Equality Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 4 — Public Functions
53

(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
to comply.”
(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.”
84
Codes of practice
In the Sex Discrimination Act 1975 the following shall be inserted after section
15
76D (inserted by section 83 above)—
“76E
Codes of practice
(1)
The Commission may issue a code of practice about the performance
of—
(a)
the duty under section 76A(1), or
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(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
court or tribunal).
(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
subsection (2) above, or
30
(b)
making an order under section 56A(7) as applied by subsection
(2) above.”
85
National security
In the Sex Discrimination Act 1975 the following shall be inserted after section
66A (burden of proof in county and sheriff courts)—
35
“66B
National security
(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
(i)
the claimant;
(ii)
the claimant’s representatives;
(iii)
any assessors;

Equality Bill [HL]
Part 4 — Public Functions
54

(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
excluded;
(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).
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(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
(i)
an advocate, or
(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)”.
87
National security
25
In the Disability Discrimination Act 1995 the following shall be inserted after
section 59 (statutory authority, national security, &c.)—
“59A
National security
(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
security—
(a)
to exclude from all or part of the proceedings—
35
(i)
the claimant;
(ii)
the claimant’s representatives;
(iii)
any assessors;
(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
excluded;
(c)
to take steps to keep secret all or part of the reasons for the
court’s decision in the proceedings.

Equality Bill [HL]
Part 5 — General
55

(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—
(i)
an advocate, or
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.”
Race discrimination
88
National security
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.”
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Part 5
General
89
Repeals
The enactments listed in Schedule 4 are hereby repealed to the extent specified.
90
Crown application
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.
91
Commencement
(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
order.
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

Equality Bill [HL]
Part 5 — General
56

(d)
may include transitional provisions and savings.
92
Extent
(1)
This Act extends only to—
(a)
England and Wales, and
(b)
Scotland.
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.
93
Short title
(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.