Equality Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 3 — Public Functions: Sex Discrimination
47

76A (inserted by section 82 above)—
“76B
Specific duties
(1)
The Secretary of State may by order impose on a person to whom the
duty in section 76A(1) applies, or in so far as that duty applies to a
person, a duty which the Secretary of State thinks will ensure better
5
performance of the duty under section 76A(1).
(2)
Before making an order under subsection (1) the Secretary of State shall
consult the Commission.
(3)
The Secretary of State—
(a)
must consult the National Assembly for Wales before making
10
an order under subsection (1) in respect of a person exercising
functions in relation to Wales, and
(b)
may not, without the consent of the National Assembly for
Wales, make an order under subsection (1) in respect of a
person all of whose functions are public functions in relation to
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Wales.
(4)
A failure in respect of performance of a duty imposed under subsection
(1) does not confer a cause of action at private law.
76C
Specific duties: Scotland
(1)
Section 76B(1) shall not apply in relation to a person who is a relevant
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Scottish authority or a cross-border authority.
(2)
The Secretary of State may by order impose on a cross-border authority
to whom the duty under section 76A(1) applies, or in so far as that duty
applies to the cross-border authority, a duty which the Secretary of
State thinks will ensure better performance of the duty under section
25
76A(1), to the extent that the cross-border authority’s functions are not
Scottish functions.
(3)
The Scottish Ministers may by order impose on a relevant Scottish
authority to whom the duty under section 76A(1) applies, or in so far as
that duty applies to the relevant Scottish authority, a duty which the
30
Scottish Ministers think will ensure better performance of the duty
under section 76A(1).
(4)
The Scottish Ministers may by order impose on a cross-border
authority to whom the duty under section 76A(1) applies, or in so far as
that duty applies to the cross-border authority, a duty which the
35
Scottish Ministers think will ensure better performance of the duty
under section 76A(1), to the extent that the cross-border authority’s
functions are Scottish functions.
(5)
Before making an order under any of subsections (2) to (4) the person
making the order shall consult the Commission.
40
(6)
Before making an order under subsection (2) the Secretary of State shall
consult the Scottish Ministers.
(7)
Before making an order under subsection (4) the Scottish Ministers
shall consult the Secretary of State.

Equality Bill
Part 3 — Public Functions: Sex Discrimination
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(8)
A failure in respect of performance of a duty imposed under this
section does not confer a cause of action at private law.
(9)
In this section—
“relevant Scottish authority” means—
(a)
a member of the Scottish Executive or a junior Scottish
5
Minister,
(b)
the Registrar General of Births, Deaths and Marriages
for Scotland, the Keeper of the Registers of Scotland or
the Keeper of the Records of Scotland,
(c)
an office of a description specified in an Order in
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Council under section 126(8)(b) of the Scotland Act 1998
(c. 46) (other non-ministerial offices in the Scottish
Administration), or
(d)
a public body, public office or holder of a public office—
(i)
which is not a cross-border authority or the
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Scottish Parliamentary Corporate Body,
(ii)
whose functions are exercisable only in or as
regards Scotland, and
(iii)
some at least of whose functions do not relate to
reserved matters (within the meaning of the
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Scotland Act 1998),
“cross-border authority” means a cross-border public authority
within the meaning given by section 88(5) of the Scotland Act
1998, and
“Scottish functions” means functions which are exercisable in or as
25
regards Scotland and which do not relate to reserved matters
(within the meaning of the Scotland Act 1998).
76D
Specific duties: enforcement
(1)
This section applies where the Commission thinks that a person has
failed to comply with a duty imposed under section 76B or 76C.
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(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 the date on which he receives the notice, written
information of steps taken for the purpose of complying with
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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.

Equality Bill
Part 3 — Public Functions: Sex Discrimination
49

(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 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.”
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(2)
In section 81 of the Sex Discrimination Act 1975 (c. 65) (orders) after subsection
(2B) (inserted by section 82 above) insert—
“(2C)
An order under section 76C(3) or (4) is subject to annulment in
pursuance of a resolution of the Scottish Parliament.”
84
Codes of practice
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In the Sex Discrimination Act 1975 the following shall be inserted after section
76D (inserted by section 83 above)—
“76E
Codes of practice
(1)
The Commission may issue a code of practice about the performance
of—
15
(a)
the duty under section 76A(1), or
(b)
a duty imposed under section 76B or 76C.
(2)
The Commission shall comply with a direction of the Secretary of State
to issue a code under subsection (1) in respect of a specified matter.
(3)
Section 56A(2) to (11) shall apply to a code under this section as to a
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code under that section.
(4)
The Secretary of State shall consult the Scottish Ministers and the
National Assembly for Wales before—
(a)
approving a draft under section 56A(4)(a) as applied by
subsection (3) above, or
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(b)
making an order under section 56A(7) as applied by subsection
(3) above.”
85
National security
(1)
In the Sex Discrimination Act 1975 the following shall be inserted after section
66A (burden of proof in county and sheriff courts)—
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“66B
National security
(1)
Rules of court may make provision for enabling a county court or
sheriff court in which a claim is brought under section 66(1), where the
court considers it expedient in the interests of national security—
(a)
to exclude from all or part of the proceedings—
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(i)
the claimant;
(ii)
the claimant’s representatives;
(iii)
any assessors;
(b)
to permit a claimant or representative who has been excluded to
make a statement to the court before the commencement of the
40
proceedings, or the part of the proceedings, from which he is
excluded;

Equality Bill
Part 4 — General
50

(c)
to take steps to keep secret all or part of the reasons for the
court’s decision in the proceedings.
(2)
The Attorney General or, in Scotland, the Advocate General for
Scotland, may appoint a person to represent the interests of a claimant
in, or in any part of, proceedings from which the claimant or his
5
representatives are excluded by virtue of subsection (1).
(3)
A person may be appointed under subsection (2) only—
(a)
in relation to proceedings in England and Wales, if he has a
general qualification (within the meaning of section 71 of the
Courts and Legal Services Act 1990 (c. 41)), or
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(b)
in relation to proceedings in Scotland, if he is—
(i)
an advocate, or
(ii)
a solicitor who by virtue of section 25A of the Solicitors
(Scotland) Act 1980 (c. 46) has rights of audience in the
Court of Session or the High Court of Justiciary.
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(4)
A person appointed under subsection (2) shall not be responsible to the
person whose interests he is appointed to represent.”
(2)
In section 67A(2) of the Race Relations Act 1976 (c. 74) (national security) for
“the claimant and his representatives” substitute “the claimant or his
representatives”.
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Part 4
General
86
Repeals
The enactments listed in Schedule 4 are hereby repealed to the extent specified.
87
Crown application
25
This Act applies (except as is otherwise expressly provided) to—
(a)
Ministers of the Crown,
(b)
government departments,
(c)
office-holders in the Scottish Administration (within the meaning of
section 126(7) of the Scotland Act 1998 (c. 46), and
30
(d)
other agents of the Crown.
88
Money
Any expenditure incurred by a Minister of the Crown in connection with this Act shall
be paid out of money provided by Parliament.
89
Commencement
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(1)
The preceding provisions of this Act, except for sections 43 and 44, shall come
into force in accordance with provision made by the Secretary of State by order.
(2)
An order under subsection (1)—
(a)
shall be made by statutory instrument,

Equality Bill
Part 4 — General
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(b)
may make provision generally or only for a specified purpose,
(c)
may make different provision for different purposes, and
(d)
may include transitional provisions and savings.
90
Extent
(1)
This Act extends only to—
5
(a)
England and Wales, and
(b)
Scotland.
(2)
But an amendment of an enactment by this Act shall have the same extent as
the enactment amended (or as the relevant part of the enactment amended).
91
Short title
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This Act may be cited as the Equality Act 2005.