Equality Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
15

(i)
a tribunal or the sheriff has determined under subsection (4)
that the 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 without an interdict the person is likely to
5
do another act to which this section applies.
(7)
Subsection (1) does not apply to an act which constitutes an offence.
26
Section 25: supplemental
(1)
A complaint or application under section 25(3) may be presented or made
only—
10
(a)
within the period of six months beginning with the date (or last date)
on which the alleged unlawful act occurred, or
(b)
with the permission of the tribunal, court or sheriff.
(2)
A determination under section 25(4) shall not be relied upon by a county court
or the sheriff in proceedings under section 25(5) or (6) while an appeal against
15
the determination—
(a)
is pending, or
(b)
may be brought (disregarding the possibility of an appeal out of time
with permission).
(3)
An application under section 25(5) or (6) may be made only—
20
(a)
within the period of five years beginning with the date (or last date) on
which the unlawful act referred to in that subsection occurred, or
(b)
with the permission of the court or sheriff.
27
Conciliation
(1)
The Commission may make arrangements for the provision of conciliation
25
services for disputes in respect of which proceedings have been or could be
brought under or by virtue of—
(a)
section 66 of the Sex Discrimination Act 1975 (c. 65) (civil proceedings),
(b)
section 57 of the Race Relations Act 1976 (c. 74) (civil proceedings),
(c)
section 25, 28I, 28N, 28V or 31AE(1) of the Disability Discrimination Act
30
1995 (c. 50) (civil proceedings),
(d)
section 65 below,
(e)
a provision of regulations under Part 3 of this Act corresponding to
section 65 below,
(f)
regulation 31 of the Employment Equality (Religion or Belief)
35
Regulations 2003 (S.I. 2003/1660) (civil proceedings), or
(g)
regulation 31 of the Employment Equality (Sexual Orientation)
Regulations 2003 (S.I. 2003/1661) (civil proceedings).
(2)
The Commission may make arrangements for the provision of conciliation
services for disputes about whether it is unreasonable for a landlord to
40
withhold consent to the making of an improvement to a dwelling where the
improvement would be likely to facilitate the enjoyment of the premises by the
tenant or another lawful occupier having regard to a disability.

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
16

(3)
The Commission shall aim to exercise the powers in subsections (1) and (2) so
as to ensure that, so far as is reasonably practicable, conciliation services are
available to parties who want them.
(4)
Information communicated to a person providing conciliation services in
accordance with arrangements under this section may not be adduced in legal
5
proceedings without the consent of the person who communicated the
information.
(5)
None of the following shall participate in the provision of conciliation services
for which arrangements are made under this section—
(a)
a Commissioner,
10
(b)
a member of the Commission’s staff,
(c)
a member of a committee established by the Commission, and
(d)
an Investigating Commissioner.
(6)
The Commission shall make administrative arrangements designed to secure
that information in connection with conciliation services provided in
15
accordance with arrangements made under this section is not disclosed to—
(a)
a Commissioner, or
(b)
a member of the Commission’s staff.
(7)
But subsection (6) shall not apply to a disclosure—
(a)
made with the consent of the parties to the dispute to which it relates,
20
(b)
which does not identify individuals or enable them to be identified, or
(c)
of information without which arrangements under this section cannot
be made.
(8)
In this section “conciliation services” means a service which is provided—
(a)
by a person who is not party to a dispute,
25
(b)
to the parties to the dispute, and
(c)
with the aim of enabling the dispute to be settled by agreement and
without legal proceedings.
(9)
The Secretary of State may by order amend this section so as to vary the range
of disputes in respect of which the Commission may make arrangements for
30
the provision of conciliation services.
28
Legal assistance
(1)
The Commission may assist an individual who is or may become party to legal
proceedings if—
(a)
the proceedings relate or may relate (wholly or partly) to a provision of
35
the equality enactments, and
(b)
the individual alleges that he has been the victim of behaviour contrary
to a provision of the equality enactments.
(2)
The Commission may assist an individual who is or may become party to legal
proceedings if and in so far as the proceedings concern or may concern the
40
question whether it is unreasonable for a landlord to withhold consent to the
making of an improvement to a dwelling where the improvement would be
likely to facilitate the enjoyment of the premises by the tenant or another lawful
occupier having regard to a disability.

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(3)
In giving assistance under this section the Commission may provide or arrange
for the provision of—
(a)
legal advice;
(b)
legal representation;
(c)
facilities for the settlement of a dispute;
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(d)
any other form of assistance.
(4)
Assistance may not be given under subsection (1) in relation to alleged
behaviour contrary to a provision of Part V of the Disability Discrimination Act
1995 (c. 50) (public transport).
(5)
Where proceedings relate or may relate partly to a provision of the equality
10
enactments and partly to other matters—
(a)
assistance may be given under subsection (1) in respect of any aspect of
the proceedings while they relate to a provision of the equality
enactments, but
(b)
if the proceedings cease to relate to a provision of the equality
15
enactments, assistance may not be continued under subsection (1) in
respect of the proceedings (except in so far as it is permitted by virtue
of subsection (6) or (7)).
(6)
The Lord Chancellor may by order disapply subsection (5)(b), and enable the
Commission to give assistance under subsection (1), in respect of legal
20
proceedings which—
(a)
when instituted, related (wholly or partly) to a provision of the equality
enactments,
(b)
have ceased to relate to the provision of the equality enactments, and
(c)
relate (wholly or partly) to any of the Convention rights within the
25
meaning given by section 1 of the Human Rights Act 1998 (c. 42).
(7)
The Secretary of State may by order enable the Commission to give assistance
under this section in respect of legal proceedings in the course of which an
individual who is or has been a disabled person relies or proposes to rely on a
matter relating to his disability; but an order under this subsection may not
30
permit assistance in relation to alleged behaviour contrary to a provision of
Part V of the Disability Discrimination Act 1995.
(8)
An order under subsection (6) or (7) may make provision generally or only in
relation to proceedings of a specified kind or description (which in the case of
an order under subsection (6) may, in particular, refer to specified provisions
35
of the equality enactments) or in relation to specified circumstances.
(9)
This section is without prejudice to the effect of any restriction imposed, in
respect of representation—
(a)
by virtue of an enactment (including an enactment in or under an Act
of the Scottish Parliament), or
40
(b)
in accordance with the practice of a court.
(10)
A legislative provision which requires insurance or an indemnity in respect of
advice given in connection with a compromise contract or agreement shall not
apply to advice provided by the Commission under this section.
(11)
A reference in this section to a provision of the equality enactments includes a
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reference to a provision of Community law which—

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(a)
relates to discrimination on grounds of sex, racial origin, ethnic origin,
religion, belief, disability, age or sexual orientation or to equality of
opportunity between men and women, and
(b)
confers rights on individuals.
(12)
In its application by virtue of subsection (11), subsection (1)(b) shall have effect
5
as if it referred to an allegation by an individual that he is disadvantaged by—
(a)
an enactment (including an enactment in or under an Act of the Scottish
Parliament) which is contrary to a provision of Community law, or
(b)
a failure by the United Kingdom to implement a right as required by
Community law.
10
29
Legal assistance: costs
(1)
This section applies where—
(a)
the Commission has assisted an individual under section 28 in relation
to proceedings, and
(b)
the individual becomes entitled to some or all of his costs in the
15
proceedings (whether by virtue of an award or by virtue of an
agreement).
(2)
The Commission’s expenses in providing the assistance—
(a)
shall be charged on sums paid to the individual by way of costs, and
(b)
may be enforced as a debt due to the Commission.
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(3)
A requirement to pay money to the Commission under subsection (2) ranks, in
England and Wales, after a requirement imposed by virtue of section 11(4)(f)
of the Access to Justice Act 1999 (c. 22) (recovery of costs in funded cases).
(4)
Subsection (2), in its application to Scotland, shall not affect the operation of
section 17(2A) of the Legal Aid (Scotland) Act 1986 (c. 47) (requirement in
25
certain cases to pay to the Scottish Legal Aid Board sums recovered under
awards of, or agreements as to, expenses).
(5)
For the purposes of subsection (2) the Commission’s expenses shall be
calculated in accordance with such provision (if any) as the Secretary of State
makes for the purpose by regulations; and regulations may, in particular,
30
provide for the apportionment of expenditure incurred by the Commission—
(a)
partly for one purpose and partly for another, or
(b)
for general purposes.
(6)
In the application of this section to Scotland a reference to costs shall be taken
as a reference to expenses.
35
30
Judicial review and other legal proceedings
(1)
The Commission shall have capacity to institute or intervene in legal
proceedings, whether for judicial review or otherwise, if it appears to the
Commission that the proceedings are relevant to a matter in connection with
which the Commission has a function.
40
(2)
The Commission shall be taken to have title and interest in relation to the
subject matter of any legal proceedings in Scotland which it has capacity to
institute, or in which it has capacity to intervene, by virtue of subsection (1).

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(3)
The Commission may, in the course of legal proceedings for judicial review
which it institutes (or in which it intervenes), rely on section 7(1)(b) of the
Human Rights Act 1998 (c. 42) (breach of Convention rights); and for that
purpose—
(a)
the Commission need not be a victim or potential victim of the
5
unlawful act to which the proceedings relate,
(b)
the Commission may act only if there is or would be one or more
victims of the unlawful act,
(c)
section 7(3) and (4) of that Act shall not apply, and
(d)
no award of damages may be made to the Commission (whether or not
10
the exception in section 8(3) of that Act applies);

and an expression used in this subsection and in section 7 of the Human Rights
Act 1998 has the same meaning in this subsection as in that section.
(4)
Subsections (1) and (2)—
(a)
do not create a cause of action, and
15
(b)
are, except as provided by subsection (3), subject to any limitation or
restriction imposed by virtue of an enactment (including an enactment
in or under an Act of the Scottish Parliament) or in accordance with the
practice of a court.
31
Public sector duties: assessment
20
(1)
The Commission may assess the extent to which or the manner in which a
person has complied with a duty under or by virtue of—
(a)
section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65)
(public authorities: duty to eliminate discrimination, &c.),
(b)
section 71 of the Race Relations Act 1976 (c. 74) (public authorities: duty
25
to eliminate discrimination, &c.), or
(c)
section 49A or 49D of the Disability Discrimination Act 1995 (c. 50)
(public authorities: duty to eliminate discrimination, &c.).
(2)
Schedule 2 makes supplemental provision about assessments.
(3)
This section is without prejudice to the generality of sections 16 and 20.
30
32
Public sector duties: compliance notice
(1)
This section applies where the Commission thinks that a person has failed to
comply with a duty under or by virtue of —
(a)
section 76A, 76B or 76C of the Sex Discrimination Act 1975 (public
authorities: duty to eliminate discrimination, &c.),
35
(b)
section 71 of the Race Relations Act 1976 (public authorities: duty to
eliminate discrimination, &c.), or
(c)
section 49A or 49D of the Disability Discrimination Act 1995 (public
authorities: duty to eliminate discrimination, &c.).
(2)
The Commission may give the person a notice requiring him—
40
(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 or proposed for the purpose of complying with the duty.

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(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—
(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
5
three months), and
(b)
the manner and form in which the information is to be given.
(4)
The Commission may not give a notice under this section in respect of a duty
under section 76A of the Sex Discrimination Act 1975 (c. 65), section 71(1) of the
Race Relations Act 1976 (c. 74) or section 49A of the Disability Discrimination
10
Act 1995 (c. 50) unless—
(a)
the Commission has carried out an assessment under section 31 above,
and
(b)
the notice relates to the results of the assessment.
(5)
A person who receives a notice under this section shall comply with it.
15
(6)
But a notice under this section shall not oblige a person to give information—
(a)
that he is prohibited from disclosing by virtue of an enactment, or
(b)
that he could not be compelled to give in proceedings before the High
Court or the Court of Session.
(7)
Paragraphs 11 and 14 of Schedule 2 shall have effect (with any necessary
20
modifications) in relation to a requirement imposed by a notice under this
section as they have effect in relation to a requirement imposed by a notice
under paragraph 9 of that Schedule.
(8)
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
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Commission may apply to the court for an order requiring the person to
comply.
(9)
In subsection (8) “the court” means—
(a)
where the notice related to a duty under section 76A of the Sex
Discrimination Act 1975, section 71(1) of the Race Relations Act 1976 or
30
section 49A of the Disability Discrimination Act 1995, the High Court
(in England and Wales) or (in Scotland) the Court of Session, and
(b)
in any other case, a county court (in England and Wales) or the sheriff
(in Scotland).
(10)
A notice under this section shall specify a time before which the Commission
35
may not make an application under subsection (8) in respect of the notice.
(11)
Legal proceedings in relation to a duty by virtue of section 76B or 76C of the
Sex Discrimination Act 1975, section 71(2) of the Race Relations Act 1976 or
section 49D of the Disability Discrimination Act 1995—
(a)
may be brought by the Commission in accordance with subsection (8)
40
above, and
(b)
may not be brought in any other way.