This section confers a power on the Scottish Ministers to make regulations entitling disabled people to make disability-related alterations to the common parts of some residential property in Scotland. This section 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”. It: The Act consists of 16 Parts and 28 Schedules. The court must first ensure that anyone who would be affected has been told of the proceedings and given an opportunity to make his or her views known. The new section applies section 1 of the Married Women’s Property Act 1964 (as amended by this Act) to allowances paid by civil partners so that money and property derived from a housekeeping allowance is to be treated as belonging to both civil partners in equal shares. This section requires that a woman’s contract must be read as including a maternity equality clause. Only a small number of female staff can work at night and the bonus payments go almost entirely to male employees. 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 exception can be used by employers, principals (as defined in section 41) in relation to contract work, partners, members of limited liability partnerships and those with the power to appoint or remove office-holders, or to recommend an appointment to a public office. However, there is no provision in this Act for him to bring a case against the local council or other public body in such circumstances. Previous legislation provided protection to existing and potential guests of associations because of disability only. However, the burden of proof was not previously reversed in race discrimination claims brought because of colour and nationality; claims of victimisation which related to race discrimination; non-work disability discrimination claims; and sex discrimination claims which related to the exercise of public functions. This section makes it clear that section 193 does not allow charities to restrict their benefits to people because of colour. 74.This section is designed to replicate the effect of similar provisions in the Sex Discrimination Act 1975 and extends the protection to cover discrimination in relation to public functions, education, and to associations, where no such protection previously existed. 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. This will ensure that the act of sending signals is not excluded by the exception in sub-paragraph (1), only the content of what is broadcast. Under the duty it would need to think about providing information in large print and on audio tape for them. A responsible person (as defined in section 80, 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. 464.Under this section, contractual and relevant non-contractual terms which try to exclude or limit the operation of any provision in the Act (which includes those dealing with equality of terms) or a provision of secondary legislation made under the Act (for example regulations made under section 81 (ships and hovercraft)) are unenforceable by the person in whose favour the term operates. 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. The paragraph replaces separate exceptions for the protection of women in the Sex Discrimination Act 1975 and in the Employment Act 1989. This section extends similar protection to all protected characteristics covered by this Part. 795.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. 157.In the case of limited partnerships, these prohibitions only apply in relation to those partners who are involved with the operation of the firm (general partners). 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. This section provides that it is discrimination to treat a disabled person unfavourably not because of the person’s disability itself but because of something arising from, or in consequence of, his or her disability, such as the need to take a period of disability-related absence. This section uses the words “because of” where the previous legislation contains various definitions using the words “on grounds of”. 856.Schools must have regard to the need to allocate adequate resources to the plans. procedures for altering the rules, including obtaining consent, are unduly complex or would take too long. 637.This is a new provision designed to ensure that the areas of the Act 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 previous legislation. Under section 20 of the Civic Government (Scotland) Act 1982, regulations may make provision corresponding to section 170 for Scotland. This power also allows amendment of the Schedules referred to in section 20(13). Certain provisions came into force automatically on the day on which the Act received Royal Assent, for example the sections relating to commencement, short title, subordinate legislation and interpretation. 396.This section is designed to replicate the effect of provisions in the previous legislation. Payments of compensation and related costs arising from the personal liability of chief officers (or in Scotland, chief constables) will instead be dealt with by the Police Act 1996 and the Police (Scotland) Act 1967, as for all other police officers. 54.This section is a new provision which explains that references in the Act 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. 727.An “approved celebrant” is not obliged to marry a person if he or she reasonably believes the person to have acquired his or her gender under the Gender Recognition Act 2004. 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. 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. 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; makes public the selection criteria used for transfer or promotion of staff. It provides that applying a competence standard to a disabled person is not disability discrimination, provided the application of the standard is justified. The time limit starts to run when the employee discovers, or could reasonably have discovered, the information. 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. A trade union restricts its membership to men. It specifies that the duty applies in different ways to different types of vehicle. 141.The exceptions which apply to this part of the Act are contained in Schedule 5. Also, section 30 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. The section does not allow employers to have a policy or practice of automatically treating people who share a protected characteristic more favourably than those who do not have it in these circumstances; each case must be considered on its merits. This provision replaces similar provisions in the previous legislation. 579.This section explains the meaning of the terms, “accessibility certificate”, “approval certificate”, “PSV accessibility regulations” and “regulated public service vehicle”. An employer arranges for an insurer to provide a group health insurance scheme to his employees. It is important that the disabled candidate knows that his or her qualification will be as highly regarded as other people’s qualifications, and will not be regarded as inferior because reasonable adjustments have been made. It provides that appointment does not include election, meaning elected offices will not constitute personal or public offices for the purpose of these sections. 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. This section replicates the provisions contained in section 41 of the Disability Discrimination Act 1995. However, activity related to the making of a bye-law by a local authority would not be within the exceptions in this Schedule. It also permits payment of different amounts where actuarial factors are applied to the determination of certain prescribed benefits. This means that a wholly private company could not be added unless it were carrying out what the person exercising the power considered to be a public function. As well as defining the types of partnership to which these provisions apply, it establishes what is meant by expulsion from a partnership. Under section 20 of the Civic Government (Scotland) Act 1982, regulations may make provision corresponding to sections 168 and 169 for Scotland. In determining the effect of the unwanted conduct, courts and tribunals will continue to be required to balance competing rights on the facts of a particular case. This section enables a Minister of the Crown to make orders setting out exceptions to the prohibition on discriminating against people because of age, except in relation to work and further and higher education. 337.This provision applies to the selection of candidates in relation to elections to Parliament, local government, the European Parliament, the Scottish Parliament and the National Assembly for Wales. Employment Equality (Age) Regulations 2006 (SI 2006/1031), Employment Equality (Age) Regulations 2006 (S.I. 163.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. This section replaces provisions in previous legislation concerning its application to seafarers. 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. Various prospective buyers come forward and the homeowner opts to sell it to a fellow Christian. 19.Equal opportunities and discrimination are “transferred matters” under the Northern Ireland Act 1998. These conditions do not apply to taxis which are drawn by horses or other animals. This could be because there is no comparator doing equal work with whom a claimant can compare his or her pay or other terms. The measure of compensation is that which applies in tort claims, for example claims of negligence, where the compensation puts the claimant in the same position, as far as possible, as he or she would have been in if the unlawful act had not taken place. The basic period in relation to England and Wales is six years from the date a claim is made. A work colleague expresses an interest in buying it but she refuses to sell it to him because he is black. The members took up post on 1 September 2008 and the Board became fully operational on 1 January 2010. Together, these amount to a “substantial adverse effect” on his ability to carry out normal day-to-day activities. The Government’s aim is for employers regularly to publish such information on a voluntary basis. 571.The Secretary of State can withdraw approval for a “type vehicle” at any time. A Legislative Consent Motion in respect of the Act was passed by the Scottish Parliament on 28 January 2010. The removal of this age cap on the right to claim unfair dismissal was removed by the 2006 Regulations. The regulations governing the approval of premises for the registration of civil partnerships are the Marriages and Civil Partnerships (Approved Premises) Regulations 2005. Regulations under section 6A could provide that, for example, Church of England premises may be approved for the registration of civil partnerships only with the consent of the General Synod of the Church of England. 142.This section replaces similar provisions in previous legislation. For these purposes, it does not matter where the transport in fact takes place. The public functions provisions apply only where what is being done does not fall within the definition of a “service”. The duty does not require public bodies to consider how to reduce inequalities resulting from people being subject to immigration control. 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. 366.The Equality and Human Rights Commission can enforce this section using its statutory powers under the Equality Act 2006. 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.

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