Equality Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 1 — The Commission for Equality and Human Rights
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(6)
The Commission may apply to the sheriff (in Scotland) for an interdict
prohibiting a person from doing an act to which this section applies where—
(a)
either—
(i)
a tribunal or the sheriff has determined under subsection (4)
that the person has done an act to which this section applies, or
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(ii)
the Commission thinks that the person has done an act to which
this section applies, and
(b)
the Commission thinks that without an interdict the person is likely to
do another act to which this section applies.
(7)
Subsection (1) does not apply to an act which constitutes an offence.
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Section 27: supplemental
(1)
A complaint or application under section 27(3) may be presented or made
only—
(a)
within the period of six months beginning with the date (or last date)
on which the alleged unlawful act occurred, or
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(b)
with the permission of the tribunal, court or sheriff.
(2)
A determination under section 27(4) shall not be relied upon by a county court
or the sheriff in proceedings under section 27(5) or (6) while an appeal against
the determination—
(a)
is pending, or
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(b)
may be brought (disregarding the possibility of an appeal out of time
with permission).
(3)
An application under section 27(5) or (6) may be made only—
(a)
within the period of five years beginning with the date (or last date) on
which the unlawful act referred to in that subsection occurred, or
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(b)
with the permission of the court or sheriff.
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Conciliation
(1)
The Commission may make arrangements for the provision of conciliation
services for disputes in respect of which proceedings have been or could be
brought under or by virtue of—
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(a)
section 66 of the Sex Discrimination Act 1975 (c. 65) (civil proceedings),
(b)
section 57 of the Race Relations Act 1976 (c. 74) (civil proceedings),
(c)
section 25, 28I, 28N, 28V or 31AE(1) of the Disability Discrimination Act
1995 (c. 50) (civil proceedings),
(d)
section 67 below,
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(e)
regulation 31 of the Employment Equality (Religion or Belief)
Regulations 2003 (civil proceedings), or
(f)
regulation 31 of the Employment Equality (Sexual Orientation)
Regulations 2003 (civil proceedings).
(2)
The Commission shall aim to exercise the power in subsection (1) so as to
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ensure that, so far as is reasonably practicable, conciliation services are
available to parties who want them.
(3)
Information communicated to a person providing conciliation services in
accordance with arrangements under this section may not be adduced in legal

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Part 1 — The Commission for Equality and Human Rights
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proceedings without the consent of the person who communicated the
information.
(4)
None of the following shall participate in the provision of conciliation services
for which arrangements are made under this section—
(a)
a Commissioner,
5
(b)
a member of the Commission’s staff,
(c)
a member of a committee established by the Commission, and
(d)
an Investigating Commissioner.
(5)
The Commission shall make administrative arrangements designed to secure
that information in connection with conciliation services provided in
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accordance with arrangements made under this section is not disclosed to—
(a)
a Commissioner, or
(b)
a member of the Commission’s staff.
(6)
But subsection (5) shall not apply to a disclosure—
(a)
made with the consent of the parties to the dispute to which it relates,
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(b)
which does not identify individuals or enable them to be identified, or
(c)
of information without which arrangements under this section cannot
be made.
(7)
In this section “conciliation services” means a service which is provided—
(a)
by a person who is not party to a dispute,
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(b)
to the parties to the dispute, and
(c)
with the aim of enabling the dispute to be settled by agreement and
without legal proceedings.
(8)
The Secretary of State may by order amend the list in subsection (1) so as to—
(a)
add an entry,
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(b)
remove an entry, or
(c)
vary an entry.
30
Legal assistance
(1)
The Commission may assist an individual who is or may become party to legal
proceedings if—
30
(a)
the proceedings relate or may relate (wholly or partly) to a provision of
the equality enactments, and
(b)
the individual alleges that he has been the victim of behaviour contrary
to a provision of the equality enactments.
(2)
In giving assistance under this section the Commission may provide or arrange
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for the provision of—
(a)
legal advice;
(b)
legal representation;
(c)
facilities for the settlement of a dispute;
(d)
any other form of assistance.
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(3)
Assistance may not be given under this section in relation to alleged behaviour
contrary to a provision of Part V of the Disability Discrimination Act 1995
(c. 50) (public transport).

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Part 1 — The Commission for Equality and Human Rights
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(4)
Where proceedings relate or may relate partly to a provision of the equality
enactments and partly to other matters—
(a)
assistance may be given under this section in respect of any aspect of
the proceedings while any provision of the equality enactments
continues to be in issue, but
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(b)
if there ceases to be any provision of the equality enactments in issue,
assistance may not be continued in respect of the proceedings (except
in so far as it is permitted by virtue of subsection (5) or (6)).
(5)
The Lord Chancellor may by order disapply subsection (4)(b), and enable the
Commission to give assistance under this section, in respect of legal
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proceedings which—
(a)
when instituted, relied both on a provision of the equality enactments
and on section 7(1) of the Human Rights Act 1998 (c. 42) (proceedings
in respect of action by public authority incompatible with Convention
rights), and
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(b)
have ceased to rely on the provision of the equality enactments.
(6)
The Secretary of State may by order enable the Commission to give assistance
under this section in respect of legal proceedings in the course of which an
individual who is or has been a disabled person relies or proposes to rely on a
matter relating to his disability.
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(7)
An order under subsection (5) or (6) may make provision generally or only in
relation to proceedings of a specified kind or description (which may, in
particular, refer to specified provisions of the equality enactments) or in
relation to specified circumstances.
(8)
This section is without prejudice to the effect of any restriction imposed, in
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respect of representation—
(a)
by virtue of an enactment (including an enactment in or under an Act
of the Scottish Parliament), or
(b)
in accordance with the practice of a court.
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Legal assistance: costs
30
(1)
This section applies where—
(a)
the Commission has assisted an individual under section 30 in relation
to proceedings, and
(b)
the individual becomes entitled to some or all of his costs in the
proceedings (whether by virtue of an award or by virtue of an
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agreement).
(2)
The Commission’s expenses in providing the assistance—
(a)
shall be charged on sums paid to the individual by way of costs, and
(b)
may be enforced as a debt due to the Commission.
(3)
A requirement to pay money to the Commission under subsection (2) ranks—
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(a)
in England and Wales, after a requirement imposed by virtue of section
11(4)(f) of the Access to Justice Act 1999 (c. 22) (recovery of costs in
funded cases), and
(b)
in Scotland, after any sum of money payable to the Scottish Legal Aid
Board under section 17(2A) of the Legal Aid (Scotland) Act 1986 (c.47)
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(recovery of expenses in favour of legally assisted person).

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Part 1 — The Commission for Equality and Human Rights
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(4)
For the purposes of subsection (2) the Commission’s expenses shall be
calculated in accordance with such provision (if any) as the Secretary of State
makes for the purpose by regulations; and regulations may, in particular,
provide for the apportionment of expenditure incurred by the Commission—
(a)
partly for one purpose and partly for another, or
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(b)
for general purposes.
(5)
In the application of this section to Scotland a reference to costs shall be taken
as a reference to expenses.
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Judicial review and other legal proceedings
(1)
The Commission shall have capacity to institute or intervene in legal
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proceedings, whether for judicial review or otherwise, if it appears to the
Commission that the proceedings are relevant to a matter in connection with
which the Commission has a function.
(2)
The Commission shall be taken to have title and interest in relation to the
subject matter of any legal proceedings in Scotland which it has capacity to
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institute, or in which it has capacity to intervene, by virtue of subsection (1).
(3)
Subsections (1) and (2)—
(a)
do not create a cause of action,
(b)
are subject to any limitation or restriction imposed by virtue of an
enactment (including an enactment in or under an Act of the Scottish
20
Parliament) or in accordance with the practice of a court, and
(c)
in particular, are without prejudice to the effect of any restriction in
section 7 of the Human Rights Act 1998 (c. 42).
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Public sector duties: assessment
(1)
The Commission may assess the extent to which or the manner in which a
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person has complied with a duty under or by virtue of—
(a)
section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65)
(public authorities duty to eliminate discrimination, &c.),
(b)
section 71 of the Race Relations Act 1976 (c. 74) (public authorities duty
to eliminate discrimination, &c.), or
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(c)
section 49A or 49D of the Disability Discrimination Act 1995 (c. 50)
(public authorities duty to eliminate discrimination, &c.).
(2)
The Commission shall assess a matter specified in subsection (1) if directed to
do so by the Secretary of State.
(3)
Schedule 2 makes supplemental provision about assessments.
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(4)
This section is without prejudice to the generality of sections 17 and 22.
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Public sector duties: compliance notice
(1)
This section applies where the Commission thinks that a person has failed to
comply with a duty under or by virtue of —
(a)
section 76A or 76B of the Sex Discrimination Act 1975 (public
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authorities duty to eliminate discrimination, &c.),
(b)
section 71 of the Race Relations Act 1976 (public authorities duty to
eliminate discrimination, &c.), or

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Part 1 — The Commission for Equality and Human Rights
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(c)
section 49A or 49D of the Disability Discrimination Act 1995 (c. 50)
(public authorities duty to eliminate discrimination, &c.).
(2)
The Commission may give the person a notice requiring him—
(a)
to comply with the duty, and
(b)
to give the Commission, within the period of 28 days beginning with
5
the date on which he receives the notice, written information of steps
taken for the purpose of complying with the duty.
(3)
A notice under this section may require a person to give the Commission
information required by the Commission for the purposes of assessing
compliance with the duty; in which case the notice shall specify—
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(a)
the period within which the information is to be given (which shall
begin with the date on which the notice is received and shall not exceed
three months), and
(b)
the manner and form in which the information is to be given.
(4)
A person who receives a notice under this section shall comply with it.
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(5)
But a notice under this section shall not oblige a person to give information that
he could not be compelled to give in proceedings before the High Court or the
Court of Session.
(6)
If the Commission thinks that a person, to whom a notice under this section has
been given, has failed to comply with a requirement of the notice, the
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Commission may apply to a county court (in England and Wales) or to the
sheriff (in Scotland) for an order requiring the person to comply.
Interpretation
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Equality and human rights enactments
(1)
In this Part “the equality enactments” means—
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(a)
the Equal Pay Act 1970 (c. 41),
(b)
the Sex Discrimination Act 1975 (c. 65),
(c)
the Race Relations Act 1976 (c. 74),
(d)
the Disability Discrimination Act 1995,
(e)
Part 2 of this Act,
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(f)
the Employment Equality (Sexual Orientation) Regulations 2003 (S.I.
2003/1661), and
(g)
the Employment Equality (Religion or Belief) Regulations 2003 (S.I.
2003/1660).
(2)
In this Part “the equality and human rights enactments” means the equality
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enactments and the Human Rights Act 1998 (c. 42).
(3)
The Secretary of State may by order amend the list in subsection (1) so as to—
(a)
add an entry,
(b)
remove an entry, or
(c)
vary an entry.
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