Equality Bill [HL]—continued
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PART 3

MEASURES TO FACILITATE GENERAL PROGRESS TOWARDS EQUALITY

Equality obligations in the public sector

25     Meaning of “public body”

(1)    In sections 26 and 27, “public body” means any person (or any description of persons) specified by order made by the Secretary of State.
(2)    An order under this section may specify only such persons as appear to the Secretary of State to exercise functions of a public nature.
(3)    An order under this section may, in relation to any body, specify a particular capacity in which the body acts or particular functions it carries out.
(4)    For the purposes of the Scotland Act 1998 (c. 46), this section and sections 26 and 27 are to be taken to be pre-commencement enactments within the meaning of that Act.
(5)    Before making an order under this section, the Secretary of State must consult the Commission and such other persons as he considers appropriate.
(6)    Before making an order under this section in relation to functions exercisable in relation to Wales by a person who is not a Welsh public authority, the Secretary of State must also consult the National Assembly for Wales.
(7)    The Secretary of State must not make an order under this section in relation to functions of a Welsh public authority except with the consent of the National Assembly for Wales.
(8)    In this section “Welsh public authority” means any person whose functions are exercisable only in relation to Wales.

26     Equality duties of public bodies

(1)    Every public body must, in carrying out its functions, have regard to the need—
(a)    to eliminate unlawful discrimination on any of the prohibited grounds;
(b)    to promote equality of opportunity as between those persons in each of the different groupings specified in subsection (2); and
(c)    to promote good relations between members of different racial groups.
(2)    The different groupings are—
(a)    persons generally without regard to their age;
(b)    persons of different racial groups;
(c)    persons generally without regard to any disability they have or have had;
(d)    persons of different family status;
(e)    persons who have undergone a gender reassignment and other persons generally;
(f)    persons of different marital status;
(g)    women who are pregnant and other persons generally;
(h)    persons of different religions or beliefs;
(i)    men and women generally;
(j)    persons of different sexual orientation.
(3)    In relation to the carrying out of immigration functions, the duty imposed by subsection (1)(b) has effect as if the particular racial ground of nationality were omitted.
(4)    Where, in respect of a public body an order under section 25 specifies—
(a)    a particular capacity in which the body acts, subsection (1) does not apply to that body in any other capacity; or
(b)    particular functions of that body, subsection (1) does not apply to that body in relation to any other functions.
(5)    A failure on the part of a public body to observe the duties imposed by subsection (1) may be taken into account by the Commission in exercising its functions under Parts 4 and 5 of this Act and may, if it appears relevant, be taken into account in any proceedings before a tribunal or court under Part 5 of this Act.
(6)    “Immigration functions” means functions exercisable by virtue of—
(a)    the Immigration Acts (within the meaning of the Nationality, Immigration and Asylum Act 2002 (c. 41) but excluding sections 28A to K of the Immigration Act 1971 (c. 77) so far as they relate to offences under Part 3 of that Act);
(b)    the Special Immigration Appeals Commission Act 1997 (c. 68);
(c)    any provision made under section 2(2) of the European Communities Act 1972 (c. 68) which relates to immigration or asylum; or
(d)    any provision of Community law which relates to immigration or asylum.

27     Implementation of equality duties

(1)    The Secretary of State may by order impose, on specified public bodies, specified duties for the purposes of ensuring the better performance by the body of their duties under section 26.
(2)    An order under subsection (1) may, in particular, make provision—
(a)    for assessing compliance by a public body with the duties imposed by section 26.
(b)    for assessing the likely impact on any of the purposes specified in section 26(1)(a) to (c) of policies or practices adopted, or proposed to be adopted, by a public body in the carrying out by it of its functions;
(c)    requiring a public body to consult persons appearing to it to be interested in, or affected by, such policies or practices;
(d)    for monitoring the effects of such policies and practices;
(e)    as to the training of the staff of a public body.
(3)    An order under subsection (1) may be made in relation to a particular public body, any description of public body or all public bodies.
(4)    Before making an order under subsection (1), the Secretary of State must consult the Commission and such other persons as he considers appropriate.
(5)    Before making an order under this section in relation to functions exercisable in relation to Wales by a person who is not a Welsh public authority, the Secretary of State must also consult the National Assembly for Wales.
(6)    The Secretary of State must not make an order under this section in relation to functions of a Welsh public authority except with the consent of the National Assembly for Wales.
(7)    In this section “Welsh public authority” means any person whose functions are exercisable only in relation to Wales.
(8)    “Specified” means specified in an order under subsection (1).

Employment equity plans and pay equity plans

28     Meaning of “designated employer” and other terms

(1)    This section applies for the purpose of defining terms and expressions used in sections 29 to 33.
(2)    “Designated employer” means any employer (or employers of any description) designated by order made by the Secretary of State as being an employer (or description of employer) to whom sections 29 to 33 apply.
(3)    An order under subsection (2) may only designate employers who have ten or more workers.
(4)    Before making an order under this section, the Secretary of State must consult the Commission and such other persons as he considers appropriate.
(5)    In sections 29 to 33—
  “appropriate representatives”, in relation to the workforce of any employer, has the meaning given in section 22(4);
  “employment”—
(a)    means employment under a contract of service or apprenticeship or a contract personally to do any work (whether the contract is express or implied and, if express, whether oral or in writing); and
(b)    includes performance by an individual of contract work;
  “employment equity plan” has the meaning given in section 30(2);
  “pay equity plan” has the meaning given in section 31(2);
  “worker” means an individual who is in employment (or, where employment has ceased, was in employment); and
  “workforce review” has the meaning given in section 29(3).
(6)    In the definition of “employment” in subsection (5), the reference to contract work is to work made available by any person (“A”) for doing by individuals who are employed by another person (“B”) who supplies them under a contract made with A.

29     Workforce reviews

(1)    A designated employer must from time to time conduct a review of his workforce for the purpose of determining whether section 30 or 31 applies to him.
(2)    A workforce review must be conducted at least once every three years and, for these purposes, the initial period of three years commences on the coming into force of this section.
(3)    A workforce review is an evaluation of—
(a)    the conditions for access to employment by the designated employer, including selection criteria, recruitment conditions, transfer, promotion and other benefit (whatever the branch of activity and at all levels of the professional or occupational hierarchy);
(b)    access provided by him to all types, and to all levels, of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience; and
(c)    the employment and working conditions of the workers of the designated employer, including pay, termination and other detriment.
(4)    In reviewing the pay of his workers, a designated employer must, among other things, identify—
(a)    any descriptions of activities carried out in the course of employment by any group of workers who are wholly or mainly women; and
(b)    any descriptions of activities carried out in the course of employment by any group of workers who are wholly or mainly men;
    and, so far as reasonably practicable, he must evaluate those descriptions of activities relative to each other so as to determine which descriptions of activities falling within paragraph (a) are of equal value to those falling within paragraph (b).
(5)    A designated employer must, in relation to descriptions of activities judged by him as being of equal value to each other, carry out an overall comparison between the pay levels of female and male workers carrying on those activities.
(6)    For the purposes of subsections (4) and (5), a woman is to be regarded as employed on work of equal value with that of any men if (but only if)—
(a)    her job and their job are of equal value, in terms of the demand made on a worker under various headings (such as effort, skill or decision); or
(b)    her job and their job would have been given an equal value but for the evaluation being made on a system setting different values for men and women on the same demand in respect of any aspect of the job.

30     Employment equity plans

(1)    An employer must draw up, adopt and implement an employment equity plan if the condition in subsection (2) is satisfied.
(2)    The condition is that, following a workforce review, there is any under-representation in any branch of activity in the workforce, or at any level in the professional or occupational hierarchy, of persons who are members of any of the following groups (“employment equity groups”)—
(a)    any group of persons identified by reference to a particular disability they have or have had;
(b)    any group of persons identified by reference to their colour, race, nationality or ethnic or national origins;
(c)    men generally;
(d)    women generally.
(3)    An employment equity plan is a programme of action for the purposes of—
(a)    identifying barriers to, and in, employment by a designated employer which may adversely affect persons who are members of an employment equity group;
(b)    taking steps to remove such barriers; and
(c)    adopting or maintaining positive policies and practices (including the making of reasonable adjustments to any physical features of premises) to ensure that members of employment equity groups achieve fair participation in any branch of activity in the workforce of a designated employer or at any level in the professional or occupational hierarchy.
(4)    An employment equity plan must extend to each employment equity group in respect of which there is under-representation.
(5)    An employment equity plan must include (amongst other things) provision as to—
(a)    the duration of the plan (which may not last less than one year nor more than five years);
(b)    the objectives to be achieved for the period of the plan;
(c)    for each year of the plan, the proposed timetable for the achievement of such objectives;
(d)    the procedures that will be used to monitor and evaluate the implementation of the plan and the degree of any progress made in achieving the purposes mentioned in subsection (3);
(e)    the internal procedures to resolve any dispute about the interpretation or implementation of the plan.
(6)    Nothing in this section requires an employer—
(a)    to take a particular measure if to do so would place a disproportionate burden on him;
(b)    to hire or promote persons to carry on particular activities if they are not qualified to do so;
(c)    to hire or promote persons without regard to merit; or
(d)    to create new positions in the workforce.
(7)    For the purposes of subsection (6)(b), a person is to be regarded as being qualified to carry on particular activities by virtue of formal qualifications, prior learning, relevant experience or capacity to acquire (within a reasonable time) the ability to do the job.
 

 
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Prepared 16 January 2003