it unlawful for an association to discriminate against a pregnant

woman are being introduced for the first time in the Bill. The provisions in this paragraph,
which are similar to those which apply in the provision of services to the wider public, are
therefore also new.
Example
• A private member’s gym may wish to restrict access to squash courts after a certain
point in the pregnancy (for example, after 36 weeks).
E209
Equality Bill
(c) the terms on which A is prepared to admit persons with other

physical conditions to membership include a term intended to
remove or reduce a risk to their health or safety, and
(d) A reasonably believes that admitting them to membership on terms
which do not include that term would create a risk to their health or 5
safety.
(2) Sub-paragraph (1) applies to section 97(1)(b) as it applies to section 96(1)(b);
and for that purpose a reference to admitting a person to membership is to
be read as a reference to inviting the person as a guest or permitting the
person to be invited as a guest. 10
(3) An association (A) does not discriminate against a pregnant woman in
contravention of section 96(2)(a) or (3)(a) or 97(2)(a) because she is pregnant
if—
(a) the way in which A affords her access to a benefit, facility or service
is intended to remove or reduce a risk to her health or safety, 15
(b) A reasonably believes that affording her access to the benefit, facility
or service otherwise than in that way would create a risk to her
health or safety,
(c) A affords persons with other physical conditions access to the
benefit, facility or service in a way that is intended to remove or 20
reduce a risk to their health or safety, and
(d) A reasonably believes that affording them access to the benefit,
facility or service otherwise than in that way would create a risk to
their health or safety.
(4) An association (A) which does not afford a pregnant woman access to a 25
benefit, facility or service does not discriminate against her in contravention
of section 96(2)(a) or (3)(a) or 97(2)(a) because she is pregnant if—
(a) A reasonably believes that affording her access to the benefit, facility
or service would, because she is pregnant, create a risk to her health
or safety, 30
(b) A does not afford persons with other physical conditions access to
the benefit, facility or service, and
(c) the reason for not doing so is that A reasonably believes that
affording them access to the benefit, facility or service would create
a risk to their health or safety. 35
(5) An association (A) does not discriminate against a pregnant woman under
section 96(2)(c) or (3)(c) because she is pregnant if—
(a) the variation of A’s terms of membership, or rights as an associate, is
intended to remove or reduce a risk to her health or safety,
(b) A reasonably believes that not making the variation to A’s terms or 40
rights would create a risk to her health or safety,
(c) A varies the terms of membership, or rights as an associate, of
persons with other physical conditions,
(d) the variation of their terms or rights is intended to remove or reduce
a risk to their health or safety, and 45
(e) A reasonably believes that not making the variation to their terms or
rights would create a risk to their health or safety.
209
EXPLANATORY NOTES
Schedule 17: Disabled pupils: enforcement
Part 1: Introductory
868. This Schedule sets out the arrangements for making disability, discrimination claims
in respect of school pupils.
Part 2: Tribunals
Jurisdiction: paragraph 3
869. Disability discrimination claims in respect of school pupils are made to the First-tier
Tribunal in England and to the Special Educational Needs Tribunal in Wales, unless they are in
relation to admissions or exclusions. Claims are brought by the child’s parent.
Time for bringing proceedings: paragraph 4
870. Claims need to be made within six months of conduct commencing. This period can
be extended to nine months if the Equality and Human Rights Commission makes
arrangements for conciliation in respect of disputes. In addition, Tribunals could consider
cases beyond this time limit.
Powers: paragraph 5
871. If a Tribunal finds that a school has discriminated against a pupil, it can make any
orders it sees fit, particularly in order to remove or reduce the problem. However, it may not
award the payment of compensation.
Procedure: paragraph 6
872. The Welsh Ministers are given powers to make regulations to govern the procedure of
claims heard by the Welsh Tribunal.
Part 3: Tribunals in Scotland
873. In Scotland the power to make procedural rules for the hearing of disability
discrimination claims by the Additional Support Needs Tribunals for Scotland will be
exercised by the Scottish Ministers.
874. Part 4: Admissions and exclusions
874. If the disability discrimination claim made is in respect of admissions to, or permanent
exclusion from, a maintained school or an Academy, then the claim will be brought under
independent education appeals panel arrangements as set out in education legislation, rather
than going to the Tribunals.
Background
875. This provision is designed to replicate the provisions in the Disability Discrimination
Act 1995.
E210
Equality Bill
DISABLED PUPILS: ENFORCEMENT
PART 1
INTRODUCTORY
1 In this Schedule— 5
“the Tribunal” means—
(a) in relation to a school in England, the First-tier Tribunal;
(b) in relation to a school in Wales, the Special Educational
Needs Tribunal for Wales;
(c) in relation to a school in Scotland, an Additional Support 10
Needs Tribunal for Scotland;
“the English Tribunal” means the First-tier Tribunal;
“the Welsh Tribunal” means the Special Educational Needs Tribunal
for Wales;
“the Scottish Tribunal” means an Additional Support Needs Tribunal 15
for Scotland;
“responsible body” is to be construed in accordance with section 80.
PART 2
TRIBUNALS IN ENGLAND AND WALES
Introductory 20
2 This Part applies in relation to the English Tribunal and the Welsh Tribunal.
Jurisdiction
3 A claim that a responsible body has contravened Chapter 1 of Part 6 because

of a person’s disability may be made to the Tribunal by the person’s parent.
Time for bringing proceedings 25
4 (1) Proceedings on a claim may not be brought after the end of the period of 6
months starting with the date when the conduct complained of occurred.
(2) If, in relation to proceedings or prospective proceedings under section 27 of
the Equality Act 2006, the dispute is referred for conciliation in pursuance of
arrangements under that section before the end of that period, the period is 30
extended by 3 months.
(3) The Tribunal may consider a claim which is out of time.
(4) Sub-paragraph (3) does not apply if the Tribunal has previously decided
under that sub-paragraph not to consider a claim.
(5) For the purposes of sub-paragraph (1)— 35
(a) if the contravention is attributable to a term in a contract, the conduct
is to be treated as extending throughout the duration of the contract;
(b) conduct extending over a period is to be treated as occurring at the
end of the period;
210
EXPLANATORY NOTES
Examples
• A school pupil is not allowed to join other children in the playground at break-times
because of his wheelchair and his parents believe he is being discriminated against on
grounds of his disability. They are able to bring a claim against the school which is
heard by the First-tier Tribunal (in England). The Tribunal rules in favour of the pupil
and makes an order for the school to alter the practice which caused the discrimination
and make arrangements for the pupil to join his peers at break time.
• A pupil is refused admission to a school and her parents believe that it is on grounds of
her disability and make a claim. The claim cannot be heard by the First-tier Tribunal
and is heard by an independent education appeals panel under education legislation.
E211
Equality Bill
(c) failure to do a thing is to be treated as occurring when the person in
question decided on it.
(6) In the absence of evidence to the contrary, a person (P) is to be taken to
decide on failure to do a thing—
(a) when P acts inconsistently with doing the thing, or 5
(b) if P does not act inconsistently, on the expiry of the period in which
P might reasonably have been expected to do the thing.
Powers
5 (1) This paragraph applies if the Tribunal finds that the contravention has
occurred. 10
(2) The Tribunal may make such order as it thinks fit.
(3) The power under sub-paragraph (2)—
(a) may, in particular, be exercised with a view to obviating or reducing
the adverse effect on the person of any matter to which the claim
relates; 15
(b) does not include power to order the payment of compensation.
Procedure
6 (1) This paragraph applies in relation to the Welsh Tribunal.

(2) The Welsh Ministers may by regulations make provision as to—
(a) the proceedings on a claim under paragraph 3; 20
(b) the making of a claim.
(3) The regulations may, in particular, include provision—
(a) as to the manner in which a claim must be made;
(b) for enabling functions relating to preliminary or incidental matters
(including in particular a decision under paragraph 4(3) to be 25
performed by the President or by the person occupying the chair (the
PC));
(c) enabling hearings to be conducted in the absence of a member other
than the PC;
(d) as to persons who may appear on behalf of the parties; 30
(e) for granting such rights to disclosure or inspection of documents or
to further particulars as may be granted by the county court;
(f) requiring persons to attend to give evidence and produce
documents;
(g) for authorising the administration of oaths to witnesses; 35
(h) for deciding claims without a hearing in prescribed circumstances;
(i) as to the withdrawal of claims;
(j) for enabling the Tribunal to stay proceedings;
(k) for the award of costs or expenses;
(l) for settling costs or expenses (and, in particular, for enabling costs to 40
be assessed in the county court;
(m) for the registration and proof of decisions and orders;
211
EXPLANATORY NOTES
E212
Equality Bill
(n) for enabling prescribed decisions to be reviewed, or prescribed
orders to be varied or revoked, in such circumstances as may be
decided in accordance with the regulations.
(4) Proceedings must be held in private, except in prescribed circumstances.
(5) The Welsh Ministers may pay such allowances for the purpose of or in 5
connection with the attendance of persons at the Tribunal as they may
decide.
(6) Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but
regulations may make provision in relation to such proceedings that
corresponds to a provision of that Part. 10
(7) The regulations may make provision for a claim to be heard, in prescribed
circumstances, with an appeal under Part 4 of the Education Act 1996
(special educational needs).
(8) A person commits an offence by failing to comply with—
(a) a requirement in respect of the disclosure or inspection of documents 15
imposed by virtue of sub-paragraph (3)(e), or
(b) a requirement imposed by virtue of sub-paragraph (3)(f).
(9) A person guilty of the offence is liable on summary conviction to a fine not
exceeding level 3 on the standard scale.
PART 3 20
TRIBUNALS IN SCOTLAND
Introductory
7 This Part applies in relation to the Scottish Tribunal.
Jurisdiction
8 A claim that a responsible body has contravened Chapter 1 of Part 6 because 25

of a person’s disability may be made to the Tribunal by—
(a) the person’s parent;
(b) where the person has capacity to make the claim, the person.
Powers
9 (1) This paragraph applies if the Tribunal find the contravention has occurred. 30
(2) The Tribunal may make such order as it thinks fit.
(3) The power under sub-paragraph (2)—
(a) may, in particular, be exercised with a view to obviating or reducing
the adverse effect on the person of any matter to which the claim
relates; 35
(b) does not include power to order the payment of compensation.
Procedure etc.
10 (1) The Scottish Ministers may make rules as to—

(a) the proceedings on a claim under paragraph 8;
212
EXPLANATORY NOTES
E213
Equality Bill
(b) the making of a claim.
(2) The rules may, in particular, include provision for or in connection with—
(a) the form and manner in which a claim must be made;
(b) the time within which a claim is to be made;
(c) the withdrawal of claims; 5
(d) the recovery and inspection of documents;
(e) the persons who may appear on behalf of the parties;
(f) the persons who may be present at proceedings alongside any party
or witness to support the party or witness;
(g) enabling specified persons other than the parties to appear or be 10
represented in specified circumstances;
(h) requiring specified persons to give notice to other specified persons
of specified matters;
(i) the time within which any such notice must be given;
(j) enabling Tribunal proceedings to be conducted in the absence of any 15
member of a Tribunal other than the convener;
(k) enabling any matters that are preliminary or incidental to the
determination of proceedings to be determined by the convenor of a
Tribunal alone or with such other members of the Tribunal as may
be specified; 20
(l) enabling Tribunals to be held in private;
(m) enabling a Tribunal to exclude any person from attending all or part
of Tribunal proceedings;
(n) enabling a Tribunal to impose reporting restrictions in relation to all
or part of Tribunal proceedings; 25
(o) enabling a Tribunal to determine specified matters without holding
a hearing;
(p) the recording and publication of decisions and orders of a Tribunal;
(q) enabling a Tribunal to commission medical and other reports in
specified circumstances; 30
(r) requiring a Tribunal to take specified actions, or to determine
specified proceedings, within specified periods;
(s) enabling a Tribunal to make an award of expenses;
(t) the taxation or assessment of such expenses;
(u) enabling a Tribunal, in specified circumstances, to review, or to vary 35
or revoke, any of its decisions, orders or awards;
(v) enabling a Tribunal, in specified circumstances, to review the
decisions, orders or awards of another Tribunal and take such action
(including variation and revocation) in respect of those decisions,
orders or awards as it thinks fit. 40
Appeals
11 (1) Either of the persons specified in sub-paragraph (2) may appeal on a point
of law to the Court of Session against a decision of a Tribunal relating to a
claim under this Schedule.
(2) Those persons are— 45
(a) the person who made the claim;
(b) the responsible body.
213
EXPLANATORY NOTES
E214
Equality Bill
(3) Where the Court of Session allows an appeal under sub-paragraph (1) it
may—
(a) remit the reference back to the Tribunal or to a differently constituted
Tribunal to be considered again and give the Tribunal such
directions about the consideration of the case as the Court thinks fit; 5
(b) make such ancillary orders as it considers necessary or appropriate.
Amendment of Education (Additional Support for Learning) (Scotland) Act 2004
12 The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)
is amended as follows—
(a) in section 17(1), omit “to exercise the functions which are conferred 10
on a Tribunal by virtue of this Act”,
(b) after section 17(1), insert—
“(1A) Tribunals are to exercise the functions which are conferred on
them by virtue of—
(a) this Act, and 15
(b) the Equality Act 2009”;
(c) in the definition of “Tribunal functions” in paragraph 1 of Schedule
1, after “Act” insert “or the Equality Act 2009”.
PART 4
ADMISSIONS AND EXCLUSIONS 20
Admissions
13 (1) This paragraph applies if appeal arrangements have been made in relation
to admissions decisions.
(2) A claim that a responsible body has, because of a person’s disability,
contravened Chapter 1 of Part 6 in respect of an admissions decision must 25
be made under the appeal arrangements.
(3) The body hearing the claim has the powers it has in relation to an appeal
under the appeal arrangements.
(4) Appeal arrangements are arrangements under—
(a) section 94 of the School Standards and Framework Act 1998, or 30
(b) an agreement between the responsible body for an Academy and the
Secretary of State under section 482 of the Education Act 1996,
enabling an appeal to be made by the person’s parent against the decision.
(5) An admissions decision is—
(a) a decision of a kind mentioned in section 94(1) or (2) of the School 35
Standards and Framework Act 1998;
(b) a decision as to the admission of a person to an Academy taken by
the responsible body or on its behalf.
Exclusions
14 (1) This paragraph applies if appeal arrangements have been made in relation 40
to exclusion decisions.
214
EXPLANATORY NOTES
Schedule 18: Public Sector Equality Duty: exceptions
Effect
876. This Schedule lists exceptions to the coverage of the public sector equality duty.
877. Paragraph 1 disapplies the Equality Duty with respect to age in relation to the
education of pupils in schools and the provision of services to pupils in schools and in relation
to children’s homes.
878. Paragraph 2 disapplies the equality of opportunity limb of the Equality Duty in
relation to race, religion or belief or age in relation to immigration functions.
879. Paragraph 3 disapplies the duty in respect of any public functions (as that term is
defined for the purposes of the Human Rights Act 1998) performed by the persons listed in
sub-paragraph (2), or in relation to the functions listed in sub-paragraph (3).
880. Paragraph 4 contains a power for a Minister of the Crown by order to add, change or
remove an exception to the scope of the Equality Duty.
Background
881. This Schedule replaces the exception for immigration functions from the race duty in
section 71A of the Race Relations Act. It also replaces sections 76A(3) and (4) of the Sex
Discrimination Act 1976 and sections 49C and 49D of the Disability Discrimination Act 1995
relating to excepted bodies and functions.
E215
Equality Bill
(2) A claim that a responsible body has, because of a person’s disability,
contravened Chapter 1 of Part 6 in respect of an exclusion decision must be
made under the appeal arrangements.
(3) The body hearing the claim has the powers it has in relation to an appeal
under the appeal arrangements. 5
(4) Appeal arrangements are arrangements under—
(a) section 52(3) of the Education Act 2002, or
(b) an agreement between the responsible body for an Academy and the
Secretary of State under section 482 of the Education Act 1996,
enabling an appeal to be made by the person’s parent against the decision. 10
(5) An exclusion decision is—
(a) a decision of a kind mentioned in 52(3) of the Education Act 2002;
(b) a decision taken by the responsible body or on its behalf not to
reinstate a pupil who has been permanently excluded from an
Academy by its head teacher. 15
(6) “Responsible body”, in relation to a maintained school, includes the
discipline committee of the governing body if that committee is required to
be established as a result of regulations made under section 19 of the
Education Act 2002.
(7) “Maintained school” has the meaning given in section 20(7) of the School 20
Standards and Framework Act 1998.
PUBLIC SECTOR EQUALITY DUTY: EXCEPTIONS
Children
1 (1) Section 143, so far as relating to age, does not apply to the exercise of a 25
function relating to—
(a) the provision of education to pupils in schools;
(b) the provision of benefits, facilities or services to pupils in schools;
(c) the provision of accommodation, benefits, facilities or services in
community homes pursuant to section 53(1) of the Children Act 30
1989;
(d) the provision of accommodation, benefits, facilities or services
pursuant to arrangements under section 82(5) of that Act
(arrangements by the Secretary of State relating to the
accommodation of children). 35
(2) “Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6
(schools).
Immigration
2 (1) In relation to the exercise of immigration and nationality functions, section

143 has effect as if subsection (1)(b) did not apply to the protected 40
characteristics of age, race or religion or belief.
215
EXPLANATORY NOTES
Examples
• A school will not need to consider advancing equality of opportunity between pupils
on the grounds of age. Nor will it need to consider how to foster good relations
between pupils on the grounds of age. But it will still need to give due regard to the
need to eliminate unlawful discrimination, advance equality of opportunity and foster
good relations between pupils in respect of the other protected characteristics.
• The UK Border Authority, when taking immigration-related decisions, will not need
to give due regard to the need to advance equality of opportunity for people of
different races, religious beliefs or age when taking those decisions. However, it will
still be required to give due regard to the need to advance equality of opportunity for
disabled people, for men and women, for people of all sexual orientations and
transsexual people when making those decisions.
E216
Equality Bill
(2) “Immigration and nationality functions” means functions exercisable by

virtue of—
(a) the Immigration Acts (excluding sections 28A to 28K of the
Immigration Act 1971 so far as they relate to criminal offences),
(b) the British Nationality Act 1981, 5
(c) the British Nationality (Falkland Islands) Act 1983,
(d) the British Nationality (Hong Kong) Act 1990,
(e) the Hong Kong (War Wives and Widows) Act 1996,
(f) the British Nationality (Hong Kong) Act 1997,
(g) the Special Immigration Appeals Commission Act 1997, 10
(h) a provision made under section 2(2) of the European Communities
Act 1972, or of Community law, which relates to the subject matter
of an enactment within paragraphs (a) to (g).
Exceptions that are specific to section 143(2)
3 (1) Section 143(2) (application of section 143(1) to persons who are not public 15
authorities but by whom public functions are exercisable) does not apply
to—
(a) a person listed in sub-paragraph (2);
(b) the exercise of a function listed in sub-paragraph (3).
(2) Those persons are— 20
(a) the House of Commons;
(b) the House of Lords;
(c) the Scottish Parliament;
(d) the National Assembly for Wales;
(e) the General Synod of the Church of England; 25
(f) the Security Service;
(g) the Secret Intelligence Service;
(h) the Government Communications Headquarters;
(i) a part of the armed forces which is, in accordance with a requirement
of the Secretary of State, assisting the Government Communications 30
Headquarters.
(3) Those functions are—
(a) a function in connection with proceedings in the House of Commons
or the House of Lords;
(b) a function in connection with proceedings in the Scottish Parliament 35
(other than a function of the Scottish Parliamentary Corporate Body);
(c) a function in connection with proceedings in the National Assembly
for Wales (other than a function of the National Assembly for Wales
Commission);
(d) a judicial function; 40
(e) a function exercised on behalf of, or on the instructions of, a person
exercising a judicial function;
(f) a function of deciding whether or not to institute or continue
criminal proceedings.
(4) A reference in sub-paragraph (3) to a judicial function includes a reference 45
to a judicial function conferred on a person other than a court or tribunal.
216
EXPLANATORY NOTES
Schedule 19: Public authorities
Effect
882. This Schedule lists those public authorities which are subject to the public sector
equality duty contained in clause 143(1). It is divided into three Parts: public authorities
generally; relevant Welsh authorities; and relevant Scottish authorities. There is provision for a
fourth Part to be added for cross-border Welsh and Scottish authorities. Subsection (2) of
clause 143 applies the public sector equality duty to other persons who are not listed in the
Schedule, but who are carrying out public functions, but only with regard to the exercise of
those functions. The powers in clauses 147 and 148 to impose specific duties only apply to
bodies listed in the Schedule; they do not extend to persons who are subject to the public
sector equality duty by virtue of subsection (2) of clause 143.
Background
883. This Schedule uses as its starting point Schedule 1A of the Race Relations Act 1976.
E217
Equality Bill
Power to amend Schedule
4 A Minister of the Crown may by order amend this Schedule so as to add,

vary or omit an exception to section 143.
PUBLIC AUTHORITIES 5
PART 1
PUBLIC AUTHORITIES: GENERAL
Ministers of the Crown and government departments
A Minister of the Crown.

A government department other than the Security Service, the Secret 10
Intelligence Service or the Government Communications
Headquarters.
Armed forces
Any of the armed forces other than any part of the armed forces which is,
in accordance with a requirement of the Secretary of State, assisting the 15
Government Communications Headquarters.
National Health Service
A Strategic Health Authority established under section 13 of the National

Health Service Act 2006, or continued in existence by virtue of that
section. 20
A Primary Care Trust established under section 18 of that Act, or
continued in existence by virtue of that section.
An NHS trust established under section 25 of that Act.
A Special Health Authority established under section 28 of that Act other
than NHS Blood and Transplant and the NHS Business Services 25
Authority.
An NHS foundation trust within the meaning given by section 30 of that
Act.
Local government
A county council, district council or parish council in England. 30

A parish meeting constituted under section 13 of the Local Government
Act 1972.
Charter trustees constituted under section 246 of that Act for an area in
England.
The Greater London Authority. 35
A London borough council.
The Common Council of the City of London in its capacity as a local
authority or port health authority.
217
EXPLANATORY NOTES
E218
Equality Bill
The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the
Middle Temple, in that person’s capacity as a local authority.
The London Development Agency.
The London Fire and Emergency Planning Authority.
Transport for London. 5
The Council of the Isles of Scilly.
The Broads Authority established by section 1 of the Norfolk and Suffolk
Broads Act 1988.
A regional development agency established by the Regional
Development Agencies Act 1998 (other than the London Development 10
Agency).
A fire and rescue authority constituted by a scheme under section 2 of the
Fire and Rescue Services Act 2004, or a scheme to which section 4 of that
Act applies, for an area in England.
An internal drainage board which is continued in being by virtue of 15
section 1 of the Land Drainage Act 1991 for an area in England.
A National Park authority established by an order under section 63 of the
Environment Act 1995 for an area in England.
A Passenger Transport Executive for an integrated transport area in
England (within the meaning of Part 2 of the Transport Act 1968). 20
A port health authority constituted by an order under section 2 of the
Public Health (Control of Disease) Act 1984 for an area in England.
A waste disposal authority established by virtue of an order under section
10(1) of the Local Government Act 1985.
A joint authority established under Part 4 of that Act for an area in 25
England (including, by virtue of section 77(9) of the Local Transport
Act 2008, an Integrated Transport Authority established under Part 5 of
that Act of 2008).
A body corporate established pursuant to an order under section 67 of the
Local Government Act 1985. 30
A joint committee constituted in accordance with section 102(1)(b) of the
Local Government Act 1972 for an area in England.
A joint board which is continued in being by virtue of section 263(1) of
that Act for an area in England.
Other educational bodies 35
The governing body of an educational establishment maintained by an

English local authority (within the meaning of section 162 of the
Education and Inspections Act 2006).
The governing body of an institution in England within the further
education sector (within the meaning of section 91(3) of the Further and 40
Higher Education Act 1992).
The governing body of an institution in England within the higher
education sector (within the meaning of section 91(5) of that Act).
Police
A police authority established under section 3 of the Police Act 1996. 45

The Metropolitan Police Authority established under section 5B of that
Act.
218
EXPLANATORY NOTES
E219
Equality Bill
The Common Council of the City of London in its capacity as a police
authority.
PART 2
PUBLIC AUTHORITIES: RELEVANT WELSH AUTHORITIES
Welsh Assembly Government, etc. 5
The Welsh Ministers.

The First Minister for Wales.
The Counsel General to the Welsh Assembly Government.
A subsidiary of the Welsh Ministers (within the meaning given by section
134(4) of the Government of Wales Act 2006). 10
A Local Health Board established under section 11 of the National Health

Service (Wales) Act 2006.
An NHS trust established under section 18 of that Act.
A Special Health Authority established under section 22 of that Act other 15
than NHS Blood and Transplant and the NHS Business Services
Authority.
A Community Health Council in Wales.
Local government
A county council, county borough council or community council in 20

Wales.
Charter trustees constituted under section 246 of the Local Government
Act 1972 for an area in Wales.
A fire and rescue authority constituted by a scheme under section 2 of the
Fire and Rescue Services Act 2004, or a scheme to which section 4 of that 25
Act applies, for an area in Wales.
An internal drainage board which is continued in being by virtue of
section 1 of the Land Drainage Act 1991 for an area in Wales.
A National Park authority established by an order under section 63 of the
Environment Act 1995 for an area in Wales. 30
A port health authority constituted by an order under section 2 of the
Public Health (Control of Disease) Act 1984 for an area in Wales.
A joint authority established under Part 4 of the Local Government Act
1985 for an area in Wales.
A joint committee constituted in accordance with section 102(1)(b) of the 35
Local Government Act 1972 for an area in Wales.
A joint board which is continued in being by virtue of section 263(1) of
that Act for an area in Wales.
Other educational bodies
The governing body of an educational establishment maintained by a 40

Welsh local authority (within the meaning of section 162 of the
Education and Inspections Act 2006).
219
EXPLANATORY NOTES
E220
Equality Bill
The governing body of an institution in Wales within the further
education sector (within the meaning of section 91(3) of the Further and
Higher Education Act 1992).
The governing body of an institution in Wales within the higher
education sector (within the meaning of section 91(5) of that Act). 5
PART 3
PUBLIC AUTHORITIES: RELEVANT SCOTTISH AUTHORITIES
Scottish Administration
An office-holder in the Scottish Administration (within the meaning

given by section 126(7)(a) of the Scotland Act 1998). 10
A Health Board constituted under section 2 of the National Health Service

A Special Health Board constituted under that section.
Local government 15
A council constituted under section 2 of the Local Government etc.

A community council established under section 51 of the Local
Government (Scotland) Act 1973.
A joint board within the meaning of section 235(1) of that Act. 20
A joint fire and rescue board constituted by a scheme under section 2(1)
of the Fire (Scotland) Act 2005.
A licensing board established under section 5 of the Licensing (Scotland)
Act 2005, or continued in being by virtue of that section.
A National Park authority established by a designation order made under 25
section 6 of the National Parks (Scotland) Act 2000.
Scottish Enterprise and Highlands and Islands Enterprise, established
under the Enterprise and New Towns (Scotland) Act 1990.
Other educational bodies
An education authority in Scotland (within the meaning of section 135(1) 30

of the Education (Scotland) Act 1980).
The managers of a grant-aided school (within the meaning of that
section).
The board of management of a college of further education (within the
meaning of section 36(1) of the Further and Higher Education 35
(Scotland) Act 1992).
In the case of such a college of further education not under the
management of a board of management, the board of governors of the
college or any person responsible for the management of the college,
whether or not formally constituted as a governing body or board of 40
governors.
220
EXPLANATORY NOTES
Schedule 20: rail vehicle accessibility: compliance
884. The provisions of this Schedule are tied to those of clause 179 which provides for the
Schedule to be repealed if not brought into force (either fully or to any extent) by 31 December
2010.
885. This approach is required since the Department for Transport is consulting, in tandem
with the passage of this Bill through Parliament, on a re-appraisal of the compliance
certification and civil enforcement regimes of sections 47A to 47M of the Disability
Discrimination Act 1995, together with new rail vehicle accessibility regulations prepared
under section 46 of the Disability Discrimination Act 1995.
886. Following consideration of responses to the public consultation, the Government will
reach its conclusion on whether to proceed with the commencement of this Schedule in whole
or in part.
Paragraphs 1 to 4
887. These paragraphs introduce the concept of “compliance certification” into the rail
vehicle accessibility regime. The effect would be to require prescribed rail vehicles to have a
rail vehicle accessibility compliance certificate (which certifies compliance with accessibility
standards).
Rail vehicle accessibility compliance certificates: paragraph 1
Effect
888. This paragraph provides for the introduction of compliance certification into the rail
vehicle accessibility regime by prohibiting a regulated rail vehicle from being used in
passenger service unless a valid compliance certificate has been issued for that rail vehicle.
Regulations are required to set out which rail vehicles will require a compliance certificate.
889. It also contains provisions to enable a penalty to be paid to the Secretary of State
should a regulated rail vehicle, which is required to have a compliance certificate, be operated
in passenger service without one.
890. In circumstances where the Secretary of State has refused to issue a compliance
certificate, provisions are made for the applicant to ask for a review of that decision, within a
maximum time period to be set in regulations, taking into account any written representations
that may be presented by the applicant. A fee can be charged to recover the costs of
undertaking such a review.
E221
Equality Bill
The governing body of an institution within the higher education sector
(within the meaning of Part 2 of the Further and Higher Education
(Scotland) Act 1992).
Police
A police authority established under section 2 of the Police (Scotland) Act 5

1967.
RAIL VEHICLE ACCESSIBILITY: COMPLIANCE
Rail vehicle accessibility compliance certificates
1 (1) A regulated rail vehicle which is prescribed, or is of a prescribed class or 10

description, must not be used for carriage unless a compliance certificate is
in force for the vehicle.
(2) A “compliance certificate” is a certificate that the Secretary of State is
satisfied that the regulated rail vehicle conforms with the provisions of rail
vehicle accessibility regulations with which it is required to conform. 15
(3) A compliance certificate is subject to such conditions as are specified in it.
(4) A compliance certificate may not be issued for a rail vehicle unless the
Secretary of State has been provided with a report of a compliance
assessment of the vehicle.
(5) A “compliance assessment” is an assessment of a rail vehicle against 20
provisions of rail vehicle accessibility regulations with which the vehicle is
required to conform.
(6) If a regulated rail vehicle is used for carriage in contravention of sub-
paragraph (1), the Secretary of State may require the operator of the vehicle
to pay a penalty. 25
(7) The Secretary of State must review a decision not to issue a compliance
certificate if before the end of the prescribed period the applicant—
(a) asks the Secretary of State to review the decision, and
(b) pays any fee fixed under paragraph 4.
(8) For the purposes of the review, the Secretary of State must consider any 30
representations made by the applicant in writing before the end of the
prescribed period.
Regulations as to compliance certificates
2 (1) Regulations may make provision as to compliance certificates.

(2) The regulations may (in particular) include provision— 35
(a) as to applications for and issue of certificates;
(b) specifying conditions to which certificates are subject;
(c) as to the period for which a certificate is in force;
(d) as to circumstances in which a certificate ceases to be in force;
221
EXPLANATORY NOTES
Background
891. This paragraph replicates the provisions of sections 47A and 47D of the Disability
Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force).
892. Regulations as to compliance certificates: paragraph 2
Effect
892. This paragraph enables regulations to be made setting out how the compliance
certification regime introduced by paragraph 1 will operate in practice. For example, the
regulations may specify who may apply for a compliance certificate, the conditions to which
they are subject and the period for which they will remain in force.
Background
893. This paragraph replicates some of the provisions of section 47B (1) to (3) of the
Disability Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not
yet in force).
Regulations as to compliance assessments: paragraph 3
Effect
894. This paragraph provides for regulations to be made for the undertaking of compliance
assessments, including provision as to who may carry out assessments, and may provide that
assessments be carried out by persons appointed by the Secretary of State (to be known as an
“appointed assessor”).
895. Sub-paragraph (3) enables regulations to make provision about the appointment of
appointed assessors, for them to charge fees in connection with their work, to prescribe
procedures and for the referral of disputes between an appointed assessor and a person who
requested a compliance assessment.
Background
896. This paragraph replicates the remaining provisions of section 47B of the Disability
Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force)
not replicated in paragraph 2.
Fees in respect of compliance certificates: paragraph 4
Effect
897. It enables regulations to be made setting out the fees which the Secretary of State may
charge to recover the costs of carrying out certain administrative tasks relating to the issuing of
compliance certificates. Any fees which are received must be paid into the Consolidated
Fund. Before making any regulations under this paragraph, the Secretary of State must
consult representative organisations.
Background
898. This paragraph replicates the provisions of section 47C of the Disability
E222
Equality Bill
(e) dealing with failure to comply with a specified condition;

(f) for the examination of rail vehicles in respect of which applications
have been made;
(g) with respect to the issue of copies of certificates in place of those
which have been lost or destroyed. 5
Regulations as to compliance assessments
3 (1) Regulations may make provision as to compliance assessments.

(2) The regulations—
(a) may make provision as to the person who has to have carried out the
assessment; 10
(b) may (in particular) require that the assessment be one carried out by
a person who has been appointed by the Secretary of State to carry
out compliance assessments (an “appointed assessor”).
(3) For the purposes of any provisions in the regulations made by virtue of sub-
paragraph (2)(b), the regulations— 15
(a) may make provision about appointments of appointed assessors,
including (in particular)—
(i) provision for an appointment to be on application or
otherwise than on application;
(ii) provision as to who may be appointed; 20
(iii) provision as to the form of applications for appointment;
(iv) provision as to information to be supplied with applications
for appointment;
(v) provision as to terms and conditions, or the period or
termination, of an appointment; 25
(vi) provision for terms and conditions of an appointment,
including any as to its period or termination, to be as agreed
by the Secretary of State when making the appointment;
(b) may make provision authorising an appointed assessor to charge
fees in connection with, or incidental to, the carrying out of a 30
compliance assessment, including (in particular)—
(i) provision restricting the amount of a fee;
(ii) provision authorising fees that contain a profit element;
(iii) provision for advance payment of fees;
(c) may make provision requiring an appointed assessor to carry out a 35
compliance assessment, and to do so in accordance with any
procedures that may be prescribed, if prescribed conditions (which
may include conditions as to the payment of fees to the assessor) are
satisfied;
(d) must make provision for the referral to the Secretary of State of 40
disputes between—
(i) an appointed assessor carrying out a compliance assessment,
and
(ii) the person who requested the assessment,
relating to which provisions of rail vehicle accessibility regulations 45
the vehicle is to be assessed against or to what amounts to conformity
with any of those provisions.
222
EXPLANATORY NOTES
Paragraphs 5 to 12
899. Paragraphs 5 to 12 make provision for a civil enforcement regime which enables
penalties to be levied for non-compliance with rail vehicle accessibility regulations.
Penalty for using rail vehicle that does not conform with accessibility regulations: paragraph 5
Effect
900. This paragraph sets out the procedure to be followed by the Secretary of State in
respect of an operator of a regulated rail vehicle which appears not to comply with the
construction requirements of rail vehicle accessibility regulations. The procedure involves the
issue of “improvement” and “final” notices and, if the vehicle is used despite still being non-
compliant with those elements of rail vehicle accessibility regulations with which it is required
to conform, the Secretary of State may impose a penalty. The various timescales leading up to
the imposition of the penalty are to be set out in regulations.
Background
901. This paragraph replicates the provisions of section 47E of the Disability
Penalty for using rail vehicle otherwise than in conformity with accessibility regulations:
paragraph 6
Effect
902. This paragraph makes similar provisions to paragraph 5 but in respect of vehicles used
in a way which does not comply with the operational, rather than technical, requirements of
accessibility regulations. For example, a regulated rail vehicle may have appropriate
equipment to assist a disabled person in getting on or off the vehicle, such as a lift or ramp, but
no member of staff is available to operate it.
Background
903. This paragraph replicates the provisions of section 47F of the Disability
Inspection of rail vehicles: paragraph 7
Effect
904. This paragraph sets out powers of inspection, to be available where the Secretary of
State has reasonable grounds for suspecting that a regulated rail vehicle does not conform with
those provisions of accessibility regulations with which it is required to conform. The
paragraph also grants similar powers of inspection following the issuing of notices under
paragraph 6. “Inspectors” are empowered to examine and test such rail vehicles and to enter
premises at which it is believed they are kept, and to enter them. If an inspector is
intentionally obstructed in the exercise of these powers by an operator, or someone acting on
the operator’s behalf, the Secretary of State may, in certain circumstances, impose a penalty on
the operator.
Background
905. This paragraph replicates the provisions of section 47G of the Disability
E223 Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force).
Equality Bill
(4) For the purposes of sub-paragraph (3)(b) to (d) a compliance assessment

includes pre-assessment activities (for example, a consideration of how the
outcome of a compliance assessment would be affected by the carrying out
of particular proposed work).
Fees in respect of compliance certificates 5
4 (1) The Secretary of State may charge such fees, payable at such times, as are
prescribed in respect of—
(a) applications for, and the issue of, compliance certificates;
(b) copies of compliance certificates;
(c) reviews under paragraph 1(7); 10
(d) referrals of disputes under provision made by virtue of paragraph
3(3)(d).
(2) Fees received by the Secretary of State must be paid into the Consolidated
Fund.
(3) Regulations under this paragraph may make provision for the repayment of 15
fees, in whole or in part, in such circumstances as are prescribed.
(4) Before making regulations under this paragraph the Secretary of State must
consult such representative organisations as the Secretary of State thinks fit.
Penalty for using rail vehicle that does not conform with accessibility regulations
5 (1) If the Secretary of State thinks that a regulated rail vehicle does not conform 20
with a provision of rail vehicle accessibility regulations with which it is
required to conform, the Secretary of State may give the operator of the
vehicle a notice—
(a) identifying the vehicle, the provision and how the vehicle fails to
conform; 25
(b) specifying the improvement deadline.
(2) The improvement deadline may not be earlier than the end of the prescribed
period beginning with the day the notice is given.
(3) Sub-paragraph (4) applies if—
(a) the Secretary of State has given a notice under sub-paragraph (1), 30
(b) the improvement deadline specified in the notice has passed, and
(c) the Secretary of State thinks that the vehicle still does not conform
with the provision identified in the notice.
(4) The Secretary of State may give the operator a further notice—
(a) identifying the vehicle, the provision and how the vehicle fails to 35
conform;
(b) specifying the final deadline.
(5) The final deadline may not be earlier than the end of the prescribed period
beginning with the day the further notice is given.
(6) The Secretary of State may require the operator to pay a penalty if— 40
(a) the Secretary of State has given notice under sub-paragraph (4), and
(b) the vehicle is used for carriage at a time after the final deadline when
the vehicle does not conform with the provision identified in the
notice.
223
EXPLANATORY NOTES
Supplementary powers: paragraph 8
Effect
906. This paragraph allows the Secretary of State to issue a notice to a rail vehicle operator
requiring them to provide information by a specified deadline to enable a rail vehicle which is
described in that notice to be identified. A penalty may be imposed on the recipient of such a
notice if they fail to provide the information required by the deadline, which must be a
minimum of 14 days from the date on which the notice is given.
907. Provision is also included to incentivise compliance with notices served under
paragraphs 5 or 6 (notices requiring rail operators to make vehicles, or their use, compliant
with accessibility regulations). Operators may be required to state what steps they are taking
to comply with such notices.
908. In default of providing this information, the Secretary of State is empowered to

proceed to the “further notice” stage under paragraphs 5 or 6, a precursor to charging a penalty
for non-compliance.
Background
909. This paragraph replicates the provisions of section 47H of the Disability
Discrimination Act 1995 as inserted by the Disability Discrimination Act 2005 (not yet in
force).
Penalties: amount, due date and recovery: paragraph 9
Effect
910. This paragraph makes provision in relation to the amount, due date and recovery of
penalties imposed under paragraphs 1 and 5 to 8. It stipulates that the maximum penalty
cannot exceed the amount prescribed in regulations, or 10 per cent of the turnover of the rail
vehicle operator subject to the penalty, whichever is the lesser amount. “Turnover” must be
determined in accordance with provisions set out in regulations and the Secretary of State is
able to take court proceedings to recover any penalty payable to him. All penalties must be
paid into the Consolidated Fund.
Background
911. This paragraph replicates section 47J (1) to (7) of the Disability Discrimination Act
1995 inserted by the Disability Discrimination Act 2005 (not yet in force). The other aspects
of section 47 are replicated at paragraph 10.
Penalties: code of practice: paragraph 10
Effect
912. This paragraph requires the Secretary of State to issue a code of practice to set out
matters that must be considered in determining the level of a penalty. The Secretary of State is
required to take account of the code when imposing a penalty under this Schedule or in
considering any objections received to the imposition of a penalty. So is a court in considering
an appeal against a penalty under paragraph 12.
913. Before issuing either the first or a revised code of practice, the Secretary of State must
lay a draft before Parliament, and may bring it into operation by order.
E224
Equality Bill
Penalty for using rail vehicle otherwise than in conformity with accessibility regulations
6 (1) If the Secretary of State thinks that a regulated rail vehicle has been used for
carriage otherwise than in conformity with a provision of rail vehicle
accessibility regulations with which the use of the vehicle is required to
conform, the Secretary of State may give the operator of the vehicle a 5
notice—
(a) identifying the provision and how it was breached;
(b) identifying each vehicle operated by the operator that is covered by
the notice;
(c) specifying the improvement deadline. 10
(2) The improvement deadline may not be earlier than the end of the prescribed
period beginning with the day the notice is given.
(3) Sub-paragraph (4) applies if—
(a) the Secretary of State has given a notice under sub-paragraph (1),
(b) the improvement deadline specified in the notice has passed, and 15
(c) the Secretary of State thinks that a vehicle covered by the notice has
after that deadline been used for carriage otherwise than in
conformity with the provision identified in the notice.
(4) The Secretary of State may give the operator a further notice—
(a) identifying the provision and how it was breached; 20
(b) identifying each vehicle operated by the operator that is covered by
the further notice;
(c) specifying the final deadline.
(5) The final deadline may not be earlier than the end of the prescribed period
beginning with the day the further notice is given. 25
(6) The Secretary of State may require the operator to pay a penalty if—
(a) the Secretary of State has given notice under sub-paragraph (4), and
(b) a vehicle covered by the notice is at a time after the final deadline
used for carriage otherwise than in conformity with the provision
identified in the notice. 30
Inspection of rail vehicles
7 (1) If the condition in sub-paragraph (2) is satisfied, a person authorised by the

Secretary of State (an “inspector”) may inspect a regulated rail vehicle for
conformity with provisions of the accessibility regulations with which it is
required to conform. 35
(2) The condition is that the Secretary of State—
(a) has reasonable grounds for suspecting that the vehicle does not
conform with such provisions, or
(b) has given a notice under paragraph 5(1) or (4) relating to the vehicle.
(3) For the purpose of exercising the power under sub-paragraph (1) an 40
inspector may—
(a) enter premises if the inspector has reasonable grounds for suspecting
that the vehicle is at the premises;
(b) enter the vehicle;
224
EXPLANATORY NOTES
Background
914. This paragraph replicates the remaining provisions of section 47J of the Disability
Discrimination Act 1995 inserted by the Disability Discrimination Act 2005 (not yet in force)
which are not replicated in paragraph 9.
Penalties: procedure: paragraph 11
Effect
915. This paragraph sets out the procedure for the imposition of penalties under this
Schedule. In particular it specifies the information which the Secretary of State must provide
when notifying a rail vehicle operator that they are liable to a penalty, and outlines the
operator’s right to object to the imposition, or amount of, a penalty. Should an objection be
received, the Secretary of State is under an obligation to consider the objection and take
appropriate action.
916. Background
916. This paragraph replicates the provisions of section 47K of the Disability
Penalties: appeal: paragraph 12
Effect
917. This paragraph sets out the right of an operator, on whom a penalty has been imposed,
to appeal to a court on the grounds that either they are not liable to a penalty, or that the
amount is too high. An appeal under this section is a re-hearing of the Secretary of State’s
original decision to impose a penalty, and may be brought whether or not the operator has
given a notice of objection (under paragraph 11), or the Secretary of State has already reduced
a penalty.
Background
918. This paragraph replicates the provisions of section 47L of the Disability
Forgery etc.: paragraph 13
Effect
919. This paragraph makes it a criminal offence for a person, with intent to deceive, to
forge, alter, use, or lend a compliance certificate, to allow one to be used by another person, to
make or have possession of a document which closely resembles one, or to knowingly make a
false statement for the purpose of obtaining one.
920. It also makes it a criminal offence for a person to impersonate an inspector authorised
by the Secretary of State under paragraph 7.
Background
921. This paragraph replicates elements of the provisions of section 49 of the Disability
E225
Equality Bill
(c) require any person to afford such facilities and assistance with
respect to matters under the person’s control as are necessary to
enable the inspector to exercise the power.
(4) An inspector must, if required to do so, produce evidence of the Secretary of
State’s authorisation. 5
(5) For the purposes of paragraph 5(1) the Secretary of State may draw such
inferences as appear proper from any obstruction of the exercise of the
power under sub-paragraph (1).
(6) Sub-paragraphs (7) and (8) apply if the power under sub-paragraph (1) is
exercisable by virtue of sub-paragraph (2)(b). 10
(7) The Secretary of State may treat paragraph 5(3)(c) as satisfied in relation to
a vehicle if—
(a) the inspector takes steps to exercise the power after a notice is given
under paragraph 5(1) but before a notice is given under paragraph
5(4), and 15
(b) a person obstructs the exercise of the power.
(8) The Secretary of State may require the operator of a vehicle to pay a penalty
if—
(a) the operator, or a person acting on the operator’s behalf,
intentionally obstructs the exercise of the power, and 20
(b) the obstruction occurs after a notice has been given under paragraph
5(4) in respect of the vehicle.
(9) In this paragraph “inspect” includes test.
Supplementary powers
8 (1) For the purposes of paragraph 5 the Secretary of State may give notice to a 25
person requiring the person to supply the Secretary of State by a time
specified in the notice with a vehicle number or other identifier for a rail
vehicle—
(a) of which the person is the operator, and
(b) which is specified in the notice. 30
(2) The time specified may not be earlier than the end of the period of 14 days
beginning with the day the notice is given.
(3) If the person does not comply with the notice, the Secretary of State may
require the person to pay a penalty.
(4) If the Secretary of State has given a notice to a person under paragraph 5(1) 35
or 6(1), the Secretary of State may request the person to supply the Secretary
of State, by a time specified in the request, with a statement detailing the
steps taken in response to the notice.
(5) The time specified may not be earlier than the improvement deadline.
(6) The Secretary of State may treat paragraph 5(3)(c) or (as the case may be) 40
paragraph 6(3)(c) as being satisfied in relation to a vehicle if a request under
sub-paragraph (4) is not complied with by the time specified.
225
EXPLANATORY NOTES
Interpretation: paragraph 14
Effect
922. This paragraph defines what is meant by the terms “compliance assessment”,
“compliance certificate” and “operator” in relation to this Schedule.
923. Under sub-paragraph (2), if a rail vehicle to which this Schedule applies is the subject
of an exemption order, issued under Clause 176, then a reference in this Schedule to a rail
vehicle accessibility requirement will not include a requirement from which that vehicle is
exempt.
Background
924. This paragraph replicates elements of the provisions of section 47M of the Disability
E226
Equality Bill
Penalties: amount, due date and recovery
9 (1) In this paragraph and paragraphs 10 to 12 “penalty” means a penalty under

this Schedule.
(2) The amount of a penalty must not exceed whichever is the lesser of—
(a) the maximum prescribed for the purposes of this sub-paragraph; 5
(b) 10% of the turnover of the person on whom it is imposed.
(3) Turnover is to be determined by such means as are prescribed.
(4) A penalty must be paid to the Secretary of State before the end of the
prescribed period.
(5) A sum payable as a penalty may be recovered as a debt due to the Secretary 10
of State.
(6) In proceedings for recovery of a penalty no question may be raised as to—
(a) liability to the penalty;
(b) its amount.
(7) Sums paid to the Secretary of State as a penalty must be paid into the 15
Consolidated Fund.
Penalties: code of practice
10 (1) The Secretary of State must issue a code of practice specifying matters to be
considered in determining the amount of a penalty.
(2) The Secretary of State may— 20
(a) revise the whole or part of the code;
(b) issue the code as revised.
(3) Before issuing the code the Secretary of State must lay a draft of it before
Parliament.
(4) After laying the draft before Parliament, the Secretary of State may bring the 25
code into operation by order.
(5) The Secretary of State must have regard to the code and any other relevant
matter—
(a) when imposing a penalty;
(b) when considering an objection under paragraph 11. 30
(6) In sub-paragraphs (3) to (5) a reference to the code includes a reference to the
code as revised.
Penalties: procedure
11 (1) If the Secretary of State decides that a person is liable to a penalty the
Secretary of State must notify the person. 35
(2) The notification must—
(a) state the Secretary of State’s reasons for the decision;
(b) state the amount of the penalty;
(c) specify the date by which and manner in which the penalty must be
paid; 40
226
EXPLANATORY NOTES
E227
Equality Bill
(d) explain how the person may object to the penalty.

(3) The person may give the Secretary of State notice of objection to the penalty
on the ground that—
(a) the person is not liable to the penalty, or
(b) the amount of the penalty is too high. 5
(4) A notice of objection must—
(a) be in writing;
(b) give the reasons for the objection;
(c) be given before the end of the period prescribed for the purposes of
this sub-paragraph. 10
(5) On considering a notice of objection the Secretary of State may—
(a) cancel the penalty;
(b) reduce the amount of the penalty;
(c) do neither of these things.
(6) The Secretary of State must inform the objector of the decision under sub- 15
paragraph (5) before the end of the period prescribed for the purposes of this
sub-paragraph (or such longer period as is agreed with the objector).
Penalties: appeals
12 (1) A person may appeal to the court against a penalty on the ground that—
(a) the person is not liable to the penalty; 20
(b) the amount of the penalty is too high.
(2) The court may—
(a) allow the appeal and cancel the penalty;
(b) allow the appeal and reduce the amount of the penalty;
(c) dismiss the appeal. 25
(3) An appeal under this section is a re-hearing of the Secretary of State’s
decision and is to be determined having regard to—
(a) any code of practice under paragraph 10 which has effect at the time
of the appeal;
(b) any other matter which the court thinks is relevant (whether or not 30
the Secretary of State was aware of it).
(4) An appeal may be brought under this section whether or not—
(a) the person has given notice of objection under paragraph 11(3);
(b) the penalty has been reduced under paragraph 11(5).
(5) In this section “the court” is— 35
(a) in England and Wales, a county court;
(b) in Scotland, the sheriff.
(6) The sheriff may transfer the proceedings to the Court of Session.
(7) If the sheriff makes a determination under sub-paragraph (2), a party to the
proceedings may appeal against the determination on a point of law to— 40
(a) the Sheriff Principal, or
(b) the Court of Session.
227
EXPLANATORY NOTES
Schedule 21: Reasonable adjustments: supplementary
Effect
925. The provisions in this Schedule apply to earlier Schedules in the Bill dealing with
reasonable adjustments where a person providing services or carrying out public functions, an
employer, an education provider or an association is required to consider reasonable
adjustments to premises which it rents and would require landlord consent to do so. It sets out
what steps it is reasonable for a person to take in discharging a duty to make reasonable
adjustments in a case where a binding agreement requires that consent must be obtained from
a third party before that person may proceed to make the adjustment to let premises or the
common parts of let premises.
926. Where a person wishes to make an adjustment in order to fulfil a duty to make
reasonable adjustments but is unable to do so, the Schedule enables the adjustment to be made
by deeming the tenancy to include certain provisions. For example the tenancy may have
effect as if a tenant is able to make alterations with the consent of the landlord.
927. Where a landlord has refused consent to an alteration or gives consent subject to a
condition, the person requesting the consent (or a disabled person who has an interest in the
alteration being made) can refer the refusal (or the conditional consent) to a county or sheriff
court.
E228
Equality Bill
Forgery etc.
13 (1) Section 181 has effect—

(a) as if a compliance certificate were a “relevant document”;
(b) as if subsection (4) included a reference to a compliance certificate.
(2) A person commits an offence by pretending, with intent to deceive, to be a 5
person authorised to exercise a power under paragraph 7.
(3) A person guilty of an offence under sub-paragraph (2) is liable on summary
Regulations
14 A power to make regulations under this Schedule is exercisable by the 10

Secretary of State.
Interpretation
15 (1) In this Schedule—

“compliance assessment” has the meaning given in paragraph 1(5);
“compliance certificate” has the meaning given in paragraph 1(2); 15
“operator”, in relation to a rail vehicle, means the person having the
management of the vehicle.
(2) If an exemption order under section 176 authorises the use of a rail vehicle
even though the vehicle does not conform with a provision of rail vehicle
accessibility regulations, a reference in this Schedule to provisions of rail 20
vehicle accessibility regulations with which the vehicle is required to
conform does not, in relation to the vehicle, include a reference to that
provision.
REASONABLE ADJUSTMENTS: SUPPLEMENTARY 25
Preliminary
1 This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.
Binding obligations, etc.
2 (1) This paragraph applies if—

(a) a binding obligation requires A to obtain the consent of another 30
person to an alteration of premises which A occupies,
(b) where A is a controller of let premises, a binding obligation requires
A to obtain the consent of another person to a variation of a term of
the tenancy, or
(c) where A is a responsible person in relation to common parts, a 35
binding obligation requires A to obtain the consent of another person
to an alteration of the common parts.
(2) For the purpose of discharging a duty to make reasonable adjustments—
228
EXPLANATORY NOTES
928. The Schedule also provides for a landlord to be joined as a party to proceedings before
an employment tribunal, county or sheriff court where a disabled person is bringing an action
under the reasonable adjustment duty.
929. The Schedule provides a power to make regulations about matters such as when a
landlord is taken to have refused consent, when such refusal is unreasonable and when it is
reasonable. Words and phrases used in the Schedule are interpreted consistently with the parts
of the Bill to which it cross-refers.
Background
930. This Schedule replaces similar provisions in the Disability Discrimination Act 1995. It
also applies in relation to the new duty to make alterations to the physical features of common
parts of let and commonhold residential premises.
Examples
• An insurance company works from a rented two storey building and has plans to
install a stair lift to make the building more accessible to employees with mobility
impairments. The terms of the lease preclude alterations to the staircase. The company
writes to the landlord for permission to make the alteration. The landlord consults the
superior landlord who agrees to waive this condition of the lease thereby allowing the
installation of the chair lift to proceed. However, as a condition of consent, the
landlord requires that the chair lift is removed on surrender of the lease.
A disabled tenant asks to have automated doors put in at the entrance of her block of flats. Her
landlord would like to agree but is unable to do so as he is a tenant of a superior landlord who
does not agree to the alteration. The tenant’s remedy is to bring an action against her landlord
in the county court where she can ask that the superior landlord is brought in as an additional
party to the case. The court can order the alteration to be made and order the superior landlord
to pay compensation if it finds he has acted unreasonably in refusing his consent.
E229
Equality Bill
(a) it is always reasonable for A to have to take steps to obtain the

consent, but
(b) it is never reasonable for A to have to make the alteration before the
consent is obtained.
(3) In this Schedule, a binding obligation is a legally binding obligation in 5
relation to premises, however arising; but the reference to a binding
obligation in sub-paragraph (1)(a) or (c) does not include a reference to an
obligation imposed by a tenancy.
(4) The steps referred to in sub-paragraph (2)(a) do not include applying to a
court or tribunal. 10
Landlord’s consent
3 (1) This paragraph applies if—

(a) A occupies premises under a tenancy,
(b) A is proposing to make an alteration to the premises so as to comply
with a duty to make reasonable adjustments, and 15
(c) but for this paragraph, A would not be entitled to make the
alteration.
(2) This paragraph also applies if—
(a) A is a responsible person in relation to common parts,
(b) A is proposing to make an alteration to the common parts so as to 20
comply with a duty to make reasonable adjustments,
(c) A is the tenant of property which includes the common parts, and
(d) but for this paragraph, A would not be entitled to make the
alteration.
(3) The tenancy has effect as if it provided— 25
(a) for A to be entitled to make the alteration with the written consent of
the landlord,
(b) for A to have to make a written application for that consent,
(c) for the landlord not to withhold the consent unreasonably, and
(d) for the landlord to be able to give the consent subject to reasonable 30
conditions.
(4) If a question arises as to whether A has made the alteration (and,
accordingly, complied with a duty to make reasonable adjustments), any
constraint attributable to the tenancy must be ignored unless A has applied
to the landlord in writing for consent to the alteration. 35
(5) For the purposes of sub-paragraph (1) or (2), A must be treated as not
entitled to make the alteration if the tenancy—
(a) imposes conditions which are to apply if A makes an alteration, or
(b) entitles the landlord to attach conditions to a consent to the
alteration. 40
Proceedings before county court or sheriff
4 (1) This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act—
(a) A has applied in writing to the landlord for consent to the alteration,
and
229
EXPLANATORY NOTES
E230
Equality Bill
(b) the landlord has refused to give consent or has given consent subject
to a condition.
(2) A (or a disabled person with an interest in the alteration being made) may
refer the matter to a county court or, in Scotland, the sheriff.
(3) The county court or sheriff must determine whether the refusal or condition 5
is unreasonable.
(4) If the county court or sheriff finds that the refusal or condition is
unreasonable, the county court or sheriff—
(a) may make such declaration as it thinks appropriate;
(b) may make an order authorising A to make the alteration specified in 10
the order (and requiring A to comply with such conditions as are so
specified).
Joining landlord as party to proceedings
5 (1) This paragraph applies to proceedings relating to a contravention of this Act

by virtue of section 19. 15
(2) A party to the proceedings may request the employment tribunal, county
court or sheriff (“the judicial authority”) to direct that the landlord is joined
or sisted as a party to the proceedings.
(3) The judicial authority—
(a) must grant the request if it is made before the hearing of the 20
complaint or claim begins;
(b) may refuse the request if it is made after the hearing begins;
(c) must refuse the request if it is made after the complaint or claim has
been determined.
(4) If the landlord is joined or sisted as a party to the proceedings, the judicial 25
authority may determine whether—
(a) the landlord has refused to consent to the alteration;
(b) the landlord has consented subject to a condition;
(c) the refusal or condition was unreasonable.
(5) If the judicial authority finds that the refusal or condition was unreasonable, 30
it—
(a) may make such declaration as it thinks appropriate;
(b) may make an order authorising A to make the alteration specified in
the order (and requiring A to comply with such conditions as are so
specified); 35
(c) may order the landlord to pay compensation to the complainant or
claimant.
(6) An employment tribunal may act in reliance on sub-paragraph (5)(c) instead
of, or in addition to, acting in reliance on section 118(2); but if it orders the
landlord to pay compensation it must not do so in reliance on section 118(2). 40
(7) If a county court or the sheriff orders the landlord to pay compensation, it
may not order A to do so.
230
EXPLANATORY NOTES
Schedule 22: statutory provisions
Statutory authority: paragraph 1
Effect
931. Paragraph 1 of this Schedule provides exceptions from several Parts of the Bill, in
relation to the protected characteristics of age, disability, religion or belief, sex and sexual
orientation, for things done in accordance with what is, or may in future be, required because
of some other law.
Background
932. Paragraph 1 replaces the separate exceptions for statutory authority in current
legislation. However, the exception in section 41(1) of the Race Relations Act 1976 as
amended is being removed but not being replaced.
933. Examples
• A shopkeeper can lawfully refuse to sell alcohol to someone under the age of 18.
• An employer can lawfully dismiss a disabled employee if health and safety

regulations leave him with no other choice.
E231
Equality Bill
Regulations
6 (1) Regulations may make provision as to circumstances in which a landlord is

taken for the purposes of this Schedule to have—
(a) withheld consent;
(b) withheld consent reasonably; 5
(c) withheld consent unreasonably.
(2) Regulations may make provision as to circumstances in which a condition
subject to which a landlord gives consent is taken—
(a) to be reasonable;
(b) to be unreasonable. 10
(3) Regulations may make provision supplementing or modifying the
preceding paragraphs of this Schedule, or provision made under this
paragraph, in relation to a case where A’s tenancy is a sub-tenancy.
(4) Provision made by virtue of this paragraph may amend the preceding
paragraphs of this Schedule. 15
Interpretation
7 An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the

same meaning in this Schedule as in that Schedule.
STATUTORY PROVISIONS 20
Statutory authority
1 (1) A person (P) does not contravene a provision specified in the first column of
the table, so far as relating to the protected characteristic specified in the
second column in respect of that provision, if P does anything P must do
pursuant to a requirement specified in the third column. 25
Specified provision Protected Requirement

characteristic
Parts 3 to 7 Age A requirement of an enactment

Parts 3 to 7 and 12 Disability A requirement of an enactment
A relevant requirement or 30
condition imposed by virtue of
an enactment
Parts 3, 4, 6 and 7 Religion or belief A requirement of an enactment
A relevant requirement or
condition imposed by virtue of 35
an enactment
231
EXPLANATORY NOTES
An employer can lawfully refuse to employ someone to drive a large goods vehicle who is not
old enough to hold a LGV licence.
Protection of women: paragraph 2
Effect
933. This paragraph allows differential treatment based on sex or pregnancy and maternity
at work which is required to comply with laws protecting women who are pregnant, who have
recently given birth or against risks specific to women.
Background
934. The paragraph replaces separate exceptions for the protection of women in the Sex
Discrimination Act 1975 and in the Employment Act 1989.
Examples
• A care home cannot lawfully dismiss, but can lawfully suspend, a night-shift worker
because she is pregnant and her GP has certified that she must not work nights.
• It may be lawful for a road haulier to refuse to allow a woman lorry driver to transport
chemicals that could harm women of child-bearing age.
Educational appointments etc: religious belief: paragraphs 3 and 4
Effect
935. Paragraph 3 provides an exception from the provisions on sex or religious

discrimination for certain posts in schools or institutions of further or higher education where
their governing instrument requires the head teacher or principal to be of a particular religious
order, or that a particular academic position must be held by a woman, or where the legislation
or instrument which establishes a professorship requires the holder to be an ordained priest. In
the case of academic positions reserved to women, the exception only applies where the
governing instrument was made before 16 January 1990.
936. There is an order-making power conferred on a Minister of the Crown to withdraw the
exception either in relation to a particular institution or a class of institutions.
937. Paragraph 4 provides that it is not unlawful discrimination for schools which have a
religious character or ethos (often referred to as faith schools) to do certain things which are
permitted by the School Standards and Framework Act 1998. This includes:
• allowing teachers who have been appointed to give religious education to be

dismissed if they fail to give it competently;
• allowing a foundation or voluntary aided school to take account of religious

considerations when appointing a head teacher; and
• allowing a voluntary aided school or an independent school to take account of

religious considerations in employment matters.
Background
938. Paragraph 3 is designed to replicate the effect of provisions in section 5 of the

E232 Employment Act 1989.
Equality Bill
Specified provision Protected Requirement

characteristic
Section 27(6) and Sex A requirement of an enactment

Parts 6 and 7
Parts 3, 4, 6 and 7 Sexual orientation A requirement of an enactment 5

A relevant requirement or
condition imposed by virtue of
an enactment
(2) A reference in the table to Part 6 does not include a reference to that Part so
far as relating to vocational training. 10
(3) In this paragraph a reference to an enactment includes a reference to—
(a) a Measure of the General Synod of the Church of England;
(b) an enactment passed or made on or after the date on which this Act
is passed.
(4) In the table, a relevant requirement or condition is a requirement or 15
condition imposed (whether before or after the passing of this Act) by—
(a) a Minister of the Crown;
(b) a member of the Scottish Executive;
(c) the National Assembly for Wales (constituted by the Government of
Wales Act 1998); 20
(d) the Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Assembly Government.
Protection of women
2 (1) A person (P) does not contravene a specified provision only by doing in
relation to a woman (W) anything P is required to do to comply with— 25
(a) a pre-1975 Act enactment concerning the protection of women;
(b) a relevant statutory provision (within the meaning of Part 1 of the
Health and Safety at Work etc. Act 1974) if it is done for the purpose
of the protection of W (or a description of women which includes W);
(c) a requirement of a provision specified in Schedule 1 to the 30
Employment Act 1989 (provisions concerned with protection of
women at work).
(2) The references to the protection of women are references to protecting
women in relation to—
(a) pregnancy or maternity, or 35
(b) any other circumstances giving rise to risks specifically affecting
women.
(3) It does not matter whether the protection is restricted to women.
(4) These are the specified provisions—
(a) Part 5; 40
(b) Part 6, so far as relating to vocational training.
(5) A pre-1975 Act enactment is an enactment contained in—
232
EXPLANATORY NOTES
939. Paragraph 4 is designed to replicate the effect of regulation 39 of the Employment

Equality (Religion or Belief) Regulations 2003.
• Schools with a religious ethos can restrict employment of certain teachers to

applicants that share the same faith – for example, a Jewish school is permitted to only
employ Jewish religious education teachers.
• Universities restrict Canon Professorships to certain religions since such posts can
only be held by ordained Ministers.
Crown, etc. employment: paragraph 5
Effect
940. Paragraph 5 allows restrictions on the employment of foreign nationals in the civil,
diplomatic, armed or security and intelligence services and by certain public bodies. It also
allows restrictions on foreign nationals holding public offices.
Background
941. The paragraph replaces similar provisions in the Race Relations Act 1976.
Examples
• Posts in the security and intelligence services are automatically reserved for UK
nationals.
• People who are neither British, Commonwealth or Irish citizens nor British protected
persons are generally prohibited from serving in the armed forces, with the notable
exception of Gurkhas.
E233
Equality Bill
(a) an Act passed before the Sex Discrimination Act 1975;

(b) an instrument approved or made by or under such an Act (including
one approved or made after the passing of the 1975 Act).
(6) If an Act repeals and re-enacts (with or without modification) a pre-1975
enactment then the provision re-enacted must be treated as being in a pre- 5
1975 enactment.
(7) For the purposes of sub-paragraph (1)(c), a reference to a provision in
Schedule 1 to the Employment Act 1989 includes a reference to a provision
for the time being having effect in place of it.
10
(8) This paragraph applies only to the following protected characteristics—
(a) pregnancy and maternity;
(b) sex.
Educational appointments, etc: religious belief
3 (1) A person does not contravene Part 5 only by doing a relevant act in
connection with the employment of another in a relevant position. 15
(2) A relevant position is—
(a) the head teacher or principal of an educational establishment;
(b) the head, a fellow or other member of the academic staff of a college,
or institution in the nature of a college, in a university;
(c) a professorship of a university which is a canon professorship or one 20
to which a canonry is annexed.
(3) A relevant act is anything it is necessary to do to comply with—
(a) a requirement of an instrument relating to the establishment that the
head teacher or principal must be a member of a particular religious
order; 25
(b) a requirement of an instrument relating to the college or institution
that the holder of the position must be a woman;
(c) an Act or instrument in accordance with which the professorship is
a canon professorship or one to which a canonry is annexed.
30
(4) Sub-paragraph (3)(b) does not apply to an instrument taking effect on or
after 16 January 1990 (the day on which section 5(3) of the Employment Act
1989 came into force).
(5) A Minister of the Crown may by order provide that anything in sub-
paragraphs (1) to (3) does not have effect in relation to—
(a) a specified educational establishment or university; 35
(b) a specified description of educational establishments.
(6) An educational establishment is—
(a) a school within the meaning of the Education Act 1996 or the
Education (Scotland) Act 1980;
(b) a college, or institution in the nature of a college, in a university; 40
(c) an institution designated by order made, or having effect as made,
under section 129 of the Education Reform Act 1988;
(d) an institution designated by order under section 28 of the Further
and Higher Education Act 1992 or section 44 of the Further and
Higher Education (Scotland) Act 1992.
233
EXPLANATORY NOTES
Schedule 23: general exceptions
Acts authorised by statute or the executive: paragraph 1
Effect
942. This paragraph allows direct nationality discrimination and indirect race
discrimination on the basis of residency requirements where the discrimination is required by
law, Ministerial arrangements or Ministerial conditions.
Background
943. The paragraph replaces a similar exception in the Race Relations Act 1976.
Examples
E234
Equality Bill
(7) This paragraph does not affect paragraph 2 of Schedule 9.

4 A person does not contravene this Act only by doing anything which is
permitted for the purposes of—
(a) section 58(6) or (7) of the School Standards and Framework Act 1998
(dismissal of teachers because of failure to give religious education
5
efficiently);
(b) section 60(4) and (5) of that Act (religious considerations relating to
certain appointments);
(c) section 124A of that Act (preference for certain teachers at
independent schools of a religious character).
10
Crown employment, etc.
5 (1) A person does not contravene this Act—

(a) by making or continuing in force rules mentioned in sub-paragraph
(2);
(b) by publishing, displaying or implementing such rules; 15
(c) by publishing the gist of such rules.
(2) The rules are rules restricting to persons of particular birth, nationality,
descent or residence—
(a) employment in the service of the Crown;
(b) employment by a prescribed public body; 20
(c) holding a public office (within the meaning of section 47).
(3) The power to make regulations for the purpose of sub-paragraph (2)(b) is
exercisable by the Minister for the Civil Service.
(4) In this paragraph “public body” means a body (whether corporate or
unincorporated) exercising public functions (within the meaning given by 25
section 29(4)).
GENERAL EXCEPTIONS
Acts authorised by statute or the executive 30
1 (1) This paragraph applies to anything done—

(a) in pursuance of an enactment;
(b) in pursuance of an instrument made by a member of the executive
under an enactment;
(c) to comply with a requirement imposed (whether before or after the
passing of this Act) by a member of the executive by virtue of an
35
enactment;
(d) in pursuance of arrangements made (whether before or after the
passing of this Act) by or with the approval of, or for the time being
approved by, a Minister of the Crown;
(e) to comply with a condition imposed (whether before or after the
40
passing of this Act) by a Minister of the Crown.
234
EXPLANATORY NOTES
• The points-based system which replaced the former work permit arrangements can
discriminate on the basis of nationality in determining whether migrants from outside
the European Economic Area and Switzerland should be given permission to work in
the United Kingdom.
• The NHS can charge some people who are not ordinarily resident in the United
Kingdom for hospital treatment they receive here.
• Overseas students at universities in England and Wales can be required to pay higher
tuition fees than local students (there are no tuition fees in Scotland).
Organisations: paragraph 2
Effect
944. Paragraph 2 provides an exception for religious or belief organisations with regard to
the provisions in the Bill relating to services and public functions, premises and associations.
945. The types of organisation that can use this exception are those that exist to: practice,
advance or teach a religion or belief; allow people of a religion or belief to participate in any
activity or receive any benefit related to that religion or belief; promote good relations
between people of different religions or beliefs. Organisations whose main purpose is
commercial cannot use this exception.
946. The exception allows an organisation (or a person acting on its behalf) to impose
restrictions on membership of the organisation; participation in its activities; the use of any
goods, facilities or services that it provides; and the use of its premises. However, any
restriction can only be imposed by reference to a person’s religion or belief or their sexual
orientation.
947. In relation to religion or belief, the exception can only apply where a restriction is
necessary to comply with the purpose of the organisation or to avoid causing offence to
members of the religion or belief that the organisation represents.
948. In relation to sexual orientation, the exception can only apply where it is necessary to
comply with the doctrine of the organisation or in order to avoid conflict with the strongly held
convictions of members of the religion or belief that the organisation represents. However, if
an organisation contracts with a public body to carry out an activity on that body’s behalf then
it cannot discriminate on grounds of sexual orientation in relation to that activity.
949. The exception also enables ministers of religion to restrict participation in the
activities that they carry out in the performance of their functions as a minister and access to
any goods, facilities or services they provide in the course of performing those functions.
Background
950. This paragraph replicates the effect of similar provisions in Part 2 of the Equality Act
2006 and the Equality Act (Sexual Orientation) Regulations 2007.
Examples
• A Catholic seminary can restrict places for students to those of the Catholic faith. This
would not be unlawful religion or belief discrimination.
E235
Equality Bill
(2) A person does not contravene Part 3, 4, 5 or 6 by doing anything to which

this paragraph applies which discriminates against another because of the
other’s nationality.
(3) A person (A) does not contravene Part 3, 4, 5 or 6 if, by doing anything to
which this paragraph applies, A discriminates against another (B) by 5
applying to B a provision, criterion or practice which relates to—
(a) B’s place of ordinary residence;
(b) the length of time B has been present or resident in or outside the
United Kingdom or an area within it.
Organisations relating to religion or belief 10
2 (1) This paragraph applies to an organisation the purpose of which is—

(a) to practise a religion or belief,
(b) to advance a religion or belief,
(c) to teach the practice or principles of a religion or belief,
(d) to enable persons of a religion or belief to receive any benefit, or to 15
engage in any activity, within the framework of that religion or
belief, or
(e) to foster or maintain good relations between persons of different
religions or beliefs.
(2) This paragraph does not apply to an organisation whose sole or main 20
purpose is commercial.
(3) The organisation does not contravene Part 3, 4 or 7, so far as relating to
religion or belief or sexual orientation, only by restricting—
(a) membership of the organisation;
(b) participation in activities undertaken by the organisation or on its 25
behalf or under its auspices;
(c) the provision of goods, facilities or services in the course of activities
undertaken by the organisation or on its behalf or under its auspices;
(d) the use or disposal of premises owned or controlled by the
organisation.
30
(4) A person does not contravene Part 3, 4 or 7, so far as relating to religion or
belief or sexual orientation, only by doing anything mentioned in sub-
paragraph (3) on behalf of or under the auspices of the organisation.
(5) A minister does not contravene Part 3, 4 or 7, so far as relating to religion or
belief or sexual orientation, only by restricting— 35
(a) participation in activities carried on in the performance of the
minister’s functions in connection with or in respect of the
organisation;
(b) the provision of goods, facilities or services in the course of activities
carried on in the performance of the minister’s functions in
40
connection with or in respect of the organisation.
(6) Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief
only if it is imposed—
(a) because of the purpose of the organisation, or
(b) to avoid causing offence, on grounds of the religion or belief to which 45
the organisation relates, to persons of that religion or belief.
235
EXPLANATORY NOTES
• A Church refuses to let out its hall for a Gay Pride celebration as it considers that it
would conflict with the strongly held religious convictions of a significant number of
its followers. This would not be unlawful sexual orientation discrimination.
• A religious organisation which has a contract with a local authority to provide meals
to elderly and other vulnerable people within the community on behalf of the local
authority cannot discriminate on grounds of sexual orientation.
Communal accommodation: paragraph 3
Effect
951. This paragraph provides an exception to the general prohibition of sex and gender
reassignment discrimination. It allows communal accommodation to be restricted to one sex
only, as long as the accommodation is managed as fairly as possible for both men and women.
It sets out factors which must be considered when restricting communal accommodation to
one sex only, and provides that discriminatory treatment of transsexual people must be
objectively justified.
952. Communal accommodation is defined as residential accommodation which includes

shared sleeping accommodation which should only be used by members of one sex for privacy
reasons.
953. Where such accommodation is refused in the field of work, or a benefit linked to such
accommodation is refused, alternative arrangements must be made where reasonable so as to
compensate the person concerned.
Background
954. This paragraph replaces similar provisions in the Sex Discrimination Act 1975. The
scope of the exception has been extended from employment, education and services to all
fields.
Examples
A hostel only accepts male guests. It is not unlawful for it to refuse to accept
female guests because the majority of the bedrooms are shared and there is only
one communal bathroom.
At a worksite the only available sleeping accommodation is communal
accommodation occupied by men. A woman employee who wishes to attend a
training course at the worksite is refused permission because of the men-only
accommodation. Her employer must make alternative arrangements to
compensate her where reasonable, for example, by arranging alternative
accommodation or an alternative course.
Training provided to non-EEA residents, etc: paragraph 4
Effect
955. Paragraph 4 allows less favourable treatment because of a person’s nationality in

relation to training and associated benefits that are intended for people who do not live in an
EEA state, as long as the training provider believes that the person will not subsequently use
the skills obtained in Great Britain. This means that an EEA resident cannot claim to have
E236 been discriminated against in relation to this type of activity.
Equality Bill
(7) Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation

only if it is imposed—
(a) because it is necessary to comply with the doctrine of the
organisation, or
(b) to avoid conflict with strongly held convictions within sub-
5
paragraph (9).
(8) In sub-paragraph (5), the reference to a minister is a reference to a minister
of religion, or other person, who—
(a) performs functions in connection with a religion or belief to which
the organisation relates, and
10
(b) holds an office or appointment in, or is accredited, approved or
recognised for the purposes of the organisation.
(9) The strongly held convictions are—
(a) in the case of a religion, the strongly held religious convictions of a
significant number of the religion’s followers;
15
(b) in the case of a belief, the strongly held convictions relating to the
belief of a significant number of the belief’s followers.
(10) This paragraph does not permit anything which is prohibited by section 27,
so far as relating to sexual orientation, if it is done—
(a) on behalf of a public authority, and
20
(b) under the terms of a contract between the organisation and the
public authority.
(11) In the application of this paragraph in relation to sexual orientation, sub-
paragraph (1)(e) must be ignored.
(12) In the application of this paragraph in relation to sexual orientation, in sub- 25
paragraph (3)(d), “disposal” does not include disposal of an interest in
premises by way of sale if the interest being disposed of is—
(a) the entirety of the organisation’s interest in the premises, or
(b) the entirety of the interest in respect of which the organisation has
power of disposal.
30
(a) “disposal” is to be construed in accordance with section 35;
(b) “public authority” has the meaning given in section 144(1).
Communal accommodation
35
3 (1) A person does not contravene this Act, so far as relating to sex
discrimination or gender reassignment discrimination, only because of
anything done in relation to—
(a) the admission of persons to communal accommodation;
(b) the provision of a benefit, facility or service linked to the
accommodation.
40
(2) Sub-paragraph (1)(a) does not apply unless the accommodation is managed
in a way which is as fair as possible to both men and women.
(3) In applying sub-paragraph (1)(a), account must be taken of—
45
236
EXPLANATORY NOTES
956. Employment or contract work can be covered by this exception where its sole or main
purpose is the provision of training in skills. Special provision is made in relation to defence
training to reflect current arrangements to help provide other nations with the skills to assist
the United Kingdom in addressing global conflict and supporting the United Kingdom on
multi-national operations.
Background
957. The main purpose of this provision is to enable people from developing countries to
acquire vital skills which may not be available in their country of residence. It replaces similar
provisions in the Race Relations Act 1976. The general rule on non-residence has been
extended from Great Britain to include all EEA states, except in relation to defence training
which is provided to forces from other EEA states as well as those outside the EEA.
Example
² It is not unlawful for a company specialising in sustainable irrigation that offers

a training scheme in Great Britain for people who live in Mozambique, who
then return home to put the skills learned into practice, to refuse to offer the
same training to someone who lives in Great Britain.
•
E237
Equality Bill
(a) whether and how far it is reasonable to expect that the

accommodation should be altered or extended or that further
accommodation should be provided, and
(b) the frequency of the demand or need for use of the accommodation
by persons of one sex as compared with those of the other. 5
(4) In applying sub-paragraph (1)(a) in relation to gender reassignment,
account must also be taken of whether and how far the conduct in question
is a proportionate means of achieving a legitimate aim.
(5) Communal accommodation is residential accommodation which includes
dormitories or other shared sleeping accommodation which for reasons of 10
privacy should be used only by persons of the same sex.
(6) Communal accommodation may include—
(a) shared sleeping accommodation for men and for women;
(b) ordinary sleeping accommodation;
(c) residential accommodation all or part of which should be used only 15
by persons of the same sex because of the nature of the sanitary
facilities serving the accommodation.
(7) A benefit, facility or service is linked to communal accommodation if—
(a) it cannot properly and effectively be provided except for those using
the accommodation, and 20
(b) a person could be refused use of the accommodation in reliance on
sub-paragraph (1)(a).
(8) This paragraph does not apply for the purposes of Part 5 unless such
arrangements as are reasonably practicable are made to compensate for—
(a) in a case where sub-paragraph (1)(a) applies, the refusal of use of the 25
accommodation;
(b) in a case where sub-paragraph (1)(b) applies, the refusal of provision
of the benefit, facility or service.
Training provided to non-EEA residents, etc.
4 (1) A person (A) does not contravene this Act, so far as relating to nationality, 30
only by providing a non-resident (B) with training, if A thinks that B does
not intend to exercise in Great Britain skills B obtains as a result.
(2) A non-resident is a person who is not ordinarily resident in an EEA state.
(3) The reference to providing B with training is—
(a) if A employs B in relevant employment, a reference to doing 35
anything in or in connection with the employment;
(b) if A as a principal allows B to do relevant contract work, a reference
to doing anything in or in connection with allowing B to do the work;
(c) in a case within paragraph (a) or (b) or any other case, a reference to
affording B access to facilities for education or training or ancillary 40
benefits.
(4) Employment or contract work is relevant if its sole or main purpose is the
provision of training in skills.
(5) In the case of training provided by the armed forces or Secretary of State for
purposes relating to defence, sub-paragraph (1) has effect as if— 45
237
EXPLANATORY NOTES
Schedule 24: Harmonisation Exceptions
Effect
958. This Schedule sets out the provisions of the Bill to which the power in clause 191 does
not apply. These are largely provisions where all the equality provisions are clearly governed
by Community law or where power exists under other legislation to deal with any anomalies
that may otherwise arise. Accordingly it will not be possible to amend these provisions using
the power in clause 192 to bring them into line, where needed, with changes in European law.
E238
Equality Bill
(a) the reference in sub-paragraph (2) to an EEA state were a reference

to Great Britain, and
(b) in sub-paragraph (4), for “its sole or main purpose is” there were
substituted “it is for purposes including”.
(6) “Contract work” and “principal” each have the meaning given in section 38. 5
HARMONISATION EXCEPTIONS
Part 1 (public sector duty regarding socio-economic

inequalities)
Chapter 2 of Part 5 (occupational pensions) 10
Section 73 (gender pay gap)
Chapters 1 to 3 of Part 9 (enforcement) and Chapter 5 of that
Part (except section 130)
Sections 136 and 140 (unenforceable terms, declaration in
respect of void terms) 15
Chapter 1 of Part 11 (public sector duty)
Part 12 (disabled persons: transport)
Part 13 (disability: miscellaneous)
Section 190 (power to specify age exceptions)
Part 15 (general and miscellaneous) 20
Schedule 1 (disability: supplementary provision)
In Schedule 3 (services and public functions: exceptions)—
(a) in Part 3 (health and care), paragraphs 13 and 14;
(b) Part 4 (immigration);
(c) Part 5 (insurance); 25
(d) Part 6 (separate and single services), except paragraph
27;
(e) Part 7 (transport);
(f) Part 8 (supplementary)
Schedule 4 (premises: reasonable adjustments) 30
Schedule 5 (premises: exceptions), except paragraph 1
Schedule 6 (office-holders: excluded offices), except so far as
relating to colour or nationality or marriage and civil
partnership
Schedule 8 (work: reasonable adjustments) 35
238
EXPLANATORY NOTES
Schedule 25: Information society services
Effect
959. This Schedule ensures that the provisions of the Bill do not conflict with the
requirements of Directive 2000/31/EC of the European Parliament and of the Council of 8
June 2000 (“the E-Commerce Directive“). It provides that where an information society
service provider (“the provider”) is established in Great Britain, the provisions of the Bill
apply to anything done by the provider in providing the information society service in another
EEA state. By contrast, where the provider is established in an EEA state other than the
United Kingdom, then the Bill does not apply to anything done by the provider in providing
the information society service, even within Great Britain. Various exceptions to the
provisions of the Bill are provided in respect of intermediary internet service providers who
carry out activities essential for the operation of the internet.
Background
960. These provisions are new. They are necessary to ensure the United Kingdom correctly
transposes the E-Commerce Directive.
Examples
• An on-line holiday company established in Great Britain refuses to take bookings for
shared accommodation from same-sex couples. In this instance a case of direct sexual
orientation discrimination could be brought in the British courts regardless of whether
the complainant was in the United Kingdom or another EEA member state.
E239
Equality Bill
In Schedule 9 (work: exceptions)—

(a) Part 1 (general), except in so far as relating to colour or
nationality;
(b) Part 2 (exceptions relating to age);
(c) Part 3 (other exceptions), except paragraph 19 so far as 5
relating to colour or nationality
Schedule 10 (education: accessibility for disabled pupils)
Schedule 13 (education: reasonable adjustments), except
paragraphs 2, 5, 6 and 9
Schedule 17 (education: disabled pupils: enforcement) 10
Schedule 18 (public sector equality duty: exceptions)
Schedule 19 (list of public authorities)
Schedule 20 (rail vehicle accessibility: compliance)
Schedule 21 (reasonable adjustments: supplementary)
In Schedule 22 (exceptions: statutory provisions), paragraphs 2 15
and 5
Schedule 23 (general exceptions), except paragraph 2
Schedule 25 (information society services)
INFORMATION SOCIETY SERVICES 20
Service providers
1 (1) This paragraph applies where a person concerned with the provision of an
information society service (an “information society service provider”) is
established in Great Britain.
(2) This Act applies to anything done by the person in an EEA state (other than 25
the United Kingdom) in providing the service as this Act would apply if the
act in question were done by the person in Great Britain.
2 (1) This paragraph applies where an information society service provider is
established in an EEA state (other than the United Kingdom).
(2) This Act does not apply to anything done by the person in providing the 30
service.
Exceptions for mere conduits
3 (1) An information society service provider does not contravene this Act only
by providing so much of an information society service as consists in—
(a) the provision of access to a communication network, or 35
239
EXPLANATORY NOTES
• An on-line retailer, which provides tickets to major sporting events, provides

discounts to large groups of men but not women when booking hospitality packages
for the forthcoming football world cup. The on-line retailer is established in Germany
so in this instance a case of direct sex discrimination would have to be brought in the
German courts regardless of whether the complainant was in the United Kingdom or
another EEA member state.
E240
Equality Bill
(b) the transmission in a communication network of information

provided by the recipient of the service.
(2) But sub-paragraph (1) applies only if the service provider does not—
(a) initiate the transmission;
(b) select the recipient of the transmission; 5
(c) select or modify the information contained in the transmission.
(3) For the purposes of sub-paragraph (1), the provision of access to a
communication network, and the transmission of information in a
communication network, includes the automatic, intermediate and transient
storage of the information transmitted so far as the storage is solely for the 10
purpose of carrying out the transmission in the network.
(4) Sub-paragraph (3) does not apply if the information is stored for longer than
is reasonably necessary for the transmission.
Exception for caching
4 (1) This paragraph applies where an information society service consists in the 15
transmission in a communication network of information provided by a
recipient of the service.
(2) The information society service provider does not contravene this Act only
by doing anything in connection with the automatic, intermediate and
temporary storage of information so provided if— 20
(a) the storage of the information is solely for the purpose of making
more efficient the onward transmission of the information to other
recipients of the service at their request, and
(b) the condition in sub-paragraph (3) is satisfied.
(3) The condition is that the service-provider— 25
(a) does not modify the information,
(b) complies with such conditions as are attached to having access to the
information, and
(c) (where sub-paragraph (4) applies) expeditiously removes the
information or disables access to it. 30
(4) This sub-paragraph applies if the service-provider obtains actual knowledge
that—
(a) the information at the initial source of the transmission has been
removed from the network,
(b) access to it has been disabled, or 35
(c) a court or administrative authority has required the removal from
the network of, or the disablement of access to, the information.
Exception for hosting
5 (1) An information society service provider does not contravene this Act only
by doing anything in providing so much of an information society service as 40
consists in the storage of information provided by a recipient of the service,
if—
(a) the service provider had no actual knowledge when the information
was provided that its provision amounted to a contravention of this
Act, or 45
240
EXPLANATORY NOTES
E241
Equality Bill
(b) on obtaining actual knowledge that the provision of the information

amounted to a contravention of that section, the service provider
expeditiously removed the information or disabled access to it.
(2) Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority of the control of the service provider. 5
Monitoring obligations
6 An injunction or interdict under Part 1 of the Equality Act 2006 may not
impose on a person concerned with the provision of a service of a
description given in paragraph 3(1), 4(1) or 5(1)—
(a) a liability the imposition of which would contravene Article 12, 13 or 10
14 of the E-Commerce Directive;
(b) a general obligation of the description given in Article 15 of that
Directive.
Interpretation
7 (1) This paragraph applies for the purposes of this Schedule. 15

(2) “Information society service”—
(a) has the meaning given in Article 2(a) of the E-Commerce Directive
(which refers to Article 1(2) of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
procedure for the provision of information in the field of technical 20
standards and regulations), and
(b) is summarised in recital 17 of the E-Commerce Directive as covering
“any service normally provided for remuneration, at a distance, by
means of electronic equipment for the processing (including digital
compression) and storage of data, and at the individual request of a 25
recipient of a service”.
(3) “The E-Commerce Directive” means Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the
Internal Market (Directive on electronic commerce). 30
(4) “Recipient” means a person who (whether for professional purposes or not)
uses an information society service, in particular for seeking information or
making it accessible.
(5) An information society service-provider is “established” in a country or
territory if the service-provider— 35
(a) effectively pursues an economic activity using a fixed establishment
in that country or territory for an indefinite period, and
(b) is a national of an EEA state or a body mentioned in Article 48 of the
EEC treaty.
(6) The presence or use in a particular place of equipment or other technical 40
means of providing an information society service is not itself sufficient to
constitute the establishment of a service-provider.
(7) Where it cannot be decided from which of a number of establishments an
information society service is provided, the service is to be regarded as
241
EXPLANATORY NOTES
Schedule 26: Amendments
Effect
961. This Schedule sets out a number of amendments to the following acts: the Local
Government Act 1988, the Employment Act 1989 and the Equality Act 2006. These
amendments are necessary to ensure that these Acts refer accurately to the new provisions
contained in the Bill and work properly with those new provisions. For example, where a new
term or a new definition is used in the Bill and an existing Act refers to the term in current
legislation which is being repealed, the existing Act needs to be amended to refer to the new
term or definition.
Local Government Act 1988: paragraphs 1 to 4
Effect
962. This paragraph amends Part 2 of the Local Government Act 1988 (“the 1988 Act”) so
as to provide that the public bodies to which that Part applies may exercise a function by
reference to a non-commercial matter to the extent that the authorities consider it necessary or
expedient to do so in order to comply with the equality duty.
Background
963. Section 17 of the 1988 Act prevents public authorities to which that Part applies from
introducing certain non-commercial matters into the procurement process; these are set out at
subsection 5 of that Act. Section 18 of the 1988 Act ensured that section 17 of that Act did not
restrict those authorities from complying with their duties under the Race Relations Act 1976.
It achieved this by permitting those authorities to ask six approved questions of their
contractors.
964. The Local Government Best Value (Exclusion of Non- commercial Considerations)
Order 2001 (SI 2001/9090) modified sections 17(5)(a) and (d) of the 1988 Act so that matters
relating to the terms and conditions of employment etc. of a contractor’s workforce, and the
conduct of contractors or their workers in industrial disputes cease to be non-commercial
matters only so far as necessary or expedient to permit or facilitate compliance with the best
value requirements of the Local Government Act 1999 or the Transfer of Undertakings
(Protection of Employment Regulations) 1981. Similar amendments were made for Scotland
and Wales.
Examples
• An authority which is not a Best Value Authority, which was previously permitted to
ask only the six approved questions of its contractors on the race duty, will now be able
to consider broader issues on equality when contracting for public supply or works as
the authority sees fit in order to comply with the requirements of the equality duty.
• A local authority wants to contract with a private company. It will be able to take into
account the ethnic make-up of the workforce of that company, the behaviour of that
E242 company during an industrial dispute, and any other issue which is defined as non-
Equality Bill
provided from the establishment at the centre of the information society

service provider’s activities relating to that service.
(8) Section 199(4) does not apply to references to providing a service.
AMENDMENTS 5
Local Government Act 1988
1 Part 2 of the Local Government Act 1988 (public supply or works contracts)
is amended as follows.
2 In section 17 (local and other public authority contracts: exclusion of non-
commercial considerations)— 10
(a) omit subsection (9), and
(b) after that subsection insert—
“(10) This section does not prevent a public authority to which it
applies from exercising any function regulated by this section
with reference to a non-commercial matter to the extent that 15
the authority considers it necessary or expedient to do so to
enable or facilitate compliance with—
(a) the duty imposed on it by section 143 of the Equality
Act 2009 (public sector equality duty), or
(b) any duty imposed on it by regulations under section 20
147 or 148 of that Act (powers to impose specific
duties).”
3 Omit section 18 (exceptions to section 17 relating to race relations matters).
4 In section 19 (provisions supplementary to or consequential on section 17)
omit subsection (10). 25
Employment Act 1989
5 (1) Section 12 of the Employment Act 1989 (Sikhs: requirements as to safety

helmets) is amended as follows.
(2) In subsection (1), for “requirement or condition”, in the first three places,
substitute “provision, criterion or practice”. 30
(3) In that subsection, for the words from “section 1(1)(b)” to the end substitute
“section 18 of the Equality Act 2009 (indirect discrimination), the provision,
criterion or practice is to be taken as one in relation to which the condition
in subsection (2)(d) of that section (proportionate means of achieving a
legitimate aim) is satisfied”. 35
(4) In subsection (2), for the words from “the Race Relations Act” to the end
substitute “section 13 of the Equality Act 2009 as giving rise to
discrimination against any other person”.
242
EXPLANATORY NOTES
commercial, when deciding to award the contract, but only if it considers it is

necessary to do so in order to meet the requirements of the equality duty.
Equality Act 2006:: paragraph 13
Effect
965. This amendment to the Equality Act 2006 allows the Equality and Human Rights
Commission to use its enforcement powers, such as the power to conduct investigations and
the power to apply for an injunction, in relation to unlawful direct and indirect discrimination
under the Bill, including the making of arrangements which would result in direct
discrimination, if applied to an individual. It can also use its powers in relation to
discrimination arising from disability and discrimination in cases where the relationship
between the parties has ended.
966. It allows the Equality and Human Rights Commission to use its powers whether or not
it knows or suspects that an individual has been affected by the discrimination. It makes clear
that nothing in the Equality Act 2006 affects an individual’s right to bring a claim under the
Bill.
Background
967. This amendment partially replaces provisions in current discrimination law relating to
discriminatory practices and discriminatory advertisements. The substantive prohibition
against discriminatory practices and advertisements is no longer required as it is covered
elsewhere in the Bill. This amendment therefore only covers the enforcement aspects of those
clauses. Enforcement by the Equality and Human Rights Commission has been extended to
cover both direct and indirect discrimination because of any of the protected characteristics, as
well as discrimination arising from disability.
Examples
• A golf club operates an informal but well-known policy of not offering membership to
people from ethnic minority communities, which discourages people from these
communities from applying. The Equality and Human Rights Commission may
investigate this unofficial discriminatory policy even though it is not aware of
particular individuals directly affected by it.
• A Bed and Breakfast (B&B) advertises for customers but includes a statement that it
does not welcome people from the Gypsy and Traveller communities. Even though the
Equality and Human Rights Commission can take action, an individual who is
discouraged from staying at the B&B can still bring a claim in his or her own right.
E243
Equality Bill
Equality Act 2006
6 The Equality Act 2006 is amended as follows.

7 (1) Section 8 (equality and diversity) is amended as follows.
(a) in paragraph (d) for “equality enactments” substitute “Equality Act 5
2009”, and
(b) in paragraph (e) for “the equality enactments” substitute “that Act”.
(3) In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute
“Equality Act 2009”.
8 In section 10(2) (meaning of group) for paragraph (d) substitute— 10
“(d) gender reassignment (within the meaning of section 7 of the
Equality Act 2009),”.
9 For section 11(3)(c) (interpretation) substitute—
“(c) a reference to the equality and human rights enactments is a
reference to the Human Rights Act 1998, this Act and the 15
Equality Act 2009.”
10 (1) Section 14 (codes of practice) is amended as follows.
(2) For subsection (1) substitute—
“(1) The Commission may issue a code of practice in connection with any
matter addressed by the Equality Act 2009.” 20
(3) In subsection (2)(a) for “a provision or enactment listed in subsection (1)”
substitute “the Equality Act 2009 or an enactment made under that Act”.
(a) in paragraph (a) for “section 49G(7) of the Disability Discrimination
Act 1995 (c. 50)” substitute “section 183(7) of the Equality Act 2009”, 25
and
(b) for paragraph (c)(iv) substitute—
“(iv) section 183 of the Equality Act 2009.”
(5) In subsection (5)(a) for “listed in subsection (1)” substitute “a matter
addressed by the Equality Act 2009”. 30
(6) In subsection (9) for “section 76A” to “duties)” substitute “section 143, 147 or
148 of the Equality Act 2009 (public sector equality duty)”.
11 In section 16(4) (inquiries: matters which the Commission may consider and
report on) for “equality enactments” substitute “Equality Act 2009”.
12 In section 21(2)(b) (unlawful act notice: specification of legislative provision) 35
for “equality enactments” substitute “Equality Act 2009”.
13 After section 24 insert—
“24A Enforcement powers: supplemental
(1) This section has effect in relation to—
243
EXPLANATORY NOTES
E244
Equality Bill
(a) an act which is unlawful because, by virtue of any of sections

13 to 17 of the Equality Act 2009, it amounts to a
contravention of any of Parts 3, 4, 5, 6 or 7 of that Act,
(b) an act which is unlawful because, by virtue of section 102(1)
of that Act, it amounts to a contravention of any of Parts 3, 4, 5
5, 6 or 7 of that Act, or
(c) the application of a provision, criterion or practice which, by
virtue of section 18 of that Act, amounts to a contravention of
that Act.
(2) For the purposes of sections 20 to 24 of this Act it is immaterial 10
whether the Commission knows or suspects that a person has been
or may be affected by the unlawful act or application.
(3) For those purposes, an unlawful act includes making arrangements
to act in a particular way which would, if applied to an individual,
amount to a contravention mentioned in subsection (1)(a). 15
(4) Nothing in this Act affects the entitlement of a person to bring
proceedings under the Equality Act 2009 in respect of a
contravention mentioned in subsection (1).”
14 Omit section 25 (restraint of unlawful advertising etc.).
15 Omit section 26 (supplemental). 20
16 (1) Section 27 (conciliation) is amended as follows.
(2) For subsection (1) (disputes in relation to which the Commission may make
arrangements for the provision of conciliation services) substitute—
“(1) The Commission may make arrangements for the provision of
conciliation services for disputes in respect of which proceedings 25
have been or could be determined by virtue of section 108 of the
Equality Act 2009.”
17 (1) Section 28 (legal assistance) is amended as follows.
(a) in paragraph (a) for “equality enactments” substitute “Equality Act 30
2009”, and
(b) in paragraph (b) for “the equality enactments” substitute “that Act”.
(3) In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50)
(public” substitute “Part 12 of the Equality Act 2009 (disabled persons:”.
(a) for “the equality enactments”, on the first occasion it appears,
substitute “the Equality Act 2009”, and
(b) for “the equality enactments”, on each other occasion it appears,
substitute “that Act”.
(a) in paragraph (a) for “equality enactments” substitute “Equality Act
2009”, and
(b) in paragraph (b) for “the equality enactments” substitute “that Act”.
244
EXPLANATORY NOTES
E245
Equality Bill
(6) In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)”
substitute “Part 12 of the Equality Act 2009”.
(7) In subsection (9) for “equality enactments” substitute “Equality Act 2009”.
(a) for “A reference in” to “includes a reference” substitute “This section 5
applies”, and
(b) after paragraph (b) add “as it applies to the Equality Act 2009.”
18 For section 31(1) (duties in respect of which Commission may assess
compliance) substitute—
“(1) The Commission may assess the extent to which or the manner in 10
which a person has complied with a duty under or by virtue of
section 143, 147 or 148 of the Equality Act 2009 (public sector equality
duty).”
19 (1) Section 32 (public sector duties: compliance notice) is amended as follows.
(2) For subsection (1) substitute— 15
“(1) This section applies where the Commission thinks that a person has
failed to comply with a duty under or by virtue of section 143, 147 or
148 of the Equality Act 2009 (public sector equality duty).”
(3) In subsection (4) for “section 76A” to “Disability Discrimination Act 1995”
substitute “section 143 of the Equality Act 2009”. 20
(4) In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995
(c. 50)” substitute “section 143 of the Equality Act 2009”.
(5) In subsection (9)(b) for “in any other case” substitute “where the notice
related to a duty by virtue of section 147 or 148 of that Act”.
(6) In subsection (11) for “section 76B” to “Disability Discrimination Act 1995” 25
substitute “section 147 or 148 of the Equality Act 2009”.
20 Omit section 33 (equality and human rights enactments).
245
EXPLANATORY NOTES
E246
Equality Bill
21 (1) Section 34 (meaning of unlawful) is amended as follows.

(2) In subsection (1) for “equality enactments” substitute “Equality Act 2009”.
(a) after “virtue of” insert “any of the following provisions of the
Equality Act 2009”, and 5
(b) for paragraphs (a) to (c) substitute—
“(a) section 1 (public sector duty regarding socio-economic
inequalities),
(b) section 143, 147 or 148 (public sector equality duty),
(c) Part 12 (disabled persons: transport), or 10
(d) section 183 (disability: improvements to let houses).”
22 (1) Section 35 (general: definitions) is amended as follows.
(2) In the definition of “religion or belief”, for “Part 2 (as defined by section 44)”
substitute “section 10 of the Equality Act 2009”.
(3) For the definition of “sexual orientation” substitute— 15
““sexual orientation” has the same meaning as in section 12 of
the Equality Act 2009.”
23 In section 39(4) (orders subject to affirmative resolution procedure) for “,
27(10) or 33(3)” substitute “or 27(10)”.
24 Omit section 43 (transitional: rented housing in Scotland). 20
25 Omit Part 2 (discrimination on grounds of religion or belief).
26 Omit section 81 (regulations).
27 Omit Part 4 (public functions).
28 In section 94(3) (extent: Northern Ireland)—
(a) omit “and 41 to 56”, and 25
(b) omit “and the Disability Discrimination Act 1995 (c. 50)”.
29 (1) Schedule 1 (The Commission: constitution, etc.) is amended as follows.
(2) In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability
Discrimination Act 1995 (c. 50)” substitute “Parts 2, 3, 4, 6, 7, 12 and 13 of the
Equality Act 2009, in so far as they relate to disability”. 30
(3) In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)”
(4) In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995”
30 In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 35
to 56.
246
EXPLANATORY NOTES
Schedule 27: Repeals and revocations
Effect
968. This Schedule lists the current legislative provisions which will cease to have effect
once the relevant provisions in the Bill come into force.
E247
Equality Bill
Part 1 — Repeals
REPEALS AND REVOCATIONS
PART 1
REPEALS
Short title Extent of repeal 5

Equal Pay Act 1970 The whole Act.
Sex Discrimination Act 1975 The whole Act.
Race Relations Act 1976 The whole Act.
Sex Discrimination Act 1986 The whole Act.
Local Government Act 1988 Section 17(9). 10
Section 18.
Section 19(10).
Employment Act 1989 Sections 1 to 7.
Section 9.
Social Security Act 1989 In Schedule 5, paragraph 5. 15
Disability Discrimination Act The whole Act.
1995
Pensions Act 1995 Sections 62 to 65.
Greater London Authority Act Section 404.
1999 20
Sex Discrimination (Election Section 1.
Candidates) Act 2002
Education (Additional Support In section 17(1) “to exercise the functions which
for Learning) (Scotland) Act are conferred on a Tribunal by virtue of this
2004 Act”. 25
Equality Act 2006 Section 25.
Section 26.
Section 33.
Section 43.
Part 2. 30
Section 81.
Part 4.
In section 94(3) “and 41 to 56” and “and the
Disability Discrimination Act 1995 (c. 50)”.
In Schedule 3— 35
(a) paragraphs 6 to 35;
(b) paragraphs 41 to 56.
247
EXPLANATORY NOTES
Schedule 28: Index of defined expressions
Effect
969. This Schedule lists the terms and expressions which are defined in the Bill and refers
the reader to the provision in the Bill where the definition can be found.
E248
Equality Bill
Part 1 — Repeals
PART 2
REVOCATIONS
Title Extent of revocation

Occupational Pension Schemes The whole Regulations.
(Equal Treatment) 5
Regulations 1995 (S.I. 1995/
3183)
Employment Equality (Religion The whole Regulations.
or Belief) Regulations 2003
(S.I. 2003/1660) 10
Employment Equality (Sexual The whole Regulations.
Orientation) Regulations
2003 (S.I. 2003/1661)
Disability Discrimination Act The whole Regulations.
1995 (Pensions) Regulations 15
2003 (S.I. 2003/2770)
Occupational Pension Schemes The whole Regulations.
(Equal Treatment)
(Amendment) Regulations
2005 (S.I. 2005/1923) 20
Employment Equality (Age) The whole Regulations (other than Schedules 6
Regulations 2006 (S.I. 2006/ and 8).
1031)
Equality Act (Sexual The whole Regulations.
Orientation) Regulations 25
2007 (S.I. 2007/1263)
Sex Discrimination The whole Regulations.
(Amendment of Legislation)
Regulations 2008 (S.I. 2008/
963) 30
INDEX OF DEFINED EXPRESSIONS
Expression Provision
Accrual of rights, in relation to an Section 199(11)

occupational pension scheme 35
Additional maternity leave Section 200(6) and (7)
Additional maternity leave period Section 200(8)
Age discrimination Section 23(1)
248
EXPLANATORY NOTES
E249
Equality Bill
Age group Section 5(2)

Armed forces Section 199(1)
Association Section 101(2)
Auxiliary aid Section 19(8) 5
Belief Section 10(2)
Breach of an equality clause or rule Section 199(7)
The Commission Section 199(1)
Commonhold Section 35(7)
Compulsory maternity leave Section 200(3) 10
Contract work Section 38(6)
Contract worker Section 38(7)
Contravention of this Act Section 199(8)
Crown employment Section 78(9)
Detriment Section 199(1) 15
Disability Section 6(1)
Disability discrimination Section 23(2)
Disabled person Section 6(2) and (4)
Discrimination Sections 13 to 18, 20 and 102
Disposal, in relation to premises Section 35(3) to (5) 20
Education Acts Section 199(1)
Employer, in relation to an Section 199(10)
occupational pension scheme
Enactment Section 199(1) 25
Equality clause Section 199(1)
Equality rule Section 199(1)
Firm Section 43(2)
Gender reassignment Section 7(1)
Gender reassignment discrimination Section 23(3) 30
Harassment Section 24(1)
249
EXPLANATORY NOTES
E250
Equality Bill
Independent educational institution Section 84(7)

LLP Section 43(4)
Man Section 199(1)
Marriage and civil partnership Section 8 5
Marriage and civil partnership Section 23(4)
discrimination
Maternity equality clause Section 199(1)
Maternity equality rule Section 199(1)
Maternity leave Section 200(2) 10
Member, in relation to an Section 199(9)
Member of the executive Section 199(6)
Non-discrimination rule Section 199(1)
Occupation, in relation to premises Section 199(5) 15
Occupational pension scheme Section 199(1)
Offshore work Section 77(3)
Ordinary maternity leave Section 200(4) and (5)
Parent Section 199(1)
Pension credit member Section 199(10) 20
Pensionable service Section 199(10)
Pensioner member Section 199(10)
Personal office Section 46(2)
Physical feature Section 19(7)
Pregnancy and maternity Section 23(5) 25
discrimination
Premises Section 35(2)
Prescribed Section 199(1)
Profession Section 199(1)
Proposed firm section 43(3) 30
Proposed LLP Section 43(5)
Proprietor, in relation to a school Section 84(4)
250
EXPLANATORY NOTES
E251
Equality Bill
Protected characteristics Section 4

Protected period, in relation to Section 17(6)
pregnancy
Provision of a service Sections 29 and 199(4) 5
Public function Sections 29(4) and 144(5)
Public office Sections 47(2) and 49(4)
Pupil Section 84(3)
Race Section 9(1)
Race discrimination Section 23(6) 10
Religion Section 10(1)
Reasonable adjustments, duty to Section 19
make
Relevant member of the House of Section 78(5)
Commons staff 15
Relevant member of the House of Section 78(6)
Lords staff
Relevant person, in relation to a Section 49(6)
personal or public office
Religious or belief-related Section 23(7) 20
discrimination
Requirement, the first, second or third Section 19
Responsible body, in relation to a Section 86(9)
further or higher education institution
Responsible body, in relation to a Section 80(9) 25
school
School Section 84(5) and (6)
Service-provider Section 27(1)
Sex Section 11
Sex discrimination Section 23(8) 30
Sex equality clause Section 199(1)
Sex equality rule Section 199(1)
Sexual orientation Section 12(1)
Sexual orientation discrimination Section 23(9)
251
EXPLANATORY NOTES
E252
Equality Bill
Student Section 89(3)

Subordinate legislation Section 199(1)
Taxi, for the purposes of Part 3 Schedule 2, paragraph 4
(services and public functions) 5
Taxi, for the purposes of Chapter 1 of Section 166(1)
Part 12 (disabled persons: transport)
Tenancy Section 35(6)
Trade Section 199(1)
Transsexual person Section 7(2) 10
Trustees or managers, in relation to an Section 199(10)
University Section 89(4)
Victimisation Section 25(1)
Vocational training Section 53(8) 15
Woman Section 199(1)
252
Equality Bill
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 prohibit 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.
Presented by Ms Harriet Harman

supported by
The Prime Minister, Mr Chancellor of the Exchequer,
Secretary Jack Straw, Secretary Alan Johnson,
Secretary Hazel Blears, Secretary Geoff Hoon,
Secretary Ed Balls, Secretary James Purnell,
The Solicitor General, Mr Pat McFadden and Maria Eagle
Ordered, by The House of Commons,

to be Printed, 24 April 2009.
© Parliamentary copyright House of Commons 2009

Applications for reproduction should be made in writing to the Information Policy Team,
Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU
PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS

LONDON — THE STATIONERY OFFICE LIMITED
Printed in the United Kingdom by
The Stationery Office Limited
£x.xx
Bill 85 -II (xxxxxx) 54/4
xxxbarxxx

New Equality Bill PDF

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

New Equality Bill PDF

Caricato da

Copyright:

Formati disponibili

Equality Bill

EUROPEAN CONVENTION ON HUMAN RIGHTS

Background and summary

• the Equal Pay Act 1970;

• the Sex Discrimination Act 1975;

• the Race Relations Act 1976;

• 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 2007.

6. The main European Directives affecting domestic discrimination legislation

• Council Directive 75/117/EEC on the approximation of the laws of the

• Council Directive 76/207/EEC on the implementation of the principle of equal

• Council Directive 2000/43/EC implementing the principle of equal treatment

• Council Directive 2000/78/EC establishing a general framework for equal

• Council Directive 2004/113/EC implementing the principle of equal treatment

• European Parliament and Council Directive 2006/54/EC (as recast) on the

7. In addition, in July 2008 the Commission of the European Communities

9. In June 2007 the Department for Communities and Local Government

• place a new duty on certain public authorities to consider socio-economic

• extend the circumstances in which a person is protected against discrimination,

• allow an employer or service provider or other organisation to take positive

• enable an employment tribunal to make a recommendation to a respondent

Overview of the structure of the Bill

• the definitions of direct discrimination, discrimination arising from

Part 3 Makes it unlawful to discriminate against, harass or victimise a person

Part 5 Makes it unlawful to discriminate against, harass or victimise a person at

Part 6 Makes it unlawful for education bodies to discriminate against, harass or

Part 8 Prohibits other forms of conduct, including discriminating against or

Part 10 Makes terms in contracts, collective agreements or rules of undertakings

Also contains provisions which enable an employer or service provider or

Part 13 Deals with consent to make reasonable adjustments to premises and

Part 15 Contains a power for a Minister of the Crown to harmonise certain

Summary of the Impact Assessments

Public sector costs and manpower effects

Other costs and benefits

• in year 1 following commencement, the cost will be from £233 million to

Summary of the (Equality) Impact Assessment

• for anyone who belongs to an under-represented group, in employment, or as

Territorial extent and application

27. As far as territorial application is concerned, in relation to Part 5 (work) and

32. Clause 77 enables an Order in Council to provide that Northern Ireland

Compatibility with the European Convention on Human Rights

1 Public sector duty regarding socio-economic inequalities

EQUALITY: KEY CONCEPTS

4 The protected characteristics

Adjustments for disabled persons

Other prohibited conduct

SERVICES AND PUBLIC FUNCTIONS

Provision of services, etc.

Disposal and management

Local authority members

OCCUPATIONAL PENSION SCHEMES

Pregnancy and maternity equality

76 Ships and hovercraft

79 Application of this Chapter

FURTHER AND HIGHER EDUCATION

85 Application of this Chapter

GENERAL QUALIFICATIONS BODIES

90 Application of this Chapter

Special provision for political parties

PROHIBITED CONDUCT: ANCILLARY