|
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7 | Agency arrangements and provision of services |
| |
(1) | Arrangements may be made between the Authority and the bodies specified in |
| |
| |
(a) | any functions of the Board to be carried out by, or by members of staff |
| |
of, one of those bodies, or |
| 5 |
(b) | the provision by one of those bodies of administrative, professional or |
| |
technical services to the Board. |
| |
| |
(a) | the Commission for Racial Equality, |
| |
(b) | the Disability Rights Commission, and |
| 10 |
(c) | the Equal Opportunities Commission. |
| |
(3) | Arrangements under subsection (1)(a) shall not affect responsibility for the |
| |
carrying out of the Board’s functions. |
| |
| |
(1) | As soon as practicable after the end of each financial year, the Board shall |
| 15 |
prepare a report in respect of its activities during that financial year. |
| |
(2) | The Authority shall send each report under this section to— |
| |
(a) | the Lord Chancellor, and |
| |
(b) | the Secretary of State, |
| |
| as soon as practicable after the end of the period to which the report relates. |
| 20 |
(3) | The Lord Chancellor shall lay a copy of each report received by him under this |
| |
section before each House of Parliament. |
| |
(4) | In this section, “financial year” has the meaning given by paragraph 15(7) of |
| |
| |
9 | Duties in relation to carrying out functions |
| 25 |
(1) | The Board shall carry out its functions effectively, efficiently and economically. |
| |
(2) | In carrying out its functions, the Board must, so far as relevant, have regard to |
| |
the principles of best regulatory practice (including the principles under which |
| |
regulatory activities should be transparent, accountable, proportionate, |
| |
consistent and targeted only at cases in which action is needed). |
| 30 |
10 | Consequential amendments |
| |
Schedule 2 (which makes consequential amendments of other Acts) has effect. |
| |
Interpretative provisions |
| |
11 | Proceedings to which this Act applies and relevant preparatory activities |
| |
(1) | This Act applies to proceedings— |
| 35 |
(a) | before a tribunal in respect of a complaint under— |
| |
(i) | section 2 of the 1970 Act (disputes as to, and enforcement of, |
| |
requirement for equal treatment), |
| |
| |
| |
|
| |
| |
(ii) | section 63 of the 1975 Act (jurisdiction of employment |
| |
| |
(iii) | section 54 of the 1976 Act (jurisdiction of employment |
| |
| |
(iv) | section 17A of the 1995 Act (enforcement, remedies and |
| 5 |
| |
(v) | Regulation 28 of the Religion or Belief Regulations (jurisdiction |
| |
of employment tribunals), and |
| |
(vi) | Regulation 28 of the Sexual Orientation Regulations |
| |
(jurisdiction of employment tribunals); and |
| 10 |
(b) | on an appeal to the Appeal Tribunal arising from any decision of, or |
| |
arising in any proceedings before, a tribunal in respect of a matter |
| |
referred to in paragraph (a). |
| |
(2) | For the purposes of subsection (1)(a), “proceedings” before a tribunal includes |
| |
proceedings under a conciliation procedure prescribed under regulations |
| 15 |
made under section 19 of the 1996 Act (conciliation procedure). |
| |
(3) | In this Act, “relevant activities preparatory to proceedings to which this Act |
| |
| |
(a) | reaching a decision on whether to institute proceedings to which this |
| |
| 20 |
(b) | considering actions as an alternative to the institution of such |
| |
| |
12 | Meaning of “eligible complainant” |
| |
(1) | In this Act, “eligible complainant” means a person who meets each of the |
| |
conditions specified in subsections (2) to (5). |
| 25 |
(2) | The condition specified in this subsection is that the person is— |
| |
(a) | undertaking relevant activities preparatory to proceedings to which |
| |
this Act applies in which he would be the complainant, |
| |
(b) | making a complaint under one of the provisions specified in section |
| |
| 30 |
(c) | instituting or pursuing proceedings on an appeal to the Appeal |
| |
Tribunal arising from any decision of, or arising in any proceedings |
| |
before, a tribunal in respect of a matter referred to in paragraph (b). |
| |
(3) | The condition specified in this subsection is that the person is not— |
| |
(a) | making a complaint under one of the provisions specified in section |
| 35 |
| |
(b) | receiving assistance under a provision specified in subsection (6). |
| |
(4) | The condition specified in this subsection is that the person is not receiving |
| |
assistance from a trade union in making his complaint or instituting |
| |
| 40 |
(5) | The condition specified in this subsection is that the person has requested |
| |
representation or assistance or both. |
| |
(6) | The provisions specified in this subsection are— |
| |
(a) | section 75 of the 1975 Act (assistance by Equal Opportunities |
| |
| 45 |
| |
| |
|
| |
| |
(b) | section 66 of the 1976 Act (assistance by Commission for Racial |
| |
| |
(c) | section 7 of the 1999 Act (assistance in relation to proceedings by |
| |
Disability Rights Commission). |
| |
13 | Wider meaning of “assistance” |
| 5 |
For the purposes of this Act, the wider meaning of “assistance” may include— |
| |
| |
(b) | procuring or attempting to procure the settlement of any matter in |
| |
| |
(c) | arranging for the giving of advice or assistance by a solicitor, counsel or |
| 10 |
| |
(d) | arranging for representation by any person, including all such |
| |
assistance as is usually given by a solicitor, counsel or advocate in the |
| |
steps preliminary or incidental to any proceedings, or in arriving at or |
| |
giving effect to a compromise to avoid or bring to an end any |
| 15 |
| |
(e) | any other form of assistance which the body giving the assistance may |
| |
consider appropriate; and |
| |
| |
(i) | any deposit that may be required by a tribunal under regulations |
| 20 |
under section 9(2)(a) of the 1996 Act (pre-hearing reviews and |
| |
| |
(ii) | any costs or expenses that fall to be made under regulations under |
| |
section 13 of that Act (costs and expenses: tribunal), |
| |
(iii) | any costs or expenses that fall to be made under section 34 of that Act |
| 25 |
(costs and expenses: Appeal Tribunal), |
| |
(iv) | the reasonable costs of an eligible complainant in complying with any |
| |
order of a tribunal issued under rule 28 of Schedule 1 to the |
| |
Employment Tribunal Regulations other than a costs or expenses |
| |
| 30 |
(v) | the reasonable travel expenses of an eligible complainant for |
| |
attendance at proceedings of a tribunal or of the Appeal Tribunal in |
| |
respect of his complaint. |
| |
14 | General interpretation |
| |
| 35 |
“the 1970 Act” means the Equal Pay Act 1970 (c. 41); |
| |
“the 1975 Act” means the Sex Discrimination Act 1975 (c. 65); |
| |
“the 1976 Act” means the Race Relations Act 1976 (c. 74); |
| |
“the 1995 Act” means the Disability Discrimination Act 1995 (c. 50); |
| |
“the 1996 Act” means the Employment Tribunals Act 1996 (c. 17); |
| 40 |
“the 1999 Act” means the Disability Rights Commission Act 1999 (c. 17); |
| |
“accredited bodies” means bodies accredited in accordance with the |
| |
| |
“the Appeal Tribunal” means the Employment Appeal Tribunal provided |
| |
for under Part 2 of the 1996 Act; |
| 45 |
“assistance”, when used with its wider meaning, has the meaning given |
| |
| |
| |
| |
|
| |
| |
“the Board” means the Tribunal Representation and Assistance Board |
| |
established under section 1; |
| |
“the Commission for Racial Equality” has the meaning given by Part 7 of |
| |
| |
“designated areas” means areas designated in accordance with the |
| 5 |
provisions of section 5(8); |
| |
“the Disability Rights Commission” has the meaning given by the 1999 |
| |
| |
“eligible complainant” has the meaning given by section 12; |
| |
“the Employment Tribunal Regulations” means the Employment |
| 10 |
Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. |
| |
| |
“the Equal Opportunities Commission” has the meaning given by Part 6 |
| |
| |
“proceedings to which this Act applies” has the meaning given by section |
| 15 |
| |
“relevant activities preparatory to proceedings to which this Act applies” |
| |
has the meaning given by section 11(3); |
| |
“the Religion or Belief Regulations” means the Employment Equality |
| |
(Religion or Belief) Regulations 2003 (S.I. 2003/1660); |
| 20 |
“the Sexual Orientation Regulations” means the Employment Equality |
| |
(Sexual Orientation) Regulations 2003 (S.I. 2003/1661); |
| |
“tribunal” means an employment tribunal established under regulations |
| |
under section 1(1) of the 1996 Act (employment tribunals). |
| |
Miscellaneous and final provisions |
| 25 |
| |
There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by a Minister of the Crown in consequence of this |
| |
| |
(b) | any increase attributable to this Act in the sums payable out of money so |
| 30 |
provided under any other Act. |
| |
16 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Employment Tribunals (Representation and |
| |
Assistance in Discrimination Proceedings) Act 2005. |
| |
(2) | This Act shall come into force at the end of a period of two months beginning |
| 35 |
with the day on which this Act is passed. |
| |
(3) | Subject to the provisions of subsection (4), this Act does not extend to Northern |
| |
| |
(4) | Any amendment made by Schedule 2 has the same extent as the enactment to |
| |
| 40 |
| |
| |
|
