moved Amendment No. 5:
Page 17, line 40, at end insert—
"(11) A reference in this section to a provision of the equality enactments includes a reference to a provision of Community law which—
(a) relates to discrimination on grounds of sex, racial origin, ethnic origin, religion, belief, disability, age or sexual orientation or to equality of opportunity between men and women, and
(b) confers rights on individuals.
(12) In its application by virtue of subsection (11), subsection (1)(b) shall have effect as if it referred to an allegation by an individual that he is disadvantaged by—
(a) an enactment (including an enactment in or under an Act of the Scottish Parliament) which is contrary to a provision of Community law, or
(b) a failure by the United Kingdom to implement a right as required by Community law."