Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill

House of Commons

Session 2004 - 05
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Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill

Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
Schedule 1 — Constitution, etc., of the Board
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Schedules
Schedule 1
Section 1

Constitution, etc., of the Board
Status
1     (1)
The Board is a body corporate.
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      (2)
The Board is not the servant or agent of the Crown, it does not enjoy any
status, immunity or privilege of the Crown and its property is not to be
regarded as property of or as held on behalf of the Crown.
Membership
2     (1)
The Board shall consist of members appointed in accordance with the
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provisions of this paragraph.
      (2)
Each of the following shall appoint one member of the Board from amongst
its members—
(a)
the Commission for Racial Equality,
(b)
the Disability Rights Commission, and
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(c)
the Equal Opportunities Commission.
      (3)
The bodies specified in sub-paragraph (2) shall exercise their powers of
appointment under this section so as to secure that, at any time, at least one
of the members of the Board appointed by them is a disabled person or a
person who has a disability.
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      (4)
Three members of the Board shall be chosen by the Commissioner for Public
Appointments on merit from amongst ten persons whose names have been
chosen by lot from amongst persons who have—
(a)
brought proceedings to which this Act applies, and
(b)
applied for membership of the Board.
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      (5)
Five members of the Board shall be chosen by the members of the Board
appointed in accordance with the preceding provisions of this paragraph
from amongst persons applying for membership and participating in a
public recruitment exercise overseen at all stages by the Commissioner for
Public Appointments.
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3
The Chairman of the Board shall be elected by the Board from amongst its
members.
Disqualification
4     (1)
A person is disqualified for being appointed as chairman or other member
of the Board if—
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Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
Schedule 1 — Constitution, etc., of the Board
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(a)
he is the subject of a bankruptcy restrictions order or interim order,
(b)
a bankruptcy order has been made against him by a court in
Northern Ireland, his estate has been sequestrated by a court in
Scotland or, under the law of Northern Ireland or Scotland, he has
made a composition or arrangement with, or granted a trust deed
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for, his creditors, or
(c)
in the last five years he has been convicted in the United Kingdom,
the Channel Islands or the Isle of Man of an offence and has had a
qualifying sentence passed on him.
      (2)
Where a person is disqualified under sub-paragraph (1)(b) because a
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bankruptcy order has been made against him or his estate has been
sequestrated, the disqualification shall cease—
(a)
on his obtaining a discharge, or
(b)
if the bankruptcy order is annulled or the sequestration of his estate
is recalled or reduced, on the date of that event.
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      (3)
Where a person is disqualified under sub-paragraph (1)(b) because of his
having made a composition or arrangement with, or granted a trust deed
for, his creditors, the disqualification shall cease—
(a)
at the end of the period of five years beginning with the date on
which the terms of the deed of composition or arrangement or trust
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deed are fulfilled, or
(b)
if, before then, he pays his debts in full, on the date on which the
payment is completed.
      (4)
For the purposes of sub-paragraph (1)(c), the date of conviction shall be
taken to be the ordinary date on which the period allowed for making an
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appeal or application expires or, if an appeal or application is made, the date
on which the appeal or application is finally disposed of or abandoned or
fails by reason of its non-prosecution.
      (5)
In sub-paragraph (1)(c), the reference to a qualifying sentence is to a sentence
of imprisonment for a period of not less than three months (whether
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suspended or not) without the option of a fine.
Tenure of office
5
Subject to the provisions of paragraphs 6 to 8, the members of the Board shall
hold office for a period of four years.
6
A person holding office as a member of the Board may resign that office by
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giving notice in writing to the Chairman of the Board or, if that person is the
Chairman, to another member of the Board designated by the Board for that
purpose.
7
A person holding office as a member of the Board shall cease to hold that
office if he ceases to be qualified for appointment to it by reason of
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paragraph 4.
8
A person holding office as a member of the Board may be removed from
office by a decision of the Board if the Board is satisfied that the member of
the Board concerned—
(a)
has been absent from meetings of the Board for six consecutive
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months, or longer, without the permission of the Board, or
(b)
is unable or unfit to carry out his functions as a member of the Board.

Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
Schedule 1 — Constitution, etc., of the Board
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9     (1)
The chairman shall be elected for a period of three years.
      (2)
A person may be elected on more than one occasion to the position of
chairman, but may not be elected for more than two successive periods of
three years.
      (3)
A person may be removed from office as chairman by a decision of the Board
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if he is unable or unfit to carry out his functions as chairman.
Remuneration, pensions etc. of members
10    (1)
The Board may pay to the chairman or any of the other members of the Board such
remuneration as the Lord Chancellor may determine.
      (2)
The Board may pay, or make provision for paying, to or in respect of the chairman
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or any of the other members of the Board such pensions, allowances, fees, expenses
or gratuities as the Lord Chancellor may determine.
      (3)
The Board may make a payment to a person who ceases to hold office as chairman or
other member of the Board otherwise than on the expiry of his term of office if it
appears to the Lord Chancellor that there are special circumstances which make it
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right for that person to receive compensation.
      (4)
A payment under sub-paragraph (3) shall be of such amount as the Lord Chancellor
may determine.
Staff
11
The Board may appoint such staff as it considers appropriate, on such terms and
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conditions as it may determine.
Proceedings
12
Subject to any provision of this Act, the Board may regulate its own
procedure (including quorum).
13
The validity of any proceedings of the Board shall not be affected by—
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(a)
any vacancy in the office of—
(i)
chairman,
(ii)
a member to be appointed by a particular provision of
paragraph 2,
(b)
any defect in a person’s appointment as chairman or other member,
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or
(c)
the composition for the time being of the membership of the Board.
Members’ interests
14    (1)
The Board shall establish and maintain a system for the declaration and
registration of private interests of its members.
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      (2)
The Board shall publish entries recorded in the register of members’
interests.
Accounts and audit
15    (1)
The Board shall keep proper accounts and proper records in relation to its
accounts.
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Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
Schedule 1 — Constitution, etc., of the Board
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      (2)
The Board shall prepare a statement of accounts in respect of each of its
financial years.
      (3)
Any such statement of accounts must comply with any directions given by
the Lord Chancellor with the approval of the Treasury as to—
(a)
the information to be contained in the statement,
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(b)
the manner in which that information is to be presented, and
(c)
the methods and principles according to which the statement is to be
prepared.
      (4)
The Board shall send a copy of each statement of accounts required by sub-
paragraph (2) to—
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(a)
the Lord Chancellor,
(b)
the Secretary of State, and
(c)
the Comptroller and Auditor General,

before the end of such period after the end of the financial year to which the
statement relates as the Lord Chancellor may specify by notice given to the
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Board.
      (5)
The Comptroller and Auditor General shall—
(a)
examine, certify and report on each statement of accounts received
by him under sub-paragraph (4)(c), and
(b)
lay a copy of each such statement of accounts, and of his report on it,
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before each House of Parliament.
      (6)
The power under sub-paragraph (3) to give directions includes power to
vary or revoke directions given in previous exercise of the power.
      (7)
In this paragraph, “financial year” means—
(a)
the period beginning with the date on which the Board is established
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and ending with the next 31st March, and
(b)
each successive period of 12 months ending with 31st March.
Instruments
16
The application of the seal of the Board shall be authenticated by the
signature of any member of the Board or of any other person who has been
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authorised for the purpose by the Board, whether generally or specially.
17
A document purporting—
(a)
to be duly executed under the seal of the Board, or
(b)
to be signed on its behalf,

shall be received in evidence and be taken, without further proof, to be so
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executed or signed unless the contrary is shown.
Supplementary powers
18
The Board may do anything which is calculated to facilitate, or is conducive
or incidental to, the carrying out of its functions, but may not borrow money.
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The Board may delegate any of its functions (to such extent as it may
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determine)—
(a)
to any member of the Board,
(b)
to any member of staff of the Board, or
(c)
to a committee consisting of persons each of whom is—

Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
Schedule 2 — Consequential amendments
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(i)
a member of the Board, or
(ii)
a member of the staff of the Board.
Schedule 2
Section 10

Consequential amendments
Public records
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1
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
records), in Part 2 of the Table at the end of paragraph 3, at the appropriate
place, insert the following entry—
“Tribunal Representation and Assistance Board.”
Investigation by Parliamentary Commissioner
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2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments and authorities subject to investigation), at the appropriate
place, insert the following entry—
“Tribunal Representation and Assistance Board.”
House of Commons Disqualification
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3
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (bodies of which all members are disqualified), at the appropriate
place, insert the following entry—
“Tribunal Representation and Assistance Board.”
Northern Ireland Assembly Disqualification
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4
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (bodies of which all members are disqualified), at the
appropriate place, insert the following entry—
“Tribunal Representation and Assistance Board.”
Race relations: general statutory duty
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5
In Schedule 1A to the 1976 Act (bodies subject to general statutory duty),
under the heading “Other Bodies, Etc”, at the appropriate place, insert the
following entry—
“The Tribunal Representation and Assistance Board.”
Freedom of Information
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6
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public
authorities), at the appropriate place, insert the following entry—
“Tribunal Representation and Assistance Board.”
Bankruptcy
7     (1)
Paragraphs 4(1)(b), (2) and (3) of Schedule 1 shall be taken to be within the
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definition of “provision” in section 268 of the Enterprise Act 2002 (c. 40)

Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
Schedule 2 — Consequential amendments
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(power to remove bankruptcy disqualifications under pre-8th November
2002 provisions or extend them to, or replace them with disqualifications of,
persons subject to bankruptcy restrictions regimes).
      (2)
In its application by virtue of sub-paragraph (1), section 268 of the Enterprise
Act 2002 (c. 40) shall have effect with the following modifications—
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(a)
subsections (5)(d), (6) to (8) and (15) (power to make application of
disqualification provision subject to person’s discretion) are omitted,
and
(b)
for subsection (13) (order under section to be made by statutory
instrument after parliamentary approval of a draft) there is
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substituted—
“(13)
An order under this section—
(a)
must be made by statutory instrument,
(b)
shall be subject to annulment in pursuance of a
resolution of either House of Parliament.”
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