Equality Bill [HL]

Part of the debate – in the House of Lords at 6:30 pm on 9th November 2005.

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Photo of Lord Lester of Herne Hill Lord Lester of Herne Hill Advisory Team On Legal Matters, Non-Departmental & Cross Departmental Responsibilities 6:30 pm, 9th November 2005

moved Amendment No. 41:

After Clause 80, insert the following new clause—




(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;

(c) define harassment;

(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."

On Question, amendment agreed to.