Equality Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 3 — Amendments Consequential on Part 1
66

Adjournment, &c.
15
The Commission may abort or adjourn an inquiry, investigation or
assessment conducted in pursuance of a requirement of the Secretary of
State only with his consent.
Reports
5
16    (1)
The Commission shall prepare a report of its findings on an inquiry,
investigation or assessment.
      (2)
In the case of an inquiry or investigation directed by the Secretary of State—
(a)
the Commission shall send the report to the Secretary of State, and
(b)
the Secretary of State shall publish it.
10
      (3)
In any other case, the Commission shall publish the report.
Recommendations
17    (1)
The Commission may make recommendations—
(a)
as part of a report of an inquiry, investigation or assessment under
paragraph 16, or
15
(b)
in respect of a matter arising in the course of an inquiry, investigation
or assessment.
      (2)
A recommendation may be addressed to any class of person.
Effect of report
18    (1)
A court or tribunal—
20
(a)
may have regard to a finding of the report of an inquiry,
investigation or assessment, but
(b)
shall not treat it as conclusive.
19
A person to whom a recommendation in the report of an inquiry,
investigation or assessment is addressed shall have regard to it.
25
Courts and tribunals
20
An inquiry, investigation or assessment may not question (whether
expressly or by necessary implication) the findings of a court or tribunal.
Schedule 3
Section 86

Amendments Consequential on Part 1
30
Sex Discrimination Act 1975 (c. 65)
1
The Sex Discrimination Act 1975 shall be amended as follows.
2
In section 37(3) (discriminatory practices) for “sections 67 to 71 of this Act”
substitute “sections 22 to 26 of the Equality Act 2005”.

Equality Bill
Schedule 3 — Amendments Consequential on Part 1
67

3
At the end of section 38 (discriminatory advertisements) add—
“(6)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
(b)
in accordance with section 27 of the Equality Act 2005.”
5
4
At the end of section 39 (instructions to discriminate (which becomes
subsection (1))) add—
“(2)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
10
(b)
in accordance with section 27 of the Equality Act 2005.”
5
At the end of section 40 (pressure to discriminate) add—
“(3)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
15
(b)
in accordance with section 27 of the Equality Act 2005.”
6
Part VI (the Equal Opportunities Commission) shall cease to have effect.
7
Sections 67 to 73 (enforcement) shall cease to have effect.
8
Section 75 (assistance by Equal Opportunities Commission) shall cease to
have effect.
20
9     (1)
Section 76 (timing of proceedings) shall be amended as follows.
      (2)
After subsection (2B) insert—
“(2C)
The period allowed by subsection (2)(a) or (b) shall be extended by
three months in the case of a dispute which is referred for
conciliation in pursuance of arrangements under section 29 of the
25
Equality Act 2005.”
      (3)
Subsections (3) to (5) shall cease to have effect.
10
Section 76D (public authorities: enforcement) (inserted by section 83 of this
Act) shall cease to have effect.
11
Section 76E (codes of practice) (inserted by section 84 of this Act) shall cease
30
to have effect.
12
In section 82(1) (interpretation) in the definition of “the Commission”, for
“Equal Opportunities Commission” substitute “Commission for Equality
and Human Rights”.
13
In Schedule 2 (education admissions: transitional exemption)—
35
(a)
in paragraph 5(1) for “Equal Opportunities Commission set up
under Part VI” substitute “the Commission”, and
(b)
in paragraph 6 for “Equal Opportunities Commission” substitute
“the Commission”.
14
Schedule 3 (Equal Opportunities Commission) shall cease to have effect.
40

Equality Bill
Schedule 3 — Amendments Consequential on Part 1
68

Race Relations Act 1976 (c. 74)
15
The Race Relations Act 1976 shall be amended as follows.
16
In section 28(3) (discriminatory practices), for “sections 58 to 62” substitute
“sections 22 to 26 of the Equality Act 2005”.
17
At the end of section 29 (discriminatory advertisements) add—
5
“(6)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
(b)
in accordance with section 27 of the Equality Act 2005.”
18
At the end of section 30 (instructions to discriminate, &c. (which becomes
10
subsection (1))) add—
“(2)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
(b)
in accordance with section 27 of the Equality Act 2005.”
15
19
At the end of section 31 (pressure to discriminate, &c.) add—
“(3)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
(b)
in accordance with section 27 of the Equality Act 2005.”
20
20
Part VII (Commission for Racial Equality) shall cease to have effect.
21
Sections 58 to 64 (enforcement) shall cease to have effect.
22
Section 66 (assistance by Commission for Racial Equality) shall cease to have
effect.
23
Section 71C (codes of practice) shall cease to have effect.
25
24
Sections 71D and 71E (general public authority duty: compliance notice)
shall cease to have effect.
25    (1)
Section 68 (timing of proceedings) shall be amended as follows.
      (2)
After subsection (2A) insert—
“(2B)
The period allowed by subsection (2)(a) shall be extended by three
30
months in the case of a dispute which is referred for conciliation in
pursuance of arrangements under section 29 of the Equality Act
2005.”
      (3)
Subsections (3) to (5) shall cease to have effect.
26
In section 78(1) (interpretation) in the definition of “the Commission” for
35
“Commission for Racial Equality” substitute “Commission for Equality and
Human Rights”.
27
Schedule 1 (Commission for Racial Equality) shall cease to have effect.

Equality Bill
Schedule 3 — Amendments Consequential on Part 1
69

Estate Agents Act 1979 (c. 38)
28
In section 9(6) of the Estate Agents Act 1979 (provision of information to
Office of Fair Trading)—
(a)
for paragraph (a) substitute—
“(a)
the Commission for Equality and Human Rights,
5
and”, and
(b)
paragraph (c) (and the word “and” immediately before it) shall cease
to have effect.
Employment Act 1989 (c. 38)
29
In section 28(2) of the Employment Act 1989 (orders) for “Equal
10
Opportunities Commission” substitute “Commission for Equality and
Human Rights”.
Disability Discrimination Act 1995 (c. 50)
30
The Disability Discrimination Act 1995 shall be amended as follows.
31
At the end of section 16B (discriminatory advertisements) add—
15
“(5)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission for Equality and Human Rights, and
(b)
in accordance with section 27 of the Equality Act 2005.”
32
At the end of section 16C (instructions and pressure to discriminate) add—
20
“(4)
Proceedings in respect of a contravention of this section may be
brought only—
(a)
by the Commission for Equality and Human Rights, and
(b)
in accordance with section 27 of the Equality Act 2005.”
33
Section 17B (proceedings by Disability Rights Commission) shall cease to
25
have effect.
34
Section 28 (conciliation services) shall cease to have effect.
35
In sections 28C(4) and 28T(2) (non-discrimination in education) for “section
53A.” substitute “section 15 of the Equality Act 2005.”
36
Section 31B (conciliation services) shall cease to have effect.
30
37
Sections 49E and 49F (public authorities: enforcement) (shall cease to have
effect).
38
Section 53A (codes of practice) shall cease to have effect.
39    (1)
In the provisions of Schedule 3 (enforcement) specified in sub-paragraph
(2)—
35
(a)
for “section 28” or “section 31B” substitute “section 29 of the Equality
Act 2005”, and
(b)
for “two months.” substitute “three months.”
      (2)
Those provisions are—
(a)
paragraph 6(2),
40

Equality Bill
Schedule 4 — Repeals
70

(b)
paragraph 10(2), and
(c)
paragraph 13(2).
Employment Tribunals Act 1996 (c. 17)
40
After section 21(1)(gb) of the Employment Tribunals Act 1996 (jurisdiction
of Employment Appeal Tribunal) insert—
5
“(gc)
the Equality Act 2005,”.
Asylum and Immigration Act 1996 (c. 49)
41
In section 8A(4)(a) of the Asylum and Immigration Act 1996, for
“Commission for Racial Equality;” substitute “Commission for Equality and
Human Rights;”.
10
Disability Rights Commission Act 1999 (c. 17)
42
The Disability Rights Commission Act 1999 shall cease to have effect.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
43
In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001
(disclosure)—
15
(a)
paragraphs 13, 14 and 46 shall cease to have effect, and
(b)
after paragraph 53A insert—

“Equality Act 2005

53B      Section 6 of the Equality Act 2005.”
Schedule 4
20
Section 86

Repeals

Short title and chapter
Extent of repeal

Sex Discrimination Act 1975
Part VI.

(c. 65)
Sections 67 to 73.

Section 75.

25

Section 76(3) to (5).

Section 76C.

Section 76E.

Schedule 3.

Race Relations Act 1976 (c. 74)
Part VII.

30

Sections 58 to 64.

Section 66.

Sections 71C to 71E.

Section 68(3) to (5).

Schedule 1.

35

Paragraph 1 of Schedule 4.

Estate Agents Act 1979 (c. 38)
Section 9(6)(c) (and the word “and” immediately

before it).

County Courts Act 1984 (c. 28)
Paragraph 61 of Schedule 2.

Housing Act 1988 (c. 50)
Section 137.

40

Equality Bill
Schedule 4 — Repeals
71

Short title and chapter
Extent of repeal

Disability Discrimination Act
Section 17B.

1995 (c. 50)
Section 28.

Section 31B.

Disability Discrimination Act
Section 49E.

5

1995 (c. 50)—cont.
Section 49F.

Section 53A.

Disability Rights Commission
The whole Act.

Act 1999 (c. 17)

Special Educational Needs and
Section 36.

10

Disability Act 2001 (c. 10)
Section 37.

Schedule 7.

Anti-terrorism, Crime and
Paragraphs 13, 14 and 46 of Schedule 4.

Security Act 2001 (c. 24)