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Session 2002 - 03
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Other Public Bills before Parliament

Equality Bill [HL]
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by Lord Lester of Herne Hill, will be made available.

CONTENTS

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

 
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Prepared 16 January 2003