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Equality Bill


Equality Bill
Part 1 — The Commission for Equality and Human Rights

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(3)   

The Commission shall comply with a direction of the Secretary of State to issue

a code under subsection (1) in connection with a specified matter.

(4)   

Before issuing a code under subsection (1) the Commission shall—

(a)   

publish proposals, and

(b)   

consult such persons as it thinks appropriate.

5

(5)   

Before issuing a code under subsection (1) the Commission shall submit a draft

to the Secretary of State, who shall—

(a)   

if he approves the draft—

(i)   

notify the Commission, and

(ii)   

lay a copy before Parliament, or

10

(b)   

otherwise, give the Commission written reasons why he does not

approve the draft.

(6)   

Where a draft is laid before Parliament under subsection (5)(a)(ii), if neither

House passes a resolution disapproving the draft within 40 days—

(a)   

the Commission may issue the code in the form of the draft, and

15

(b)   

it shall come into force in accordance with provision made by the

Secretary of State by order.

(7)   

If, or in so far as, a code relates to a duty imposed by or under section 76A or

76B of the Sex Discrimination Act 1975 (c. 65), section 71 of the Race Relations

Act 1976 (c. 74) or section 49A or 49D of the Disability Discrimination Act 1995

20

(c. 50) (public authorities: general anti-discrimination duties) the Secretary of

State shall consult the Scottish Ministers and the National Assembly for Wales

before—

(a)   

approving a draft under subsection (5)(a) above, or

(b)   

making an order under subsection (6)(b) above.

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16      

Codes of practice: supplemental

(1)   

The Commission may revise a code issued under section 15; and a reference in

this section or in that section to the issue of a code shall be treated as including

a reference to the revision of a code.

(2)   

The 40 day period specified in section 15(6)—

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(a)   

shall begin with the date on which the draft is laid before both Houses

(or, if laid before each House on a different date, with the later date),

and

(b)   

shall be taken not to include a period during which—

(i)   

Parliament is prorogued or dissolved, or

35

(ii)   

both Houses are adjourned for more than four days.

(3)   

A code issued under section 15 may be revoked by the Secretary of State, at the

request of the Commission, by order.

(4)   

A failure to comply with a provision of a code shall not of itself make a person

liable to criminal or civil proceedings; but a code—

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(a)   

shall be admissible in evidence in criminal or civil proceedings, and

(b)   

shall be taken into account by a court or tribunal in any case in which it

appears to the court or tribunal to be relevant.

(5)   

The Secretary of State may by order amend the list in section 15(1) so as to—

(a)   

add an entry,

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Equality Bill
Part 1 — The Commission for Equality and Human Rights

9

 

(b)   

remove an entry, or

(c)   

vary an entry.

17      

Inquiries

(1)   

The Commission—

(a)   

shall comply with a direction of the Secretary of State to conduct an

5

inquiry into a specified matter relating to any of the Commission’s

duties under sections 8, 9, 10 and 11, and

(b)   

may conduct an inquiry into any other matter relating to any of those

duties.

(2)   

If in the course of an inquiry the Commission begins to suspect that a person

10

may have committed an unlawful act—

(a)   

in continuing the inquiry the Commission shall, so far as possible,

avoid further consideration of whether or not the person has

committed an unlawful act,

(b)   

the Commission may commence an investigation into that question

15

under section 22,

(c)   

the Commission may use information or evidence acquired in the

course of the inquiry for the purpose of the investigation, and

(d)   

the Commission shall so far as possible ensure (whether by aborting or

suspending the inquiry or otherwise) that any aspects of the inquiry

20

which concern the person investigated, or may require his

involvement, are not pursued while the investigation is in progress.

(3)   

The report of an inquiry—

(a)   

may not state (whether expressly or by necessary implication) that a

specified or identifiable person has committed an unlawful act, and

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(b)   

shall not otherwise refer to the activities of a specified or identifiable

person unless the Commission thinks that the reference—

(i)   

will not harm the person, or

(ii)   

is necessary in order for the report adequately to reflect the

results of the inquiry.

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(4)   

Subsections (2) and (3) shall not prevent an inquiry from considering or

reporting a matter relating to human rights (whether or not a necessary

implication arises in relation to the equality enactments).

(5)   

Before settling a report of an inquiry which records findings which in the

Commission’s opinion are of an adverse nature and relate (whether expressly

35

or by necessary implication) to a specified or identifiable person the

Commission shall—

(a)   

send a draft of the report to the person,

(b)   

specify a period of at least 28 days during which he may make written

representations about the draft, and

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(c)   

consider any representations made.

(6)   

Schedule 2 makes supplemental provision about inquiries.

18      

Grants

(1)   

In pursuance of any of its duties under sections 8 to 11 the Commission may

make grants to another person.

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Equality Bill
Part 1 — The Commission for Equality and Human Rights

10

 

(2)   

A grant under subsection (1) may be made subject to conditions (which may,

in particular, include conditions as to repayment).

(3)   

A power under this Part to co-operate with or assist a person may not be

exercised by the provision of financial assistance otherwise than in accordance

with this section.

5

19      

Human rights

In pursuance of its duties under section 9 the Commission may (without

prejudice to the generality of section 14) co-operate with persons interested in

human rights within the United Kingdom or elsewhere.

20      

Disability

10

(1)   

In pursuance of its duties under section 10 the Commission may do anything

specified in this section (without prejudice to the generality of section 14).

(2)   

The Commission may make, co-operate with or assist in arrangements—

(a)   

for the monitoring of kinds of crime affecting disabled persons;

(b)   

designed to prevent or reduce crime affecting disabled persons;

15

(c)   

for activities (whether social, recreational, sporting, civic, educational

or otherwise) designed to involve disabled persons.

21      

Communities

(1)   

In pursuance of its duties under section 11 the Commission may do anything

specified in this section (without prejudice to the generality of section 14).

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(2)   

The Commission may make, co-operate with or assist in arrangements—

(a)   

for the monitoring of kinds of crime affecting certain communities;

(b)   

designed to prevent or reduce crime within or affecting certain

communities;

(c)   

for activities (whether social, recreational, sporting, civic, educational

25

or otherwise) designed to involve members of communities.

Enforcement powers

22      

Investigations

(1)   

The Commission may investigate whether or not a person—

(a)   

has committed an unlawful act,

30

(b)   

has complied with a requirement imposed by an unlawful act notice

under section 23, or

(c)   

has complied with an undertaking given under section 25.

(2)   

The Commission shall investigate a matter specified in subsection (1) if

directed to do so by the Secretary of State.

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(3)   

The Commission may conduct an investigation under subsection (1)(a) only if

it suspects that the person concerned may have committed an unlawful act (but

this subsection is subject to subsection (2)).

 
 

Equality Bill
Part 1 — The Commission for Equality and Human Rights

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(4)   

The Secretary of State may direct the Commission to investigate a matter only

if he suspects that the person concerned may have committed an unlawful act.

(5)   

A suspicion for the purposes of subsection (3) or (4) may (but need not) be

based on the results of, or a matter arising during the course of, an inquiry

under section 17.

5

(6)   

Before settling a report of an investigation recording a finding that a person has

committed an unlawful act or has failed to comply with a requirement or

undertaking the Commission shall—

(a)   

send a draft of the report to the person,

(b)   

specify a period of at least 28 days during which he may make written

10

representations about the draft, and

(c)   

consider any representations made.

(7)   

Schedule 2 makes supplemental provision about investigations.

23      

Unlawful act notice

(1)   

The Commission may give a person a notice under this section (an “unlawful

15

act notice”) if—

(a)   

he is or has been the subject of an investigation under section 22(1)(a),

and

(b)   

the Commission is satisfied that he has committed an unlawful act.

(2)   

A notice must specify—

20

(a)   

the unlawful act, and

(b)   

the provision of the equality enactments by virtue of which the act is

unlawful.

(3)   

A notice must inform the recipient of the effect of—

(a)   

subsections (5) to (7),

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(b)   

section 22(1)(b), and

(c)   

section 26(1)(a).

(4)   

A notice may—

(a)   

require the person to whom the notice is given to prepare an action plan

for the purpose of avoiding repetition or continuation of the unlawful

30

act;

(b)   

recommend action to be taken by the person for that purpose.

(5)   

A person who is given a notice may, within the period of six weeks beginning

with the day on which the notice is given, appeal to the appropriate court or

tribunal on the grounds—

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(a)   

that he has not committed the unlawful act specified in the notice, or

(b)   

that a requirement for the preparation of an action plan imposed under

subsection (4)(a) is unreasonable.

(6)   

On an appeal under subsection (5) the court or tribunal may—

(a)   

affirm a notice;

40

(b)   

annul a notice;

(c)   

vary a notice;

(d)   

affirm a requirement;

(e)   

annul a requirement;

 
 

Equality Bill
Part 1 — The Commission for Equality and Human Rights

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(f)   

vary a requirement;

(g)   

make an order for costs or expenses.

(7)   

In subsection (5) “the appropriate court or tribunal” means—

(a)   

an employment tribunal, if a claim in respect of the alleged unlawful act

could be made to it, or

5

(b)   

a county court (in England and Wales) or the sheriff (in Scotland), if a

claim in respect of the alleged unlawful act could be made to it or to

him.

24      

Action plans

(1)   

This section applies where a person has been given a notice under section 23

10

which requires him (under section 23(4)(a)) to prepare an action plan.

(2)   

The notice must specify a time by which the person must give the Commission

a first draft plan.

(3)   

After receiving a first draft plan from a person the Commission shall—

(a)   

approve it, or

15

(b)   

give the person a notice which—

(i)   

states that the draft is not adequate,

(ii)   

requires the person to give the Commission a revised draft by a

specified time, and

(iii)   

may make recommendations about the content of the revised

20

draft.

(4)   

Subsection (3) shall apply in relation to a revised draft plan as it applies in

relation to a first draft plan.

(5)   

An action plan comes into force—

(a)   

if the period of six weeks beginning with the date on which a first draft

25

or revised draft is given to the Commission expires without the

Commission—

(i)   

giving a notice under subsection (3)(b), or

(ii)   

applying for an order under subsection (6)(b), or

(b)   

upon a court’s declining to make an order under subsection (6)(b) in

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relation to a revised draft of the plan.

(6)   

The Commission may apply to a county court (in England and Wales) or to the

sheriff (in Scotland)—

(a)   

for an order requiring a person to give the Commission a first draft plan

by a time specified in the order,

35

(b)   

for an order requiring a person who has given the Commission a

revised draft plan to prepare and give to the Commission a further

revised draft plan—

(i)   

by a time specified in the order, and

(ii)   

in accordance with any directions about the plan’s content

40

specified in the order, or

(c)   

during the period of five years beginning with the date on which an

action plan prepared by a person comes into force, for an order

requiring the person—

(i)   

to act in accordance with the action plan, or

45

(ii)   

to take specified action for a similar purpose.

 
 

Equality Bill
Part 1 — The Commission for Equality and Human Rights

13

 

(7)   

An action plan may be varied by agreement between the Commission and the

person who prepared it.

(8)   

Paragraphs 10 to 14 of Schedule 2 apply (but omitting references to evidence)

in relation to consideration by the Commission of the adequacy of a draft

action plan as they apply in relation to the conduct of an inquiry.

5

(9)   

A person commits an offence if without reasonable excuse he fails to comply

with an order under subsection (6); and a person guilty of an offence under this

subsection shall be liable on summary conviction to a fine not exceeding level

5 on the standard scale.

25      

Agreements

10

(1)   

The Commission may enter into an agreement with a person under which—

(a)   

the person undertakes—

(i)   

not to commit an unlawful act of a specified kind, and

(ii)   

to take, or refrain from taking, other specified action (which

may include the preparation of a plan for the purpose of

15

avoiding an unlawful act), and

(b)   

the Commission undertakes not to proceed against the person under

section 22 or 23 in respect of any unlawful act of the kind specified

under paragraph (a)(i).

(2)   

The Commission may enter into an agreement with a person under this section

20

only if it thinks that the person has committed an unlawful act.

(3)   

But a person shall not be taken to admit to the commission of an unlawful act

by reason only of entering into an agreement under this section.

(4)   

An agreement under this section—

(a)   

may be entered into whether or not the person is or has been the subject

25

of an investigation under section 22,

(b)   

may include incidental or supplemental provision (which may include

provision for termination in specified circumstances), and

(c)   

may be varied or terminated by agreement of the parties.

(5)   

This section shall apply in relation to the breach of a duty specified in section

30

36(2) as it applies in relation to the commission of an unlawful act; and for that

purpose the reference in subsection (1)(b) above to section 22 or 23 shall be

taken as a reference to section 34.

26      

Applications to court

(1)   

Subsection (2) applies to a person during the period of five years beginning

35

with the date on which—

(a)   

he is given a notice under section 23, or

(b)   

a court or tribunal finds that he committed an unlawful act.

(2)   

If the Commission thinks that a person to whom this subsection applies is

likely to commit an unlawful act, it may apply—

40

(a)   

in England and Wales, to a county court for an injunction restraining

the person from committing the act, or

(b)   

in Scotland, to the sheriff for an interdict prohibiting the person from

committing the act.

 
 

Equality Bill
Part 1 — The Commission for Equality and Human Rights

14

 

(3)   

Subsection (4) applies if the Commission thinks that a party to an agreement

under section 25 has failed to comply, or is likely not to comply, with an

undertaking under the agreement.

(4)   

The Commission may apply to a county court (in England and Wales) or to the

sheriff (in Scotland) for an order requiring the person—

5

(a)   

to comply with his undertaking, and

(b)   

to take such other action as the court or the sheriff may specify.

27      

Application to restrain unlawful advertising, pressure, &c.

(1)   

This section applies to an act which is unlawful under any of the following—

(a)   

sections 38 to 40 of the Sex Discrimination Act 1975 (c. 65) (advertising;

10

and instructions or pressure to discriminate),

(b)   

sections 29 to 31 of the Race Relations Act 1976 (c. 74) (advertising; and

instructions or pressure to discriminate),

(c)   

sections 16B and 16C of the Disability Discrimination Act 1995 (c. 50)

(advertising; and instructions or pressure to discriminate), and

15

(d)   

sections 56 and 57 below (religious discrimination: advertising; and

instructions or pressure to discriminate).

(2)   

Legal proceedings in relation to action to which this section applies—

(a)   

may be brought by the Commission in accordance with this section,

and

20

(b)   

may not be brought by anyone else.

(3)   

Where the Commission thinks that a person has done an act to which this

section applies the Commission may—

(a)   

present a complaint to an employment tribunal, where the act is alleged

to be unlawful by reference to—

25

(i)   

Part 2 of the Sex Discrimination Act 1975,

(ii)   

Part 2 of the Race Relations Act 1976,

(iii)   

Part 2 of the Disability Discrimination Act 1995,

(iv)   

Part 3 of that Act in so far as it relates to employment services, or

(v)   

Part 2 of this Act, or

30

(b)   

in any other case, apply to a county court (in England and Wales) or the

sheriff (in Scotland).

(4)   

On a complaint or application under subsection (3) in respect of an alleged act

to which this section applies, the tribunal, court or sheriff shall determine

whether the allegation is correct.

35

(5)   

The Commission may apply to a county court (in England and Wales) for an

injunction restraining a person from doing an act to which this section applies

where—

(a)   

either—

(i)   

a tribunal or court has determined under subsection (4) that the

40

person has done an act to which this section applies, or

(ii)   

the Commission thinks that the person has done an act to which

this section applies, and

(b)   

the Commission thinks that if unrestrained the person is likely to do

another act to which this section applies.

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