Enterprise and Regulatory Reform Bill

Insert the following new Clause—

“Commission for Equality and Human Rights: accountability to Parliament

(1) The Equality Act 2006 is amended as follows.

(2) In paragraph 1 of Schedule 1, after sub-paragraph 1(1) insert—

“(1A) Appointments shall not take effect until such time as they are approved by a Committee of both Houses of Parliament.”.

(3) In paragraph 7 of Schedule 1, for sub-paragraph (2) substitute—

“(2) An appointment under sub-paragraph (1)(a) shall not take effect until such time as it has been approved by a Committee of both Houses of Parliament.”.

(4) In Schedule 1, for sub-paragraphs (4) to (6) substitute—

“(4) The Commission shall lay each annual report before Parliament within 3 months of the end of the financial year to which the report relates.

(5) The Commission shall send a copy of each annual report to—

(a) the Secretary of State,

(b) the Scottish Parliament, and

(c) the National Assembly for Wales.”.

(5) In section 4 (strategic plan), for subsection (4) substitute—

“(4) The Commission shall lay the plan and each revision before Parliament.

(4A) The Commission shall send a copy of the plan and each revision to the Secretary of State.”.

(6) After paragraph 38 of Schedule 1 (funding) insert—

“38A The budget fixed under paragraph 38 is subject to approval by a resolution of each House of Parliament.”.”

Insert the following new Clause—

“Equality Act 2010: Equality Impact Assessment

(1) The Equality Act 2010 is amended as follows.

(2) In section 149, after subsection (6) insert—

“(6A) A public authority shall make the following arrangements for compliance with the duties under this section—

(a) assessing and consulting on the likely impact of its proposed policies on the promotion of its duties under this section;

(b) monitoring its policies for any adverse impact on the fulfilment of its duties under this section;

(c) publishing the results of such assessments and consultations as are mentioned in paragraph (a) and of such monitoring as is mentioned in paragraph (b);

(d) ensuring public access to information and services which it provides; and

(e) training staff in connection with the duties imposed by this section.””

Insert the following new Clause—

“Equality Act 2010: caste discrimination

(1) Section 9 of the Equality Act 2010 (race) is amended as follows.

(2) In subsection (5) for “may” substitute “shall”.

(3) After subsection (5)(a) insert—

“(5A) A Minister of the Crown may by order—”.”

Insert the following new Clause—

“Director General of Intellectual Property Rights

(1) The Copyright, Designs and Patents Act 1988 is amended as follows.

(2) In Part VII (miscellaneous and general) at the beginning insert—

A296 Director General of Intellectual Property Rights

(1) The Secretary of State shall appoint an officer to be known as the Director General of Intellectual Property Rights (“the Director General”).

(2) The Director General has a duty to—

(a) promote the creation of new intellectual property,

(b) protect and promote the interests of UK intellectual property rights holders,

(c) co-ordinate effective enforcement of UK intellectual property rights, and

(d) educate consumers on the nature and value of intellectual property.

(3) In performing those duties, the Director General must also have regard to the desirability of—

(a) promoting the importance of intellectual property in the UK,

(b) encouraging investment and innovation in new UK intellectual property, and

(c) protecting intellectual property against infringement of rights.””

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Page 256, line 35, at end insert “on a licensing body”

Page 256, leave out lines 36 to 38

Page 256, line 39, leave out “may” and insert “must”

Page 256, line 45, leave out “the imposition of any such” and insert “a determination of a failure to comply or the imposition of a”

Page 257, line 13, at end insert “to defray reasonable costs incurred in relation to that licensing body”

Page 257, line 37, leave out first “or” and insert “, including provision”

Page 257, line 39, at end insert—

“( ) Regulations under this Schedule must make provision as to conditions that are to be satisfied, and procedures that are to be followed—

(a) before a licensing body is required to adopt a code of practice as described in paragraph 1(1);

(b) before a code of practice has effect as one adopted by a licensing body as described in paragraph 1(2);

(c) before an ombudsman is appointed as described in paragraph 3(1); and

(d) before a code reviewer is appointed as described in paragraph 4(1).”

Page 257, line 41, at end insert—

“( ) The regulations must provide for the Secretary of State to consult persons whom the Secretary of State considers represent the interests of licensing bodies, licensees and members of licensing bodies, and the Intellectual Property Office before—

(a) specifying criteria with which a code of practice must comply,

(b) making provision as to the conditions and procedures referred to in paragraph 2,

(c) appointing a person as an ombudsman, or

(d) appointing a person as a code reviewer.”