Equality Act 2006 (c. 3)

(The document as of February, 2008)

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(1) The Secretary of State may by order amend this Part so as to--

(a) create an exception to the prohibition under section 52(1), or,

(b) vary an exception to a prohibition under this Part.

(2) Before making an order under subsection (1) the Secretary of State shall consult the Commission for Equality and Human Rights.

(3) An order under subsection (1)--

(a) may include transitional, incidental or consequential provision (including provision amending an enactment (including an enactment in or under an Act of the Scottish Parliament)),

(b) may make provision generally or only for specified cases or circumstances,

(d) shall be made by statutory instrument, and

(e) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Enforcement

65 Restriction of proceedings

(1) Except as provided by this Act, no proceedings, whether criminal or civil, may be brought against a person on the grounds that an act is unlawful by virtue of this Part.

(2) But subsection (1) does not prevent--

(a) an application for judicial review,

(b) proceedings under the Immigration Acts,

(d) in Scotland, the exercise of the jurisdiction of the Court of Session to entertain an application for reduction or suspension of an order or determination or otherwise to consider the validity of an order or determination, or to require reasons for an order or determination to be stated.

66 Claim of unlawful action

(1) A claim that a person has done anything that is unlawful by virtue of this Part may be brought in a county court (in England and Wales) or in the sheriff court (in Scotland) by way of proceedings in tort (or reparation) for breach of statutory duty.

(2) Proceedings in England and Wales alleging that any of the following bodies has acted unlawfully by virtue of section 49 or 51 may not be brought unless the claimant has given written notice to the Secretary of State; and those bodies are--

(a) a local education authority, and

(b) the responsible body of an educational establishment listed in the Table in section 49.

(3) Proceedings in Scotland alleging that any of the following bodies has acted unlawfully by virtue of section 49 or 51 may not be brought unless the pursuer has given written notice to the Scottish Ministers; and those bodies are--

(a) an education authority, and

(b) the responsible body of an educational establishment listed in the Table in section 49.

(4) In subsection (1) the reference to a claim that a person has done an unlawful act includes a reference to a claim that a person is to be treated by virtue of this Part as having done an unlawful act.

(5) In proceedings under this section, if the claimant (or pursuer) proves facts from which the court could conclude, in the absence of a reasonable alternative explanation, that an act which is unlawful by virtue of this Part has been committed, the court shall assume that the act was unlawful unless the respondent (or defender) proves that it was not.

67 Immigration

(1) Proceedings may not be brought under section 66 alleging that a person has acted unlawfully by virtue of section 52 if the question of the lawfulness of the act could be raised (and has not been raised) in immigration proceedings (disregarding the possibility of proceedings brought out of time with permission).

(2) If in immigration proceedings a court or tribunal has found that an act was unlawful by virtue of section 52, a court hearing proceedings under section 66 shall accept that finding.

(3) In this section "immigration proceedings" means proceedings under or by virtue of--

(a) the Immigration Acts, or

(b) the Special Immigration Appeals Commission Act 1997 (c. 68).

68 Remedies

(1) This section applies to proceedings under section 66.

(2) A court may, in addition to any remedy available to it in proceedings for tort, grant any remedy that the High Court could grant in proceedings for judicial review.

(3) A court may not award damages in proceedings in respect of an act that is unlawful by virtue of section 45(3) if the respondent proves that there was no intention to treat the claimant unfavourably on grounds of religion or belief.

(4) A court may award damages by way of compensation for injury to feelings (whether or not other damages are also awarded).

(5) In the application of this section to proceedings in Scotland--

(a) a reference to the High Court shall be taken as a reference to the Court of Session,

(b) a reference to tort shall be taken as a reference to reparation,

(d) a reference to the claimant shall be taken as a reference to the pursuer.

(6) This section is subject to section 52(5).

69 Timing

(1) Proceedings under section 66 may be brought only--

(a) within the period of six months beginning with the date of the act (or last act) to which the proceedings relate, or

(b) with the permission of the court in which the proceedings are brought.

(2) In relation to immigration proceedings within the meaning of section 67, the period specified in subsection (1)(a) above shall begin with the first date on which proceedings under section 66 may be brought.

70 Information

(1) In this section--

(a) a reference to a claimant is a reference to a person who has brought proceedings under this Part,

(b) a reference to a potential claimant is a reference to a person who--

(i) thinks he may have been the subject of an act that is unlawful by virtue of this Part, and

(ii) wishes to consider whether to bring proceedings under this Part, and

(c) a person questioned by a potential claimant for the purpose of considering whether to bring proceedings is referred to as a potential respondent.

(2) The Secretary of State shall by order prescribe--

(a) forms by which a claimant or potential claimant may question the respondent or a potential respondent about the reasons for an action or about any matter that is or may be relevant, and

(b) forms by which a respondent or potential respondent may reply (if he wishes).

(3) A claimant's or potential claimant's questions, and a respondent or potential respondent's replies, (in each case whether or not put by a prescribed form) shall be admissible as evidence in proceedings in respect of the act to which the questions relate if (and only if) the questions are put--

(a) within the period of six months beginning with the date of the act (or last act) to which they relate, and

(b) in such manner as the Secretary of State may prescribe by order.

(4) A court may draw an inference from--

(a) a failure to reply to a claimant's or potential claimant's questions (whether or not put by a prescribed form) within the period of eight weeks beginning with the date of receipt, or

(b) an evasive or equivocal reply to a claimant's or potential claimant's questions (whether or not put by a prescribed form).

(5) The Secretary of State may by order amend subsection (3)(a) so as to substitute a new period for that specified.

(6) In the application of this section to Scotland--

(a) a reference to a claimant or potential claimant shall be taken as a reference to a pursuer or potential pursuer, and

(b) a reference to a respondent or potential respondent shall be taken as a reference to a defender or potential defender.

(7) An order under this section--

(a) shall be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) This section is subject to section 52(6).

71 National security

(1) Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought under section 66, where the court considers it expedient in the interests of national security--

(a) to exclude from all or part of the proceedings--

(i) the claimant;

(ii) the claimant's representatives;

(iii) any assessors;

(b) to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;

(2) The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of subsection (1).

(3) A person may be appointed under subsection (2) only--

(a) in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), or

(b) in relation to proceedings in Scotland, if he is--

(i) an advocate, or

(ii) qualified to practice as a solicitor in Scotland.

(4) A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.

72 Validity and revision of contracts

(1) A term of a contract is void where--

(a) its inclusion renders the making of the contract unlawful by virtue of this Part,

(b) it is included in furtherance of an act which is unlawful by virtue of this Part, or

(2) Subsection (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract; but the term shall be unenforceable against that party.

(3) A term in a contract which purports to exclude or limit a provision of this Part is unenforceable by a person in whose favour the term would operate apart from this subsection.

(4) Subsection (3) does not apply to a contract settling a claim under section 66.

(5) On the application of a person interested in a contract to which subsection (1) applies, a county court or sheriff court may make an order for removing or modifying a term made unenforceable by that subsection; but an order shall not be made unless all persons affected--

(a) have been given notice of the application (except where notice is dispensed with in accordance with rules of court), and

(b) have been afforded an opportunity to make representations to the court.

(6) An order under subsection (5) may include provision in respect of a period before the making of the order.

General

73 Aiding unlawful acts

(1) It is unlawful knowingly to help another person (whether or not as his employee or agent) to do anything which is unlawful under this Part.

(2) A person commits an offence if he knowingly or recklessly makes a false statement, in connection with assistance sought from another, that a proposed act is not unlawful under this Part.

(3) A person guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

74 Employers' and principals' liability

(1) Anything done by a person in the course of his employment shall be treated for the purposes of this Part as done by the employer as well as by the person.

(2) Anything done by a person as agent for another shall be treated for the purposes of this Part as done by the principal as well as by the agent.

(3) It is immaterial for the purposes of this section whether an employer or principal knows about or approves of an act.

(4) In proceedings under this Part against a person in respect of an act alleged to have been done by his employee it shall be a defence for the employer to provide that he took such steps as were reasonably practicable to prevent the employee--

(a) from doing the act, or

(b) from doing acts of that kind in the course of his employment.

(5) Subsections (1) and (2) shall not apply to the commission of an offence under section 54.

75 Police, &c.

(1) This section applies to--

(a) a constable who is a member of a police force maintained under the Police Act 1996 (c. 16) or the Police (Scotland) Act 1967 (c. 77),

(b) a special constable appointed for a police area in accordance with either of those Acts, and

(2) A person to whom this section applies shall be treated for the purposes of this Part as the employee of his chief officer of police; and anything done by the person in the performance or purported performance of his functions shall be treated as done in the course of that employment.

(3) There shall be paid out of the police fund--

(a) compensation, costs or expenses awarded against a chief officer of police in proceedings brought against him under this Part;

(b) costs or expenses incurred by a chief officer of police in proceedings brought against him under this Part so far as not recovered in the proceedings;

(c) sums required by a chief officer of police for the settlement of a claim made against him under this Part if the settlement is approved by the police authority.

(4) A police authority may pay out of the police fund--

(a) damages or costs awarded in proceedings under this Part against a person under the direction and control of the chief officer of police;

(b) costs incurred and not recovered by such a person in such proceedings;

(5) In section 56(4) of the Serious Organised Crime and Police Act 2005 (c. 15) (application of discrimination legislation to seconded staff) after paragraph (f) insert-- " ; and

(g) section 74 of the Equality Act 2006. "

76 Indirect provision of benefit, &c.

A reference in this Part to providing a service, facility or benefit of any kind includes a reference to facilitating access to the service, facility or benefit.

77 Employment Equality Regulations

(1) For regulation 2(1) of the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660) (definition of "religion or belief") substitute--

" (1) In these Regulations--

(a) "religion" means any religion,

(b) "belief" means any religious or philosophical belief,

(d) a reference to belief includes a reference to lack of belief. "

(2) For regulation 3(1)(a) of the Regulations substitute--

" (a) on the grounds of the religion or belief of B or of any other person except A (whether or not it is also A's religion or belief) A treats B less favourably than he treats or would treat other persons; " .

(3) Omit regulation 3(2) of the Regulations.

78 Crown application

(1) Section 52 binds the Crown.

(2) The remainder of this Part applies to an act done on behalf of the Crown as it applies to an act done by a private person.

(3) For the purposes of subsection (2) an act is done on behalf of the Crown if (and only if) done--

(a) by or on behalf of a Minister of the Crown,

(b) by or on behalf of the Scottish Ministers,

(d) by a body established by an enactment (including an enactment in or under an Act of the Scottish Parliament) acting on behalf of the Crown,

(e) by or on behalf of the holder of an office established by an enactment (including an enactment in or under an Act of the Scottish Parliament) acting on behalf of the Crown, or

(f) by or on behalf of an office-holder in the Scottish Administration (within the meaning of section 126(7) of the Scotland Act 1998 (c. 46)).

(4) The provisions of Parts II to IV of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Part as they apply to proceedings in England and Wales which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown; but section 20 of that Act (removal of proceedings from county court to High Court) shall not apply to proceedings under this Part.

(5) The provisions of Part V of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under this Part as they apply to proceedings in Scotland which by virtue of the said Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) shall not apply to proceedings under this Part.

79 Interpretation

(1) In this Part "charity"--

(a) in relation to England and Wales, has the meaning given by the Charities Act 2006, and

(b) in relation to Scotland, means a body entered in the Scottish Charity Register.

(2) In this Part--

(a) a reference to action includes a reference to deliberate omission, and

(b) a reference to refusal includes a reference to deliberate omission.

80 Territorial application

(1) This Part applies in relation to anything done in Great Britain.

(2) This Part also applies to the provision of--

(a) facilities for travel on a British ship, a British hovercraft or a British aircraft, and

(b) benefits, facilities or services provided on a British ship, a British hovercraft or a British aircraft.

(3) Section 52, in so far as it relates to granting entry clearance (within the meaning of the Immigration Acts), applies to anything done whether inside or outside the United Kingdom.

(4) In this section--

"British aircraft" means an aircraft registered in Great Britain,
"British hovercraft" means a hovercraft registered in Great Britain, and
"British ship" means a ship which is--
(a)
registered in Great Britain, or
(b)
owned by or used for purposes of the Crown.

(5) This section shall not make it unlawful to do anything in or over a country other than the United Kingdom, or in or over the territorial waters of a country other than the United Kingdom, for the purpose of complying with a law of the country.

Part 3 Discrimination on grounds of sexual orientation

81 Regulations

(1) The Secretary of State may by regulations make provision about discrimination or harassment on grounds of sexual orientation.

(2) In subsection (1) "sexual orientation" has the meaning given by section 35.

(3) The regulations may, in particular--

(a) make provision of a kind similar to Part 2 of this Act;

(b) define discrimination;

(d) make provision for enforcement (which may, in particular, include provision--

(i) creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by an enactment relating to discrimination or equality;

(ii) about validity and revision of contracts;

(iii) about discriminatory advertisements;

(iv) about instructing or causing discrimination or harassment);

(e) provide for exceptions (whether or not of a kind similar to those provided for by Part 2 of this Act or any other enactment relating to discrimination or equality);

(f) make provision which applies generally or only in specified cases or circumstances;

(g) make different provision for different cases or circumstances;

(h) include incidental or consequential provision (which may include provision amending an enactment);

(i) include transitional provision.

(4) The regulations--

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(5) In subsection (3)(h) "enactment" includes an enactment in or under an Act of the Scottish Parliament.

82 Regulations for Northern Ireland

(1) The Office of the First Minister and deputy First Minister may by regulations make provision about discrimination or harassment on grounds of sexual orientation.

(2) In subsection (1) "sexual orientation" has the same meaning as in the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR 2003 No. 497).

(3) The regulations may, in particular--

(a) make provision of a kind similar to Part 3 of the Race Relations Order (discrimination on grounds of race, etc. other than in employment field) and Part 4 of that Order so far as it applies for the purposes of Part 3;

(b) define discrimination;

(d) make provision for enforcement (which may, in particular, include provision--

(i) creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by the Race Relations Order;

(ii) about validity and revision of contracts;

(iii) about discriminatory advertisements;

(iv) about instructing or causing discrimination or harassment);

(e) provide for exceptions (whether or not of a kind similar to those provided for by Part 6 of the Race Relations Order or any other enactment relating to discrimination);

(f) confer powers or impose duties or restrictions on the Equality Commission for Northern Ireland of a kind similar to those conferred or imposed on the Commission by Part 7 of the Race Relations Order;

(g) make provision which applies generally or only in specified cases or circumstances;

(h) make different provision for different cases or circumstances;

(i) include incidental or consequential provision (which may include provision amending an enactment);

(j) include transitional provision.

(4) The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/ 1573 (NI 12)).

(5) Regulations may not be made under this section unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

(6) In this section--

"the Race Relations Order" means the Race Relations (Northern Ireland) Order 1997 (SI 1997/869 (N.I. 6));
"enactment" includes an enactment contained in or made under Northern Ireland legislation.

Part 4 Public Functions

Sex discrimination

83 Prohibition of discrimination

(1) In the Sex Discrimination Act 1975 (c. 65) the following shall be inserted at the beginning of Part III (discrimination in non-employment fields)--

" 21A Public authorities

(1) It is unlawful for a public authority exercising a function to do any act which constitutes--

(a) discrimination, or

(b) harassment within the meaning of section 4A(1) and (2), (5) and (6).

(2) In subsection (1)--

(a) "public authority" includes any person who has functions of a public nature (subject to subsections (3) and (4)), and

(b) "function" means function of a public nature.

(3) The prohibition in subsection (1) shall not apply to--

(a) the House of Commons,

(b) the House of Lords,

(d) the Secret Intelligence Service,

(e) the Government Communications Headquarters, or

(f) a part of the armed forces of the Crown which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

(4) The prohibition in subsection (1) shall not apply to the functions and actions listed in the Table of Exceptions in subsection (9) (but nothing in that Table permits anything which is prohibited by virtue of any Community law relating to discrimination).

(5) The Secretary of State may by order amend the Table of Exceptions.

(6) In an action under section 66 in respect of a contravention of this section--

(a) the court shall not grant an injunction or interdict unless satisfied that it will not prejudice criminal proceedings or a criminal investigation, and

(b) the court shall grant any application to stay or sist the section 66 proceedings on the grounds of prejudice to criminal proceedings or to a criminal investigation, unless satisfied that the proceedings or investigation will not be prejudiced.

(7) Section 74(2)(b) shall not apply in relation to a respondent's reply, or a failure to reply, to a question in connection with an alleged contravention of this section--

(a) if the respondent reasonably asserts that to have replied differently or at all might have prejudiced criminal proceedings or a criminal investigation,

(b) if the respondent reasonably asserts that to have replied differently or at all would have revealed the reason for not instituting or not continuing criminal proceedings,

(d) where the reply is given in circumstances specified for the purposes of this paragraph by order of the Secretary of State, or

(e) where the failure occurs in circumstances specified for the purposes of this paragraph by order of the Secretary of State.

(8) In this section "criminal investigation" means--

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