Equality Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Equality Bill

52
Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 1 — Constitution

Schedules
Schedule 1
Section 2

The Commission: Constitution, &c.
Part 1
Constitution
5
Membership
1     (1)
The Secretary of State shall appoint not less than 10 or more than 15
individuals as members of the Commission (to be known as
Commissioners).
      (2)
The chief executive of the Commission (appointed under paragraph 7
10
below) shall be a Commissioner ex officio.
2     (1)
In appointing Commissioners the Secretary of State shall have regard to the
desirability of their together having experience and knowledge relating to
the matters in respect of which the Commission has functions including, in
particular—
15
(a)
discrimination (whether on grounds of age, disability, gender,
gender reassignment, race, religion or belief, sexual orientation or
otherwise), and
(b)
human rights.
      (2)
The Secretary of State shall ensure that the Commission includes—
20
(a)
a Commissioner appointed under paragraph 1(1) who is (or has
been) a disabled person,
(b)
a Commissioner appointed under paragraph 1(1), with the consent
of the Scottish Ministers, who knows about conditions in Scotland,
and
25
(c)
a Commissioner appointed under paragraph 1(1), with the consent
of the National Assembly for Wales, who knows about conditions in
Wales.
      (3)
A person may not be appointed for the purpose of satisfying more than one
paragraph of sub-paragraph (2).
30
Tenure
3     (1)
A Commissioner shall hold and vacate office in accordance with the terms
of his appointment (subject to this Schedule).
      (2)
The appointment of a Commissioner must be expressed to be for a specified
period of not less than two years or more than five years.
35

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings
53

      (3)
A Commissioner whose period of membership has expired may be re-
appointed.
      (4)
A Commissioner may resign by notice in writing to the Secretary of State.
      (5)
The Secretary of State may dismiss a Commissioner who is, in the opinion of
the Secretary of State, unable, unfit or unwilling to perform his functions.
5
      (6)
This paragraph does not apply to the chief executive.
Chairman
4     (1)
The Secretary of State shall appoint—
(a)
a Commissioner as Chairman, and
(b)
one or more Commissioners as deputy Chairman.
10
      (2)
The Chairman shall—
(a)
preside over meetings of the Commission,
(b)
perform such functions as may be specified in the terms of his
appointment, and
(c)
perform such other functions as may be assigned to him by the
15
Commission.
      (3)
A deputy Chairman—
(a)
may act for the Chairman when he is unavailable, and
(b)
shall perform—
(i)
such functions as may be specified in the terms of his
20
appointment, and
(ii)
such other functions as the Chairman may delegate or assign
to him.
      (4)
The Chairman or a deputy Chairman—
(a)
shall vacate office if he ceases to be a Commissioner,
25
(b)
may resign by notice in writing to the Secretary of State, and
(c)
otherwise, shall hold and vacate office in accordance with the terms
of his appointment (and may be reappointed).
      (5)
If the Chairman resigns he shall cease to be a Commissioner (but he may be
reappointed as a Commissioner).
30
      (6)
The chief executive may not be appointed Chairman or deputy Chairman.
Part 2
Proceedings
Procedure
5
The Commission may regulate its own proceedings (subject to this
35
Schedule).
6     (1)
The Commission shall determine a quorum for its meetings.
      (2)
At least five Commissioners must participate in the process by which a
determination under sub-paragraph (1) is made.

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings
54

Staff
7     (1)
The Commission—
(a)
shall appoint a chief executive, and
(b)
may appoint other staff.
      (2)
A person may be appointed under sub-paragraph (1)(a) only with the
5
consent of the Secretary of State.
      (3)
An appointment may be made under sub-paragraph (1)(b) only if consistent
with arrangements determined by the Commission and approved by the
Secretary of State as to—
(a)
numbers, and
10
(b)
terms and conditions of appointment.
8
At the end of section 3(2) of the Employers’ Liability (Compulsory
Insurance) Act 1969 (c. 57) (exempt employers) add—

“; and
(c)
the Commission for Equality and Human Rights.”
15
Investigating Commissioners
9     (1)
The Commission may appoint one or more Investigating Commissioners.
      (2)
An Investigating Commissioner may be appointed only—
(a)
for the purpose of having delegated to him by the Commission the
function of taking action which is of a kind listed in sub-paragraph
20
(3) and which relates to a specified person, and
(b)
with the consent of the Secretary of State.
      (3)
The kinds of action referred to in sub-paragraph (2)(a) are—
(a)
carrying out an inquiry under section 17,
(b)
carrying out an investigation under section 22,
25
(c)
giving an unlawful act notice under section 23, and
(d)
entering into an agreement under section 25.
      (4)
An Investigating Commissioner is not a Commissioner; but paragraphs 3(1),
(4) and (5) and 33 apply to him as if he were (and with the substitution of
references to the Commission for references to the Secretary of State).
30
Delegation
10    (1)
The Commission may delegate a function—
(a)
to a Commissioner,
(b)
to staff, or
(c)
in accordance with paragraph 9, to an Investigating Commissioner.
35
      (2)
Paragraphs 15, 21, 22, 29, 30 and 52 make provision about delegation to
committees.
Committees
11    (1)
The Commission may establish one or more committees (to be known as
advisory committees) to advise—
40
(a)
the Commission, or

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings
55

(b)
an Investigating Commissioner.
      (2)
An advisory committee may include any of the following—
(a)
Commissioners;
(b)
staff;
(c)
other non-Commissioners.
5
12    (1)
The Commission may establish one or more committees to whom the
Commission may delegate functions (to be known as decision-making
committees).
      (2)
A decision-making committee may include any of the following—
(a)
Commissioners;
10
(b)
staff;
(c)
other non-Commissioners.
      (3)
The Commission shall ensure that the Chairman of each decision-making
committee is a Commissioner.
      (4)
In allocating its resources the Commission shall ensure that each decision-
15
making committee receives a share sufficient to enable it to exercise its
functions.
13
A member of a committee shall hold and vacate office in accordance with the
terms of his appointment by the Commission (which may include provision
for dismissal).
20
14
The Commission—
(a)
may, to any extent, regulate the proceedings of a committee (and
may, in particular, determine a quorum for meetings),
(b)
may, to any extent, permit a committee to regulate its own
proceedings (and may, in particular, enable a committee to
25
determine a quorum for meetings), and
(c)
may dissolve a committee.
15    (1)
The Commission may delegate a function to a decision-making committee.
      (2)
This paragraph is subject to paragraphs 21, 22, 29 and 30 and Part 5.
Scotland Committee
30
16    (1)
The Commission shall establish a decision-making committee to be known
as the Scotland Committee.
      (2)
The Commission shall ensure that the Scotland Committee is established
before sections 8 to 13 come into force.
17
The Commission shall appoint as the Chairman of the Scotland Committee
35
a Commissioner appointed for the purpose of satisfying paragraph 2(2)(b).
18
The Commission shall appoint each member of the Scotland Committee for
a period of not less than two years or more than 5 years, subject to the
possibilities of—
(a)
reappointment, and
40
(b)
dismissal in accordance with the terms of appointment.
19
The Scotland Committee shall advise the Commission about the exercise of
the Commission’s functions in so far as they affect Scotland.

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings
56

20
Before exercising a function in a manner which in the opinion of the
Commission is likely to affect persons in Scotland, the Commission shall
consult the Scotland Committee.
21    (1)
The power under section 14—
(a)
shall be treated by virtue of this paragraph as having been delegated
5
by the Commission to the Scotland Committee in so far as its
exercise, in the opinion of the Commission, affects Scotland, and
(b)
to that extent shall not be exercisable by the Commission.
      (2)
Sub-paragraph (1) shall not apply to the power under section 14 in so far as
it is treated as delegated to the Disability Committee in accordance with
10
paragraph 52.
      (3)
Sub-paragraph (1) shall not prevent the Commission from making
arrangements under section 14(1)(d) to make advice or guidance available to
persons anywhere in Great Britain.
22    (1)
The power under section 12(2)(c)—
15
(a)
shall be treated by virtue of this paragraph as having been delegated
by the Commission to the Scotland Committee in so far as it concerns
the giving of advice to devolved government about enactments
which, in the opinion of the Commission, affect only Scotland, and
(b)
to that extent shall not be exercisable by the Commission.
20
      (2)
The power under section 12(2)(d)—
(a)
shall be treated by virtue of this paragraph as having been delegated
by the Commission to the Scotland Committee in so far as it concerns
the giving of advice to devolved government about proposed
changes in the law which, in the opinion of the Commission, would
25
affect only Scotland, and
(b)
to that extent shall not be exercisable by the Commission.
23
In allocating its resources the Commission shall ensure that the Scotland
Committee receives a share sufficient to enable it to exercise its functions.
Wales Committee
30
24    (1)
The Commission shall establish a decision-making committee to be known
as the Wales Committee.
      (2)
The Commission shall ensure that the Wales Committee is established
before sections 8 to 13 come into force.
25
The Commission shall appoint as the Chairman of the Wales Committee a
35
Commissioner appointed for the purpose of satisfying paragraph 2(2)(c).
26
The Commission shall appoint each member of the Wales Committee for a
period of not less than two years or more than 5 years, subject to the
possibilities of—
(a)
reappointment, and
40
(b)
dismissal in accordance with the terms of appointment.
27
The Wales Committee shall advise the Commission about the exercise of its
functions in so far as they affect Wales.

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings
57

28
Before exercising a function in a manner which in the opinion of the
Commission is likely to affect persons in Wales, the Commission shall
consult the Wales Committee.
29    (1)
The power under section 14—
(a)
shall be treated by virtue of this paragraph as having been delegated
5
by the Commission to the Wales Committee in so far as its exercise,
in the opinion of the Commission, affects Wales, and
(b)
to that extent shall not be exercisable by the Commission.
      (2)
Sub-paragraph (1) does not apply to the power under section 14 in so far as
it is treated as delegated to the Disability Committee in accordance with
10
paragraph 52.
      (3)
Sub-paragraph (1) shall not prevent the Commission from making
arrangements under section 14(1)(d) to make advice or guidance available to
persons anywhere in Great Britain.
30    (1)
The power under section 12(2)(c)—
15
(a)
shall be treated by virtue of this paragraph as having been delegated
by the Commission to the Wales Committee in so far as it concerns
the giving of advice to devolved government about enactments
which, in the opinion of the Commission, affect only Wales, and
(b)
to that extent shall not be exercisable by the Commission.
20
      (2)
The power under section 12(2)(d)—
(a)
shall be treated by virtue of this paragraph as having been delegated
by the Commission to the Wales Committee in so far as it concerns
the giving of advice to devolved government about proposed
changes in the law which, in the opinion of the Commission, would
25
affect only Wales, and
(b)
to that extent shall not be exercisable by the Commission.
31
In allocating its resources the Commission shall ensure that the Wales
Committee receives a share sufficient to enable it to exercise its functions.
Annual report
30
32    (1)
The Commission shall for each financial year prepare a report on the
performance of its functions in that year (to be known as its annual report).
      (2)
An annual report shall, in particular, indicate in what manner and to what
extent the Commission’s performance of its functions has accorded to the
plan under section 4.
35
      (3)
The matters addressed by an annual report shall, in particular, include the
Commission’s activities in relation to—
(a)
Scotland, and
(b)
Wales.
      (4)
The Commission shall send each annual report to the Secretary of State
40
within such period, beginning with the end of the financial year to which the
report relates, as he may specify.
      (5)
The Secretary of State shall lay before Parliament a copy of each annual
report received under sub-paragraph (4).

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 3 — Money
58

      (6)
The Commission shall send a copy of each annual report to—
(a)
the Scottish Parliament, and
(b)
the National Assembly for Wales.
Savings
33
The validity of proceedings of the Commission shall not be affected by—
5
(a)
a vacancy (whether for Commissioner, Chairman, deputy Chairman
or chief executive), or
(b)
a defect in relation to an appointment.
34
The validity of proceedings of a committee of the Commission shall not be
affected by—
10
(a)
a vacancy (including a vacancy in the office of Chairman), or
(b)
a defect in relation to an appointment (including a defect in relation
to the office of Chairman).
Part 3
Money
15
Remuneration, &c.
35    (1)
The Commission may pay to the Chairman, a deputy Chairman or another
Commissioner—
(a)
such remuneration as the Secretary of State may determine, and
(b)
such travelling and other allowances as the Secretary of State may
20
determine.
      (2)
The Commission may pay to or in respect of the Chairman, a deputy
Chairman or another Commissioner such sums as the Secretary of State may
determine by way of, or in respect of, pensions, allowances or gratuities.
      (3)
If the Secretary of State thinks that there are special circumstances that make
25
it right for a person ceasing to hold office as Chairman, deputy Chairman or
Commissioner to receive compensation, the Commission may pay to him
such compensation as the Secretary of State may determine.
      (4)
This paragraph does not apply to the Chief Executive.
36    (1)
The Commission may pay sums to or in respect of a member or former
30
member of staff by way of or in respect of—
(a)
remuneration,
(b)
allowances,
(c)
pensions,
(d)
gratuities, or
35
(e)
compensation for loss of employment.
      (2)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which
superannuation schemes may extend) in the list of other bodies insert at the
appropriate place—
(a)
“The Commission for Equality and Human Rights.”
40
      (3)
The Commission shall pay to the Minister for the Civil Service such sums as
he may determine in respect of any increase attributable to sub-paragraph