Equality Act 2006

activities or classes of activity to be undertaken by the Commission in pursuance of its functions under this Act,

an expected timetable for each activity or class, and

priorities for different activities or classes, or principles to be applied in determining priorities.

at least once during the period of three years beginning with its completion,

at least once during each period of three years beginning with the completion of a review, and

at such other times as the Commission thinks appropriate.

by way of representations made in relation to, or otherwise in the course of, an inquiry under section 16,

by way of representations made in relation to, or otherwise in the course of, an investigation under section 20,

by way of representations made in relation to, or otherwise in the course of, an assessment under section 31,

by way of representations made in relation to, or otherwise in connection with, a notice under section 32, or

from a person with whom the Commission enters into, or considers entering into, an agreement under section 23.

for the purpose of the exercise of a function of the Commission under any of sections 16, 20, 21, 24, 25, 31 and 32,

in a report of an inquiry, investigation or assessment published by the Commission,

in pursuance of an order of a court or tribunal,

with the consent of each person to whom the disclosed information relates,

in a manner that ensures that no person to whom the disclosed information relates can be identified,

for the purpose of civil or criminal proceedings to which the Commission is party, or

if the information was acquired by the Commission more than 70 years before the date of the disclosure.

the Security Service,

the Secret Intelligence Service, and

the Government Communications Headquarters.

in accordance with section 9(1), and

under, by virtue of or in pursuance of—

the person is established by Act of the Scottish Parliament, and

the person's principal duties relate to human rights and are similar to any of the Commission's duties under section 9.

promote understanding of the importance of equality and diversity,

encourage good practice in relation to equality and diversity,

promote equality of opportunity,

promote awareness and understanding of rights under the Equality Act 2010,

enforce that Act,

work towards the elimination of unlawful discrimination, and

work towards the elimination of unlawful harassment.

is a disabled person within the meaning of the Equality Act 2010, or

has been a disabled person within that meaning (whether or not at a time when that Act had effect).

promote understanding of the importance of human rights,

encourage good practice in relation to human rights,

promote awareness, understanding and protection of human rights, and

encourage public authorities to comply with section 6 of the Human Rights Act 1998 (c. 42) (compliance with Convention rights).

the Convention rights within the meaning given by section 1 of the Human Rights Act 1998, and

other human rights.

promote understanding of the importance of good relations—

encourage good practice in relation to relations—

work towards the elimination of prejudice against, hatred of and hostility towards members of groups, and

work towards enabling members of groups to participate in society.

age,

disability,

gender,

gender reassignment (within the meaning of section 7 of the Equality Act 2010),

race,

religion or belief, and

sexual orientation.

add an entry, or

vary an entry.

advise central government about the effectiveness of any of the equality and human rights enactments;

recommend to central government the amendment, repeal, consolidation (with or without amendments) or replication (with or without amendments) of any of the equality and human rights enactments;

advise central or devolved government about the effect of an enactment (including an enactment in or under an Act of the Scottish Parliament);

advise central or devolved government about the likely effect of a proposed change of law.

“central government” means Her Majesty's Government,

“devolved government” means—

a reference to the equality and human rights enactments is a reference to the Human Rights Act 1998, this Act and the Equality Act 2010.

changes in society that have occurred or are expected to occur and are relevant to the duties specified in sections 8 and 9,

results at which to aim for the purpose of encouraging and supporting changes in society that are consistent with those duties (“outcomes”), and

factors by reference to which progress towards those results may be measured (“indicators”).

consult such persons having knowledge or experience relevant to the Commission's functions as the Commission thinks appropriate,

consult such other persons as the Commission thinks appropriate,

issue a general invitation to make representations, in a manner likely in the Commission's opinion to bring the invitation to the attention of as large a class of persons who may wish to make representations as is reasonably practicable, and

take account of any representations made.

within the period of three years beginning with the date on which this section comes into force, and

within each period of five years beginning with the date on which a report is published under this subsection.

publish or otherwise disseminate ideas or information;

undertake research;

provide education or training;

give advice or guidance (whether about the effect or operation of an enactment or otherwise);

arrange for a person to do anything within paragraphs (a) to (d);

act jointly with, co-operate with or assist a person doing anything within paragraphs (a) to (d).

the Equal Pay Act 1970 (c. 41),

Parts 2 to 4 and section 76A of the Sex Discrimination Act 1975 (c. 65) or an order under section 76B or 76C of that Act,

Parts 2 to 4 and section 71 of the Race Relations Act 1976 (c. 74),

Parts 2 to 4 and 5A of the Disability Discrimination Act 1995 (c. 50) except for sections 28D and 28E (accessibility in schools),

Part 2 of this Act,

regulations under Part 3 of this Act,

Parts 2 and 3 of the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), and

Parts 2 and 3 of the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660).

to ensure or facilitate compliance with the Equality Act 2010 or an enactment made under that Act , or

to promote equality of opportunity.

circumstances in which a tenant requires the consent of his landlord to make a relevant improvement, within the meaning of section 190(7) of the Equality Act 2010 (improvements), to a dwelling house,

reasonableness in relation to that consent, and

the application in relation to relevant improvements (within that meaning) to dwelling houses of—

circumstances in which the tenant requires the consent of the landlord to carry out work in relation to the house for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence,

circumstances in which it is unreasonable to withhold that consent,

circumstances in which any condition imposed on the granting of that consent is unreasonable, and

the application in relation to such work of—

the matter is not a matter addressed by the Equality Act 2010, but

the Minister expects to add it by order under section 15(6).

publish proposals, and

consult such persons as it thinks appropriate.

if he approves the draft—

otherwise, give the Commission written reasons why he does not approve the draft.

the Commission may issue the code in the form of the draft, and

it shall come into force in accordance with provision made by the Secretary of State by order.

approving a draft under subsection (7)(a) above, or

making an order under subsection (8)(b) above.

approving a draft under subsection (7)(a) above, or

making an order under subsection (8)(b) above.

shall begin with the date on which the draft is laid before both Houses (or, if laid before each House on a different date, with the later date), and

shall be taken not to include a period during which—

shall be admissible in evidence in criminal or civil proceedings, and

shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

in continuing the inquiry the Commission shall, so far as possible, avoid further consideration of whether or not the person has committed an unlawful act,

the Commission may commence an investigation into that question under section 20,

the Commission may use information or evidence acquired in the course of the inquiry for the purpose of the investigation, and

the Commission shall so far as possible ensure (whether by aborting or suspending the inquiry or otherwise) that any aspects of the inquiry which concern the person investigated, or may require his involvement, are not pursued while the investigation is in progress.

may not state (whether expressly or by necessary implication) that a specified or identifiable person has committed an unlawful act, and

shall not otherwise refer to the activities of a specified or identifiable person unless the Commission thinks that the reference—

send a draft of the report to the person,

specify a period of at least 28 days during which he may make written representations about the draft, and

consider any representations made.

for the monitoring of kinds of crime affecting certain groups;

designed to prevent or reduce crime within or affecting certain groups;

for activities (whether social, recreational, sporting, civic, educational or otherwise) designed to involve members of groups.

has committed an unlawful act,

has complied with a requirement imposed by an unlawful act notice under section 21, or

has complied with an undertaking given under section 23.

send a draft of the report to the person,

specify a period of at least 28 days during which he may make written representations about the draft, and

consider any representations made.

he is or has been the subject of an investigation under section 20(1)(a), and

the Commission is satisfied that he has committed an unlawful act.

the unlawful act, and

the provision of the Equality Act 2010 by virtue of which the act is unlawful.

subsections (5) to (7),

section 20(1)(b), and

section 24(1).

require the person to whom the notice is given to prepare an action plan for the purpose of avoiding repetition or continuation of the unlawful act;

recommend action to be taken by the person for that purpose.

that he has not committed the unlawful act specified in the notice, or

that a requirement for the preparation of an action plan imposed under subsection (4)(a) is unreasonable.

affirm a notice;

annul a notice;

vary a notice;

affirm a requirement;

annul a requirement;

vary a requirement;

make an order for costs or expenses.

an employment tribunal, if a claim in respect of the alleged unlawful act could be made to it, or

the county court (in England and Wales) or the sheriff (in Scotland), if a claim in respect of the alleged unlawful act could be made to it or to him.

an alleged contravention of section 40A(1) of the Equality Act 2010 (duty to take reasonable steps to prevent harassment of employees), or

an alleged contravention of section 111 or 112 of that Act which relates to a contravention of section 40A(1) of that Act.

approve it, or

give the person a notice which—

if the period of six weeks beginning with the date on which a first draft or revised draft is given to the Commission expires without the Commission—

upon a court's declining to make an order under subsection (6)(b) in relation to a revised draft of the plan.

for an order requiring a person to give the Commission a first draft plan by a time specified in the order,

for an order requiring a person who has given the Commission a revised draft plan to prepare and give to the Commission a further revised draft plan—

during the period of five years beginning with the date on which an action plan prepared by a person comes into force, for an order requiring the person—

the person undertakes—

the Commission undertakes not to proceed against the person under section 20 or 21 in respect of any unlawful act of the kind specified under paragraph (a)(i).

may be entered into whether or not the person is or has been the subject of an investigation under section 20,

may include incidental or supplemental provision (which may include provision for termination in specified circumstances), and

may be varied or terminated by agreement of the parties.

in England and Wales, to the county court for an injunction restraining the person from committing the act, or

in Scotland, to the sheriff for an interdict prohibiting the person from committing the act.

to comply with his undertaking, and

to take such other action as the court or the sheriff may specify.

sections 38 to 40 of the Sex Discrimination Act 1975 (c. 65) (advertising; and instructions or pressure to discriminate),

sections 29 to 31 of the Race Relations Act 1976 (c. 74) (advertising; and instructions or pressure to discriminate),

sections 16B and 16C of the Disability Discrimination Act 1995 (c. 50) (advertising; and instructions or pressure to discriminate), and

sections 54 and 55 below (religious discrimination: advertising; and instructions or pressure to discriminate).

may be brought by the Commission in accordance with this section, and

may not be brought by anyone else.

present a complaint to an employment tribunal, where the act is alleged to be unlawful by reference to—

in any other case, apply to a county court (in England and Wales) or the sheriff (in Scotland).

either—

the Commission thinks that if unrestrained the person is likely to do another act to which this section applies.

either—

the Commission thinks that without an interdict the person is likely to do another act to which this section applies.

an act which is unlawful because, by virtue of any of sections 13 to 18 of the Equality Act 2010, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act,

an act which is unlawful because it amounts to a contravention of section 40A(1) of that Act (or to a contravention of section 111 or 112 of that Act that relates to a contravention of section 40A(1) of that Act) (employer duty to take reasonable steps to prevent sexual harassment of employees),

an act which is unlawful because it amounts to a contravention of section 60(1) of that Act (or to a contravention of section 111 or 112 of that Act that relates to a contravention of section 60(1) of that Act) (enquiries about disability and health),

an act which is unlawful because it amounts to a contravention of section 106 of that Act (information about diversity in range of election candidates etc.),

an act which is unlawful because, by virtue of section 108(1) of that Act, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act, or

the application of a provision, criterion or practice which, by virtue of section 19 or 19A of that Act, amounts to a contravention of that Act.

within the period of six months beginning with the date (or last date) on which the alleged unlawful act occurred, or

with the permission of the tribunal, court or sheriff.

is pending, or

may be brought (disregarding the possibility of an appeal out of time with permission).

within the period of five years beginning with the date (or last date) on which the unlawful act referred to in that subsection occurred, or

with the permission of the court or sheriff.

section 66 of the Sex Discrimination Act 1975 (c. 65) (civil proceedings),

section 57 of the Race Relations Act 1976 (c. 74) (civil proceedings),

section 25, 28I, 28N, 28V or 31AE(1) of the Disability Discrimination Act 1995 (c. 50) (civil proceedings),

section 66 below,

a provision of regulations under Part 3 of this Act corresponding to section 66 below,

regulation 31 of the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660) (civil proceedings), or

regulation 31 of the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661) (civil proceedings).

it is unreasonable for a landlord of a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland to withhold consent to the carrying out of work in relation to the house for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or

any condition imposed by such a landlord on consenting to the carrying out of such work is unreasonable.

a Commissioner,

a member of the Commission’s staff,

a member of a committee established by the Commission, and

an Investigating Commissioner.

a Commissioner, or

a member of the Commission’s staff.

made with the consent of the parties to the dispute to which it relates,

which does not identify individuals or enable them to be identified, or

of information without which arrangements under this section cannot be made.

by a person who is not party to a dispute,

to the parties to the dispute, and

with the aim of enabling the dispute to be settled by agreement and without legal proceedings.

the proceedings relate or may relate (wholly or partly) to a provision of the Equality Act 2010, and

the individual alleges that he has been the victim of behaviour contrary to a provision of the that Act.

it is unreasonable for a landlord to withhold consent to the carrying out of work in relation to a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or

any condition imposed by a landlord on consenting to the carrying out of such work is unreasonable.

legal advice;

legal representation;

facilities for the settlement of a dispute;

any other form of assistance.

assistance may be given under subsection (1) in respect of any aspect of the proceedings while they relate to a provision of that Act, but

if the proceedings cease to relate to a provision of that Act, assistance may not be continued under subsection (1) in respect of the proceedings (except in so far as it is permitted by virtue of subsection (7) or (8)).

when instituted, related (wholly or partly) to a provision of the Equality Act 2010,

have ceased to relate to the provision of that Act, and

relate (wholly or partly) to any of the Convention rights within the meaning given by section 1 of the Human Rights Act 1998 (c. 42).

by virtue of an enactment (including an enactment in or under an Act of the Scottish Parliament), or

in accordance with the practice of a court.

relates to discrimination on grounds of sex (including reassignment of gender), racial origin, ethnic origin, religion, belief, disability, age or sexual orientation, and

confers rights on individualsas it applies to a provision of the Equality Act 2010.

an enactment (including an enactment in or under an Act of the Scottish Parliament) which is contrary to anything in assimilated law, or

a failure by the United Kingdom to implement a right as required by EU law (as it had effect before exit day).

the Commission has assisted an individual under section 28 in relation to proceedings, and

the individual becomes entitled to some or all of his costs in the proceedings (whether by virtue of an award or by virtue of an agreement).

shall be charged on sums paid to the individual by way of costs, and

may be enforced as a debt due to the Commission.

partly for one purpose and partly for another, or

for general purposes.

the Commission need not be a victim or potential victim of the unlawful act to which the proceedings relate,

the Commission may act only if there is or would be one or more victims of the unlawful act,

section 7(3) and (4) of that Act shall not apply, and

no award of damages may be made to the Commission (whether or not the exception in section 8(3) of that Act applies);

do not create a cause of action, and

are, except as provided by subsection (3), subject to any limitation or restriction imposed by virtue of an enactment (including an enactment in or under an Act of the Scottish Parliament) or in accordance with the practice of a court.

section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65) (public authorities: duty to eliminate discrimination, &c.),

section 71 of the Race Relations Act 1976 (c. 74) (public authorities: duty to eliminate discrimination, &c.), or

section 49A or 49D of the Disability Discrimination Act 1995 (c. 50) (public authorities: duty to eliminate discrimination, &c.).

section 76A, 76B or 76C of the Sex Discrimination Act 1975 (public authorities: duty to eliminate discrimination, &c.),

section 71 of the Race Relations Act 1976 (public authorities: duty to eliminate discrimination, &c.), or

section 49A or 49D of the Disability Discrimination Act 1995 (public authorities: duty to eliminate discrimination, &c.).

to comply with the duty, and

to give the Commission, within the period of 28 days beginning with the date on which he receives the notice, written information of steps taken or proposed for the purpose of complying with the duty.

the period within which the information is to be given (which shall begin with the date on which the notice is received and shall not exceed three months), and

the manner and form in which the information is to be given.

the Commission has carried out an assessment under section 31 above, and

the notice relates to the results of the assessment.

that he is prohibited from disclosing by virtue of an enactment, or

that he could not be compelled to give in proceedings before the High Court or the Court of Session.

where the notice related to a duty under section 149 of the Equality Act 2010, the High Court (in England and Wales) or (in Scotland) the Court of Session, and

where the notice related to a duty by virtue of section 153 or 154 of that Act, the county court (in England and Wales) or the sheriff (in Scotland).

may be brought by the Commission in accordance with subsection (8) above, and

may not be brought in any other way.

the Equal Pay Act 1970 (c. 41),

the Sex Discrimination Act 1975,

the Race Relations Act 1976,

the Disability Discrimination Act 1995,

Part 2 of this Act,

regulations under Part 3 of this Act,

the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), and

the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660).

add an entry,

remove an entry, or

vary an entry.

section 1 (public sector duty regarding socio-economic inequalities),

section 149, 153 or 154 (public sector equality duty),

Part 12 (disabled persons: transport), or

section 190 (disability: improvements to let dwelling houses).

any of the former Commissions to cease to exist, or

the removal from any of the former Commissions of a specified function.

the Equal Opportunities Commission,

the Commission for Racial Equality, and

the Disability Rights Commission.

to provide information in connection with property, rights or liabilities;

to provide information in connection with the exercise of functions;

to transfer specified property, rights and liabilities to a specified person;

to make property, staff or facilities available, on such terms or conditions as may be specified in the direction, to the Commission for Equality and Human Rights;

not to take action of a specified kind or in specified circumstances.

the Commission for Equality and Human Rights, or

another person specified in the direction.

the former Commission shall prepare a scheme in accordance with the direction, having consulted either the Commission for Equality and Human Rights or the person specified under subsection (3)(b), and

the scheme shall have effect—

specify property, rights or liabilities;

specify a class or description of property, rights or liabilities;

specify property, rights or liabilities to a specified extent.

shall be in writing,

may be given only following consultation with the former Commission to which the direction relates and, where the Secretary of State thinks it appropriate, the Commission for Equality and Human Rights, and

may be varied or revoked by a further direction.

anything done by or in relation to any of the former Commissions which has effect immediately before the transfer shall continue to have effect as if done by or in relation to the Commission for Equality and Human Rights, and

anything (including any legal proceedings) which immediately before the transfer is in the process of being done by or in relation to any of the former Commissions may be continued by or in relation to the Commission for Equality and Human Rights.

whether or not they would otherwise be capable of being transferred,

without any instrument or other formality being required, and

irrespective of any requirement for consent that would otherwise apply.

must provide for the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and

must provide that for any purpose relating to an employee of a former commission who becomes an employee of the Commission for Equality and Human Rights by virtue of the scheme or order—

may make provision generally or only for specified purposes,

may make different provision for different purposes, and

may include transitional, incidental or consequential provision.

section 15(3),

section 28,

section 29,

section 36, and

Part 5 of Schedule 1.

may, in particular, make consequential amendment of an enactment (including this Act and including an enactment in or under an Act of the Scottish Parliament), and

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

the period between that time and the commencement of any of sections 8 to 32 (to any extent) is the “transitional period” for the purposes of this section, and

the following provisions of this section shall have effect.

a commissioner of the Equal Opportunities Commission nominated by its chairman,

a commissioner of the Commission for Racial Equality nominated by its chairman, and

a commissioner of the Disability Rights Commission nominated by its chairman.

he shall cease to be a Transition Commissioner,

the chairman of that Commission shall nominate a replacement, and

the Secretary of State shall appoint the nominated replacement.

ceases to exist, or

loses its principal functions.

provide for a former Commission to continue to exercise a function in respect of a transitional case of a kind specified;

provide for the Commission for Equality and Human Rights to exercise a function of a former Commission in respect of a transitional case of a kind specified.

shall continue to have effect until revoked by the Secretary of State, at the request of the Commission for Equality and Human Rights, by order made by statutory instrument, and

may be revised by the Commission for Equality and Human Rights as if it had been issued under section 14.

after subsection (1E) insert—

after subsection (4A) insert—

after subsection (6A) insert—

after subsection (8A) insert—

which he applies or would apply equally to persons not of B’s religion or belief,

which puts persons of B’s religion or belief at a disadvantage compared to some or all others (where there is no material difference in the relevant circumstances),

which puts B at a disadvantage compared to some or all persons who are not of his religion or belief (where there is no material difference in the relevant circumstances), and

which A cannot reasonably justify by reference to matters other than B’s religion or belief.

has brought or intended to bring, or intends to bring, proceedings under this Part,

has given or intended to give, or intends to give, evidence in proceedings under this Part,

has provided or intended to provide, or intends to provide, information in connection with proceedings under this Part,

has done or intended to do, or intends to do, any other thing under or in connection with this Part, or

has alleged or intended to allege, or intends to allege, that a person contravened this Part.

by refusing to provide B with goods, facilities or services,

by refusing to provide B with goods, facilities or services of a quality which is the same as or similar to the quality of goods, facilities or services that A normally provides to—

by refusing to provide B with goods, facilities or services in a manner which is the same as or similar to that in which A normally provides goods, facilities or services to—

by refusing to provide B with goods, facilities or services on terms which are the same as or similar to the terms on which A normally provides goods, facilities or services to—

access to and use of a place which the public are permitted to enter,

accommodation in a hotel, boarding house or similar establishment,

facilities by way of banking or insurance or for grants, loans, credit or finance,

facilities for entertainment, recreation or refreshment,

facilities for transport or travel, and

the services of a profession or trade.

insisting on exercising the skill in the way in which he exercises it in relation to or for the purposes of that religion or belief, or

if he reasonably considers it impracticable to exercise the skill in that way in relation to or for the purposes of another religion or belief, refusing to exercise it in relation to or for the purposes of that other religion or belief.

does not apply in relation to the provision of goods, facilities or services by a person exercising a public function, and

does not apply to discrimination in relation to the provision of goods, facilities or services if discrimination in relation to that provision—

in the terms on which he offers to dispose of premises to him,

by refusing to dispose of premises to him, or

in connection with a list of persons requiring premises.

in the manner in which he provides access to a benefit or facility,

by refusing access to a benefit or facility,

by evicting him, or

by subjecting him to another detriment.

the landlord or a near relative resides, and intends to continue to reside, in another part of the premises,

the premises include parts (other than storage areas and means of access) shared by residents of the premises, and

the premises are not normally sufficient to accommodate—

spouse or civil partner,

parent or grandparent,

child or grandchild (whether or not legitimate),

the spouse or civil partner of a child or grandchild,

brother or sister (whether of full blood or half-blood), and

any of the relationships listed in paragraphs (b) to (e) above that arises through marriage, civil partnership or adoption.

owns an estate or interest in the premises,

occupies the whole of the premises,

does not use the services of an estate agent for the purposes of the disposal, and

does not arrange for the publication of an advertisement for the purposes of the disposal.

in the terms on which it offers to admit him as a pupil,

by refusing to accept an application to admit him as a pupil, or

where he is a pupil of the establishment—

an expression also used in any of the Education Acts (within the meaning of section 578 of the Education Act 1996 (c. 56)) has the same meaning as in that Act, and

“pupil” in relation to an establishment includes any person who receives education at the establishment.

a school designated under section 69(3) of the School Standards and Framework Act 1998 (c. 31) (foundation or voluntary school with religious character),

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,

a school transferred to an education authority under section 16 of the Education (Scotland) Act 1980 (transfer of certain schools to education authorities) which is conducted in the interest of a church or denominational body,

a school provided by an education authority under section 17(2) of that Act (denominational schools),

a grant-aided school (within the meaning of that Act) which is conducted in the interest of a church or denominational body, or

a school registered in the register of independent schools for Scotland if the school—

the content of the curriculum, or

acts of worship or other religious observance organised by or on behalf of an educational establishment (whether or not forming part of the curriculum).

amend or repeal an exception in subsection (1) or (2);

provide for an additional exception to section 49;

make provision about the construction or application of section 45(3)(d) in relation to section 49.

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

may make provision generally or only in respect of specified cases or circumstances (which may, in particular, be defined by reference to location),

may make different provision in respect of different cases or circumstances (which may, in particular, be defined by reference to location),

shall be made by statutory instrument,

may not be made unless the Secretary of State has consulted the Scottish Ministers, the National Assembly for Wales and such other persons as he thinks appropriate, and

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

the exercise of an authority’s functions under section 14 of the Education Act 1996 (c. 56) (provision of schools),

the exercise of an authority’s functions in relation to transport,

the exercise of an authority’s functions under section 13 of that Act (general responsibility for education) in so far as they relate to a matter specified in paragraph (a) or (b) above, or

the exercise of functions as the responsible body for an establishment listed in the Table in section 49.

the exercise of an authority’s functions under section 17 of the Education (Scotland) Act 1980 (c. 44) (provision etc. of schools),

the exercise of an authority’s functions in relation to transport,

the exercise of an authority’s functions under section 1 of that Act, section 2 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) and sections 4 and 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (duties in relation to provision of education) in so far as they relate to a matter specified in paragraph (a) or (b) above,

the exercise of an authority’s functions under section 50(1) of the Education (Scotland) Act 1980 (education of pupils in exceptional circumstances) in so far as they consist of making arrangements of the kind referred to in subsection (2) of that section, or

the exercise of functions as the responsible body for an establishment listed in the Table in section 49.

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

“function” means function of a public nature.

the House of Commons,

the House of Lords,

the authorities of either House of Parliament,

the Security Service,

the Secret Intelligence Service,

the Government Communications Headquarters, or

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.

the exercise of a judicial function (whether in connection with a court or a tribunal),

anything done on behalf of or on the instructions of a person exercising a judicial function (whether in connection with a court or a tribunal),

preparing, passing (or making), confirming, approving or considering an enactment (including legislation made by or by virtue of a Measure of the General Synod of the Church of England),

the making of an instrument by a Minister of the Crown under an enactment,

the making of an instrument by the Scottish Ministers or a member of the Scottish Executive under an enactment,

a decision of any of the following kinds taken in accordance with rules under section 3(2) of the Immigration Act 1971 (c. 77) (“immigration rules”) or anything done for the purposes of or in pursuance of a decision of any of those kinds—

a decision in connection with an application for entry clearance or for leave to enter or remain in the United Kingdom or anything done for the purposes of or in pursuance of a decision of that kind (whether or not the decision is taken in pursuance of a provision of immigration rules) if the decision is taken on the grounds—

a decision taken, or guidance given, by the Secretary of State in connection with a decision of a kind specified in paragraph (f) or (g),

a decision taken in accordance with guidance given by the Secretary of State in connection with a decision of a kind specified in paragraph (f) or (g),

a decision not to institute or continue criminal proceedings (and anything done for the purpose of reaching, or in pursuance of, such a decision),

action in relation to—

the exercise of the power under section 2 of the Local Government Act 2000 (c. 22) (promotion of well-being), or

action which—

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

the court shall grant any application to stay 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.

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

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

where the reply is of a kind specified for the purposes of this paragraph by order of the Secretary of State,

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

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

may include transitional or incidental provision,

may make provision generally or only for specified cases or circumstances,

may make different provision for different cases or circumstances,

shall be made by statutory instrument, and

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

a reference to the court shall be taken as a reference to the sheriff,

a reference to an injunction shall be taken as a reference to an interdict,

a reference to staying proceedings shall be taken as a reference to sisting proceedings, and

a reference to the respondent or potential respondent shall be taken as a reference to the defender or potential defender.

by the Commission for Equality and Human Rights, and

in accordance with sections 20 to 24.

by the Commission for Equality and Human Rights, and

in accordance with section 25.

he published in reliance on a statement, made by a person causing the advertisement to be published, that subsection (1) would not apply, and

that it was reasonable to rely on that statement.

by the Commission for Equality and Human Rights, and

in accordance with section 25.

to practice a religion or belief,

to advance a religion or belief,

to teach the practice or principles of a religion or belief,

to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or

to improve relations, or maintain good relations, between persons of different religions or beliefs.

to restrict membership of the organisation,

to restrict participation in activities undertaken by the organisation or on its behalf or under its auspices,

to restrict the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices, or

to restrict the use or disposal of premises owned or controlled by the organisation.

to restrict participation in activities carried on in the performance of his functions in connection with or in respect of an organisation to which this section relates, or

to restrict the provision of goods, facilities or services in the course of activities carried on in the performance of his functions in connection with or in respect of an organisation to which this section relates.