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SCHEDULE 10
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EQUALITY: ENFORCEMENT OF DUTIES. |
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The Equality Commission |
| | 1. The Equality Commission for Northern Ireland shall-
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(a) keep under review the effectiveness of the duties imposed by section 61; |
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(b) offer advice to public authorities and others in connection with those duties; and |
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(c) where it thinks appropriate, request a public authority to make a first or revised scheme showing how it proposes to fulfil those duties in relation to some or all of its functions. |
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Equality schemes |
| | 2. - (1) A public authority shall respond to a request under paragraph 1 by submitting a scheme to the Commission as soon as reasonably practicable.
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(2) A scheme shall state, in particular, the authority's arrangements-
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(a) for assessing its compliance with the duties under section 61; |
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(b) for publishing the results of assessments; |
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(c) for consulting on matters to which a duty under section 61 is likely to be relevant (including details of persons to be consulted); |
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(e) for ensuring, and assessing, public access to services provided by the authority. |
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(3) A scheme shall-
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(a) conform to any guidelines as to form or content which are issued by the Commission with the approval of the Secretary of State; |
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(b) specify a timetable for measures proposed in the scheme; and |
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(c) include details of how it will be published. |
| | 3. Before submitting a scheme a public authority shall consult, in accordance with any directions given by the Commission, representatives of persons likely to be affected by the scheme.
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| | 4. On receipt of a scheme the Commission shall-
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(b) refer it to the Secretary of State. |
| | 5. - (1) Where a scheme is referred to the Secretary of State he shall-
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(b) request the public authority to make a revised scheme; or |
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(c) make a scheme for the public authority. |
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(2) A request under sub-paragraph (1)(b) shall be treated in the same way as a request under paragraph 1(c).
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| | 6. - (1) If a public authority wishes to revise a scheme it may submit a revised scheme to the Commission.
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(2) A revised scheme shall be treated as if it were submitted in response to a request under subsection 1(c).
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Complaints |
| | 7. - (1) If the Commission receives a complaint made in accordance with this paragraph of failure by a public authority to comply with a scheme approved or made under paragraph 4 or 5, it shall-
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(a) investigate the complaint; or |
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(b) give the complainant reasons for not investigating. |
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(2) A complaint must be made in writing by a person who claims to have been directly affected by the failure.
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(3) A complaint must be sent to the Commission during the period of 12 months starting with the day on which the complainant first knew of the matters alleged.
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(4) Before making a complaint the complainant must-
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(a) bring the complaint to the notice of the public authority; and |
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(b) give the public authority a reasonable opportunity to respond. |
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Investigations |
| | 8. - (1) This paragraph applies to-
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(a) investigations required by paragraph 7; and |
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(b) any other investigation carried out by the Commission where it believes that a public authority may have failed to comply with a scheme approved or made under paragraph 4 or 5. |
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(2) The Commission shall send a report of the investigation to-
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(a) the public authority concerned; |
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(b) the Secretary of State; and |
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(c) the complainant (if any). |
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(3) If a report recommends action by the public authority concerned and the Commission considers that the action is not taken within a reasonable time-
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(a) the Commission may refer the matter to the Secretary of State; and |
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(b) the Secretary of State may give directions to the public authority in respect of any matter referred to him. |
