|
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(b) | the Commission for Racial Equality; |
| |
“proceedings to which this Act applies” has the meaning given by section |
| |
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“relevant activities preparatory to proceedings to which this Act applies” |
| |
has the meaning given by section 11(3); |
| 5 |
“the Religion or Belief Regulations” means the Employment Equality |
| |
(Religion or Belief) Regulations 2003 (S.I. 2003/1660); |
| |
“the Sexual Orientation Regulations” means the Employment Equality |
| |
(Sexual Orientation) Regulations 2003 (S.I. 2003/1661); |
| |
“tribunal” means an employment tribunal established under regulations |
| 10 |
under section 1(1) of the 1996 Act (employment tribunals). |
| |
Miscellaneous and final provisions |
| |
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There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by a Minister of the Crown in consequence of this |
| 15 |
| |
(b) | any increase attributable to this Act in the sums payable out of money so |
| |
provided under any other Act. |
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16 | Short title, commencement and extent |
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(1) | This Act may be cited as the Employment Tribunals (Representation and |
| 20 |
Assistance in Discrimination Proceedings) Act 2005. |
| |
(2) | This Act shall come into force at the end of a period of two months beginning |
| |
with the day on which this Act is passed. |
| |
(3) | Subject to the provisions of subsection (4), this Act does not extend to Northern |
| |
| 25 |
(4) | Any amendment made by Schedule 2 has the same extent as the enactment to |
| |
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| |
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|
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| |
| |
| |
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Constitution, etc., of the Board |
| |
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1 (1) | The Board is a body corporate. |
| 5 |
(2) | The Board is not the servant or agent of the Crown, it does not enjoy any |
| |
status, immunity or privilege of the Crown and its property is not to be |
| |
regarded as property of or as held on behalf of the Crown. |
| |
| |
2 (1) | The Board shall consist of members appointed in accordance with the |
| 10 |
provisions of this paragraph. |
| |
(2) | The Commission for Equality and Human Rights shall appoint the requisite |
| |
number of members of the Board from amongst its members and shall |
| |
exercise its powers of appointment under this paragraph so as to secure that, |
| |
at any time, at least one of the members of the Board appointed by the |
| 15 |
Commission is a disabled person or a person who has a disability. |
| |
(3) | The Commission for Racial Equality shall appoint one member of the Board |
| |
from amongst its members. |
| |
(4) | Three members of the Board shall be chosen by the Commissioner for Public |
| |
Appointments on merit from amongst ten persons whose names have been |
| 20 |
chosen by lot from amongst persons who have— |
| |
(a) | brought proceedings to which this Act applies, and |
| |
(b) | applied for membership of the Board. |
| |
(5) | Five members of the Board shall be chosen by the members of the Board |
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appointed in accordance with the preceding provisions of this paragraph |
| 25 |
from amongst persons applying for membership and participating in a |
| |
public recruitment exercise overseen at all stages by the Commissioner for |
| |
| |
(6) | In this paragraph “the requisite number” means— |
| |
(a) | two during any period prior to the dissolution of the Commission for |
| 30 |
| |
(b) | three at any time thereafter. |
| |
3 | The Chairman of the Board shall be elected by the Board from amongst its |
| |
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| |
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|
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4 (1) | A person is disqualified for being appointed as chairman or other member |
| |
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(a) | he is the subject of a bankruptcy restrictions order or interim order, |
| |
(b) | a bankruptcy order has been made against him by a court in |
| 5 |
Northern Ireland, his estate has been sequestrated by a court in |
| |
Scotland or, under the law of Northern Ireland or Scotland, he has |
| |
made a composition or arrangement with, or granted a trust deed |
| |
| |
(c) | in the last five years he has been convicted in the United Kingdom, |
| 10 |
the Channel Islands or the Isle of Man of an offence and has had a |
| |
qualifying sentence passed on him. |
| |
(2) | Where a person is disqualified under sub-paragraph (1)(b) because a |
| |
bankruptcy order has been made against him or his estate has been |
| |
sequestrated, the disqualification shall cease— |
| 15 |
(a) | on his obtaining a discharge, or |
| |
(b) | if the bankruptcy order is annulled or the sequestration of his estate |
| |
is recalled or reduced, on the date of that event. |
| |
(3) | Where a person is disqualified under sub-paragraph (1)(b) because of his |
| |
having made a composition or arrangement with, or granted a trust deed |
| 20 |
for, his creditors, the disqualification shall cease— |
| |
(a) | at the end of the period of five years beginning with the date on |
| |
which the terms of the deed of composition or arrangement or trust |
| |
| |
(b) | if, before then, he pays his debts in full, on the date on which the |
| 25 |
| |
(4) | For the purposes of sub-paragraph (1)(c), the date of conviction shall be |
| |
taken to be the ordinary date on which the period allowed for making an |
| |
appeal or application expires or, if an appeal or application is made, the date |
| |
on which the appeal or application is finally disposed of or abandoned or |
| 30 |
fails by reason of its non-prosecution. |
| |
(5) | In sub-paragraph (1)(c), the reference to a qualifying sentence is to a sentence |
| |
of imprisonment for a period of not less than three months (whether |
| |
suspended or not) without the option of a fine. |
| |
| 35 |
5 | Subject to the provisions of paragraphs 6 to 8, the members of the Board shall |
| |
hold office for a period of four years. |
| |
6 | A person holding office as a member of the Board may resign that office by |
| |
giving notice in writing to the Chairman of the Board or, if that person is the |
| |
Chairman, to another member of the Board designated by the Board for that |
| 40 |
| |
7 | A person holding office as a member of the Board shall cease to hold that |
| |
office if he ceases to be qualified for appointment to it by reason of |
| |
| |
| |
| |
|
| |
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8 | A person holding office as a member of the Board may be removed from |
| |
office by a decision of the Board if the Board is satisfied that the member of |
| |
| |
(a) | has been absent from meetings of the Board for six consecutive |
| |
months, or longer, without the permission of the Board, or |
| 5 |
(b) | is unable or unfit to carry out his functions as a member of the Board. |
| |
9 (1) | The chairman shall be elected for a period of three years. |
| |
(2) | A person may be elected on more than one occasion to the position of |
| |
chairman, but may not be elected for more than two successive periods of |
| |
| 10 |
(3) | A person may be removed from office as chairman by a decision of the Board |
| |
if he is unable or unfit to carry out his functions as chairman. |
| |
Remuneration, pensions etc. of members |
| |
10 (1) | The Board may pay to the chairman or any of the other members of the Board such |
| |
remuneration as the Lord Chancellor may determine. |
| 15 |
(2) | The Board may pay, or make provision for paying, to or in respect of the chairman |
| |
or any of the other members of the Board such pensions, allowances, fees, expenses |
| |
or gratuities as the Lord Chancellor may determine. |
| |
(3) | The Board may make a payment to a person who ceases to hold office as chairman or |
| |
other member of the Board otherwise than on the expiry of his term of office if it |
| 20 |
appears to the Lord Chancellor that there are special circumstances which make it |
| |
right for that person to receive compensation. |
| |
(4) | A payment under sub-paragraph (3) shall be of such amount as the Lord Chancellor |
| |
| |
| 25 |
11 | The Board may appoint such staff as it considers appropriate, on such terms and |
| |
conditions as it may determine. |
| |
| |
12 | Subject to any provision of this Act, the Board may regulate its own |
| |
procedure (including quorum). |
| 30 |
13 | The validity of any proceedings of the Board shall not be affected by— |
| |
(a) | any vacancy in the office of— |
| |
| |
(ii) | a member to be appointed by a particular provision of |
| |
| 35 |
(b) | any defect in a person’s appointment as chairman or other member, |
| |
| |
(c) | the composition for the time being of the membership of the Board. |
| |
| |
14 (1) | The Board shall establish and maintain a system for the declaration and |
| 40 |
registration of private interests of its members. |
| |
| |
| |
|
| |
| |
(2) | The Board shall publish entries recorded in the register of members’ |
| |
| |
| |
15 (1) | The Board shall keep proper accounts and proper records in relation to its |
| |
| 5 |
(2) | The Board shall prepare a statement of accounts in respect of each of its |
| |
| |
(3) | Any such statement of accounts must comply with any directions given by |
| |
the Lord Chancellor with the approval of the Treasury as to— |
| |
(a) | the information to be contained in the statement, |
| 10 |
(b) | the manner in which that information is to be presented, and |
| |
(c) | the methods and principles according to which the statement is to be |
| |
| |
(4) | The Board shall send a copy of each statement of accounts required by sub- |
| |
| 15 |
| |
(b) | the Secretary of State, and |
| |
(c) | the Comptroller and Auditor General, |
| |
| before the end of such period after the end of the financial year to which the |
| |
statement relates as the Lord Chancellor may specify by notice given to the |
| 20 |
| |
(5) | The Comptroller and Auditor General shall— |
| |
(a) | examine, certify and report on each statement of accounts received |
| |
by him under sub-paragraph (4)(c), and |
| |
(b) | lay a copy of each such statement of accounts, and of his report on it, |
| 25 |
before each House of Parliament. |
| |
(6) | The power under sub-paragraph (3) to give directions includes power to |
| |
vary or revoke directions given in previous exercise of the power. |
| |
(7) | In this paragraph, “financial year” means— |
| |
(a) | the period beginning with the date on which the Board is established |
| 30 |
and ending with the next 31st March, and |
| |
(b) | each successive period of 12 months ending with 31st March. |
| |
| |
16 | The application of the seal of the Board shall be authenticated by the |
| |
signature of any member of the Board or of any other person who has been |
| 35 |
authorised for the purpose by the Board, whether generally or specially. |
| |
17 | A document purporting— |
| |
(a) | to be duly executed under the seal of the Board, or |
| |
(b) | to be signed on its behalf, |
| |
| shall be received in evidence and be taken, without further proof, to be so |
| 40 |
executed or signed unless the contrary is shown. |
| |
| |
| |
|
| |
| |
| |
18 | The Board may do anything which is calculated to facilitate, or is conducive |
| |
or incidental to, the carrying out of its functions, but may not borrow money. |
| |
19 | The Board may delegate any of its functions (to such extent as it may |
| |
| 5 |
(a) | to any member of the Board, |
| |
(b) | to any member of staff of the Board, or |
| |
(c) | to a committee consisting of persons each of whom is— |
| |
(i) | a member of the Board, or |
| |
(ii) | a member of the staff of the Board. |
| 10 |
| |
| |
| |
| |
1 | In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public |
| |
records), in Part 2 of the Table at the end of paragraph 3, at the appropriate |
| 15 |
place, insert the following entry— |
| |
“Tribunal Representation and Assistance Board.” |
| |
Investigation by Parliamentary Commissioner |
| |
2 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) |
| |
(departments and authorities subject to investigation), at the appropriate |
| 20 |
place, insert the following entry— |
| |
“Tribunal Representation and Assistance Board.” |
| |
House of Commons Disqualification |
| |
3 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(c. 24) (bodies of which all members are disqualified), at the appropriate |
| 25 |
place, insert the following entry— |
| |
“Tribunal Representation and Assistance Board.” |
| |
Northern Ireland Assembly Disqualification |
| |
4 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975 (c. 25) (bodies of which all members are disqualified), at the |
| 30 |
appropriate place, insert the following entry— |
| |
“Tribunal Representation and Assistance Board.” |
| |
Race relations: general statutory duty |
| |
5 | In Schedule 1A to the 1976 Act (bodies subject to general statutory duty), |
| |
under the heading “Other Bodies, Etc”, at the appropriate place, insert the |
| 35 |
| |
“The Tribunal Representation and Assistance Board.” |
| |
| |
| |
|
| |
| |
| |
6 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public |
| |
authorities), at the appropriate place, insert the following entry— |
| |
“Tribunal Representation and Assistance Board.” |
| |
| 5 |
7 (1) | Paragraphs 4(1)(b), (2) and (3) of Schedule 1 shall be taken to be within the |
| |
definition of “provision” in section 268 of the Enterprise Act 2002 (c. 40) |
| |
(power to remove bankruptcy disqualifications under pre-8th November |
| |
2002 provisions or extend them to, or replace them with disqualifications of, |
| |
persons subject to bankruptcy restrictions regimes). |
| 10 |
(2) | In its application by virtue of sub-paragraph (1), section 268 of the Enterprise |
| |
Act 2002 shall have effect with the following modifications— |
| |
(a) | subsections (5)(d), (6) to (8) and (15) (power to make application of |
| |
disqualification provision subject to person’s discretion) are omitted, |
| |
| 15 |
(b) | for subsection (13) (order under section to be made by statutory |
| |
instrument after parliamentary approval of a draft) there is |
| |
| |
“(13) | An order under this section— |
| |
(a) | must be made by statutory instrument, |
| 20 |
(b) | shall be subject to annulment in pursuance of a |
| |
resolution of either House of Parliament.” |
| |
| |
| |
|
