|
| |
|
(4) | A person who receives a notice under this section shall comply with it. |
| |
(5) | But a notice under this section shall not oblige a person to give |
| |
information that he could not be compelled to give in proceedings |
| |
before the High Court or the Court of Session. |
| |
(6) | If the Commission thinks that a person, to whom a notice under this |
| 5 |
section has been given, has failed to comply with a requirement of the |
| |
notice, the Commission may apply to a county court (in England and |
| |
Wales) or to the sheriff (in Scotland) for an order requiring the person |
| |
| |
(2) | In section 81 of the Sex Discrimination Act 1975 (c. 65) (orders) after subsection |
| 10 |
(2B) (inserted by section 82 above) insert— |
| |
“(2C) | An order under section 76C(3) or (4) is subject to annulment in |
| |
pursuance of a resolution of the Scottish Parliament.” |
| |
| |
In the Sex Discrimination Act 1975 the following shall be inserted after section |
| 15 |
76D (inserted by section 83 above)— |
| |
| |
(1) | The Commission may issue a code of practice about the performance |
| |
| |
(a) | the duty under section 76A(1), or |
| 20 |
(b) | a duty imposed under section 76B or 76C. |
| |
(2) | Section 56A(2) to (11) shall apply to a code under this section as to a |
| |
code under that section (for which purpose the reference in section |
| |
56A(10) to specified proceedings before an employment tribunal shall |
| |
be treated as a reference to criminal or civil proceedings before any |
| 25 |
| |
(3) | The Secretary of State shall consult the Scottish Ministers and the |
| |
National Assembly for Wales before— |
| |
(a) | approving a draft under section 56A(4)(a) as applied by |
| |
| 30 |
(b) | making an order under section 56A(7) as applied by subsection |
| |
| |
| |
In the Sex Discrimination Act 1975 the following shall be inserted after section |
| |
66A (burden of proof in county and sheriff courts)— |
| 35 |
| |
(1) | Rules of court may make provision for enabling a county court or |
| |
sheriff court in which a claim is brought under section 66(1), where the |
| |
court considers it expedient in the interests of national security— |
| |
(a) | to exclude from all or part of the proceedings— |
| 40 |
| |
(ii) | the claimant’s representatives; |
| |
| |
|
| |
|
| |
|
(b) | to permit a claimant or representative who has been excluded to |
| |
make a statement to the court before the commencement of the |
| |
proceedings, or the part of the proceedings, from which he is |
| |
| |
(c) | to take steps to keep secret all or part of the reasons for the |
| 5 |
court’s decision in the proceedings. |
| |
(2) | The Attorney General or, in Scotland, the Advocate General for |
| |
Scotland, may appoint a person to represent the interests of a claimant |
| |
in, or in any part of, proceedings from which the claimant or his |
| |
representatives are excluded by virtue of subsection (1). |
| 10 |
(3) | A person may be appointed under subsection (2) only— |
| |
(a) | in relation to proceedings in England and Wales, if he has a |
| |
general qualification (within the meaning of section 71 of the |
| |
Courts and Legal Services Act 1990 (c. 41)), or |
| |
(b) | in relation to proceedings in Scotland, if he is— |
| 15 |
| |
(ii) | qualified to practice as a solicitor in Scotland. |
| |
(4) | A person appointed under subsection (2) shall not be responsible to the |
| |
person whose interests he is appointed to represent.” |
| |
Disability discrimination |
| 20 |
86 | General duty: exceptions |
| |
In section 49C(4) of the Disability Discrimination Act 1995 (c. 50) (public |
| |
authorities: general duty: exceptions) for “section 49A(1)(a), (b), (c) or (d)” |
| |
substitute “one or more specified paragraphs of section 49A(1)”. |
| |
| 25 |
In the Disability Discrimination Act 1995 the following shall be inserted after |
| |
section 59 (statutory authority, national security, &c.)— |
| |
| |
(1) | Rules of court may make provision for enabling a county court or |
| |
sheriff court in which a claim is brought in respect of alleged |
| 30 |
discrimination contrary to this Act (including anything treated by |
| |
virtue of this Act as amounting to discrimination contrary to this Act), |
| |
where the court considers it expedient in the interests of national |
| |
| |
(a) | to exclude from all or part of the proceedings— |
| 35 |
| |
(ii) | the claimant’s representatives; |
| |
| |
(b) | to permit a claimant or representative who has been excluded to |
| |
make a statement to the court before the commencement of the |
| 40 |
proceedings, or the part of the proceedings, from which he is |
| |
| |
(c) | to take steps to keep secret all or part of the reasons for the |
| |
court’s decision in the proceedings. |
| |
|
| |
|
| |
|
(2) | The Attorney General or, in Scotland, the Advocate General for |
| |
Scotland, may appoint a person to represent the interests of a claimant |
| |
in, or in any part of, proceedings from which the claimant or his |
| |
representatives are excluded by virtue of subsection (1). |
| |
(3) | A person may be appointed under subsection (2) only— |
| 5 |
(a) | in relation to proceedings in England and Wales, if he has a |
| |
general qualification (within the meaning of section 71 of the |
| |
Courts and Legal Services Act 1990 (c. 41)), or |
| |
(b) | in relation to proceedings in Scotland, if he is— |
| |
| 10 |
(ii) | qualified to practice as a solicitor in Scotland. |
| |
(4) | A person appointed under subsection (2) shall not be responsible to the |
| |
person whose interests he is appointed to represent.” |
| |
| |
| 15 |
In section 67A of the Race Relations Act 1976 (c. 74) (national security)— |
| |
(a) | in subsection (2), for “the claimant and his representatives” substitute |
| |
“the claimant or his representatives”, and |
| |
(b) | in subsection (3)(b), for sub-paragraph (ii) substitute— |
| |
“(ii) | qualified to practice as a solicitor in Scotland.” |
| 20 |
| |
| |
| |
The enactments listed in Schedule 4 are hereby repealed to the extent specified. |
| |
| 25 |
This Act applies (except as is otherwise expressly provided) to— |
| |
(a) | Ministers of the Crown, |
| |
(b) | government departments, |
| |
(c) | office-holders in the Scottish Administration (within the meaning of |
| |
section 126(7) of the Scotland Act 1998 (c. 46)), and |
| 30 |
(d) | other agents of the Crown. |
| |
| |
(1) | The preceding provisions of this Act, except for sections 41, 42 and 84, shall |
| |
come into force in accordance with provision made by the Secretary of State by |
| |
| 35 |
(2) | An order under subsection (1)— |
| |
(a) | shall be made by statutory instrument, |
| |
(b) | may make provision generally or only for a specified purpose, |
| |
(c) | may make different provision for different purposes, and |
| |
|
| |
|
| |
|
(d) | may include transitional provisions and savings. |
| |
| |
(1) | This Act extends only to— |
| |
(a) | England and Wales, and |
| |
| 5 |
(2) | But, except as provided by subsection (3), an amendment of an enactment by |
| |
this Act shall have the same extent as the enactment amended (or as the |
| |
relevant part of the enactment amended). |
| |
(3) | Paragraphs 36 to 38 and 41 to 55 of Schedule 3 (which amend the Estate Agents |
| |
Act 1979 (c. 38) and the Disability Discrimination Act 1995 (c. 50)), together |
| 10 |
with corresponding entries in Schedule 4, shall not extend to Northern Ireland. |
| |
| |
(1) | This Act may be cited as the Equality Act 2005. |
| |
(2) | Nothing in this Act shall impose any charge on the people or on public |
| |
funds, or vary the amount or incidence of or otherwise alter any such charge |
| 15 |
in any manner, or affect the assessment, levying, administration or |
| |
application of any money raised by any such charge. |
| |
|
| |
|