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Equality Bill [HL]


Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 1 — Constitution

57

 

Schedules

Schedule 1

Section 2

 

The Commission: Constitution, &c.

Part 1

Constitution

5

Membership

1     (1)  

The Secretary of State shall appoint not less than 10 or more than 15

individuals as members of the Commission (to be known as

Commissioners).

      (2)  

The chief executive of the Commission (appointed under paragraph 7

10

below) shall be a Commissioner ex officio.

2     (1)  

In appointing Commissioners the Secretary of State shall—

(a)   

appoint an individual only if the Secretary of State thinks that the

individual—

(i)   

has experience or knowledge relating to a relevant matter, or

15

(ii)   

is suitable for appointment for some other special reason, and

(b)   

have regard to the desirability of the Commissioners together having

experience and knowledge relating to the relevant matters.

      (2)  

For the purposes of sub-paragraph (1) the relevant matters are those matters

in respect of which the Commission has functions including, in particular—

20

(a)   

discrimination (whether on grounds of age, disability, gender,

gender reassignment, race, religion or belief, sexual orientation or

otherwise), and

(b)   

human rights.

      (3)  

The Secretary of State shall ensure that the Commission includes—

25

(a)   

a Commissioner appointed under paragraph 1(1) who is (or has

been) a disabled person,

(b)   

a Commissioner appointed under paragraph 1(1), with the consent

of the Scottish Ministers, who knows about conditions in Scotland,

and

30

(c)   

a Commissioner appointed under paragraph 1(1), with the consent

of the National Assembly for Wales, who knows about conditions in

Wales.

      (4)  

A person may not be appointed for the purpose of satisfying more than one

paragraph of sub-paragraph (3).

35

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 1 — Constitution

58

 

Tenure

3     (1)  

A Commissioner shall hold and vacate office in accordance with the terms

of his appointment (subject to this Schedule).

      (2)  

The appointment of a Commissioner must be expressed to be for a specified

period of not less than two years or more than five years.

5

      (3)  

A Commissioner whose period of membership has expired may be re-

appointed.

      (4)  

A Commissioner may resign by notice in writing to the Secretary of State.

      (5)  

The Secretary of State may dismiss a Commissioner who is, in the opinion of

the Secretary of State, unable, unfit or unwilling to perform his functions.

10

      (6)  

This paragraph does not apply to the chief executive.

Chairman

4     (1)  

The Secretary of State shall appoint—

(a)   

a Commissioner as Chairman, and

(b)   

one or more Commissioners as deputy Chairman.

15

      (2)  

The Chairman shall—

(a)   

preside over meetings of the Commission,

(b)   

perform such functions as may be specified in the terms of his

appointment, and

(c)   

perform such other functions as may be assigned to him by the

20

Commission.

      (3)  

A deputy Chairman—

(a)   

may act for the Chairman when he is unavailable, and

(b)   

shall perform—

(i)   

such functions as may be specified in the terms of his

25

appointment, and

(ii)   

such other functions as the Chairman may delegate or assign

to him.

      (4)  

The Chairman or a deputy Chairman—

(a)   

shall vacate office if he ceases to be a Commissioner,

30

(b)   

may resign by notice in writing to the Secretary of State, and

(c)   

otherwise, shall hold and vacate office in accordance with the terms

of his appointment (and may be reappointed).

      (5)  

If the Chairman resigns he shall cease to be a Commissioner (but he may be

reappointed as a Commissioner).

35

      (6)  

The chief executive may not be appointed Chairman or deputy Chairman.

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings

59

 

Part 2

Proceedings

Procedure

5          

The Commission may regulate its own proceedings (subject to this

Schedule).

5

6     (1)  

The Commission shall determine a quorum for its meetings.

      (2)  

At least five Commissioners must participate in the process by which a

determination under sub-paragraph (1) is made.

Staff

7     (1)  

The Commission—

10

(a)   

shall appoint a chief executive, and

(b)   

may appoint other staff.

      (2)  

A person may be appointed under sub-paragraph (1)(a) only with the

consent of the Secretary of State.

      (3)  

An appointment may be made under sub-paragraph (1)(b) only if consistent

15

with arrangements determined by the Commission and approved by the

Secretary of State as to—

(a)   

numbers, and

(b)   

terms and conditions of appointment.

8          

At the end of section 3(2) of the Employers’ Liability (Compulsory

20

Insurance) Act 1969 (c. 57) (exempt employers) add—

   

“; and

(c)   

the Commission for Equality and Human Rights.”

Investigating Commissioners

9     (1)  

The Commission may appoint one or more Investigating Commissioners.

25

      (2)  

An Investigating Commissioner may be appointed only—

(a)   

for the purpose of having delegated to him by the Commission the

function of taking action of a kind listed in sub-paragraph (3), and

(b)   

with the consent of the Secretary of State.

      (3)  

The kinds of action referred to in sub-paragraph (2)(a) are—

30

(a)   

carrying out an inquiry under section 16,

(b)   

carrying out an investigation under section 20,

(c)   

giving an unlawful act notice under section 21, and

(d)   

entering into an agreement under section 23.

      (4)  

An Investigating Commissioner is not a Commissioner; but paragraphs 3(1),

35

(4) and (5) and 33 apply to him as if he were (and with the substitution of

references to the Commission for references to the Secretary of State).

Delegation

10    (1)  

The Commission may delegate a function—

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings

60

 

(a)   

to a Commissioner,

(b)   

to staff, or

(c)   

in accordance with paragraph 9, to an Investigating Commissioner.

      (2)  

Paragraphs 15, 21, 22, 29, 30 and 52 make provision about delegation to

committees.

5

Committees

11    (1)  

The Commission may establish one or more committees (to be known as

advisory committees) to advise—

(a)   

the Commission, or

(b)   

an Investigating Commissioner.

10

      (2)  

An advisory committee may include any of the following—

(a)   

Commissioners;

(b)   

staff;

(c)   

other non-Commissioners.

12    (1)  

The Commission may establish one or more committees to whom the

15

Commission may delegate functions (to be known as decision-making

committees).

      (2)  

A decision-making committee may include any of the following—

(a)   

Commissioners;

(b)   

staff;

20

(c)   

other non-Commissioners.

      (3)  

The Commission shall ensure that the Chairman of each decision-making

committee is a Commissioner.

      (4)  

In allocating its resources the Commission shall ensure that each decision-

making committee receives a share sufficient to enable it to exercise its

25

functions.

13         

A member of a committee shall hold and vacate office in accordance with the

terms of his appointment by the Commission (which may include provision

for dismissal).

14         

The Commission—

30

(a)   

may, to any extent, regulate the proceedings of a committee (and

may, in particular, determine a quorum for meetings),

(b)   

may, to any extent, permit a committee to regulate its own

proceedings (and may, in particular, enable a committee to

determine a quorum for meetings), and

35

(c)   

may dissolve a committee.

15    (1)  

The Commission may delegate a function to a decision-making committee.

      (2)  

This paragraph is subject to paragraphs 21, 22, 29, 30 and 52.

Scotland Committee

16    (1)  

The Commission shall establish a decision-making committee to be known

40

as the Scotland Committee.

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings

61

 

      (2)  

The Commission shall ensure that the Scotland Committee is established

before any of sections 8 to 12 comes into force (to any extent).

17         

The Commission shall appoint as the Chairman of the Scotland Committee

a Commissioner appointed for the purpose of satisfying paragraph 2(2)(b).

18         

The Commission shall appoint each member of the Scotland Committee for

5

a period of not less than two years or more than 5 years, subject to the

possibilities of—

(a)   

reappointment, and

(b)   

dismissal in accordance with the terms of appointment.

19         

The Scotland Committee shall advise the Commission about the exercise of

10

the Commission’s functions in so far as they affect Scotland.

20         

Before exercising a function in a manner which in the opinion of the

Commission is likely to affect persons in Scotland, the Commission shall

consult the Scotland Committee.

21    (1)  

The power under section 13

15

(a)   

shall be treated by virtue of this paragraph as having been delegated

by the Commission to the Scotland Committee in so far as its

exercise, in the opinion of the Commission, affects Scotland, and

(b)   

to that extent shall not be exercisable by the Commission.

      (2)  

Sub-paragraph (1) shall not apply to the power under section 13 in so far as

20

it is treated as delegated to the Disability Committee in accordance with

paragraph 52.

      (3)  

Sub-paragraph (1) shall not prevent the Commission from making

arrangements under section 13(1)(d) or (e) for the provision of advice or

guidance to persons anywhere in Great Britain.

25

22    (1)  

The power under section 11(2)(c)—

(a)   

shall be treated by virtue of this paragraph as having been delegated

by the Commission to the Scotland Committee in so far as it concerns

the giving of advice to devolved government about enactments

which, in the opinion of the Commission, affect only Scotland, and

30

(b)   

to that extent shall not be exercisable by the Commission.

      (2)  

The power under section 11(2)(d)—

(a)   

shall be treated by virtue of this paragraph as having been delegated

by the Commission to the Scotland Committee in so far as it concerns

the giving of advice to devolved government about proposed

35

changes in the law which, in the opinion of the Commission, would

affect only Scotland, and

(b)   

to that extent shall not be exercisable by the Commission.

      (3)  

Sub-paragraphs (1) and (2) shall not apply to the powers under section

11(2)(c) and (d) in so far as they are treated as delegated to the Disability

40

Committee in accordance with paragraph 52.

23         

In allocating its resources the Commission shall ensure that the Scotland

Committee receives a share sufficient to enable it to exercise its functions.

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 2 — Proceedings

62

 

Wales Committee

24    (1)  

The Commission shall establish a decision-making committee to be known

as the Wales Committee.

      (2)  

The Commission shall ensure that the Wales Committee is established

before any of sections 8 to 12 comes into force (to any extent).

5

25         

The Commission shall appoint as the Chairman of the Wales Committee a

Commissioner appointed for the purpose of satisfying paragraph 2(2)(c).

26         

The Commission shall appoint each member of the Wales Committee for a

period of not less than two years or more than 5 years, subject to the

possibilities of—

10

(a)   

reappointment, and

(b)   

dismissal in accordance with the terms of appointment.

27         

The Wales Committee shall advise the Commission about the exercise of its

functions in so far as they affect Wales.

28         

Before exercising a function in a manner which in the opinion of the

15

Commission is likely to affect persons in Wales, the Commission shall

consult the Wales Committee.

29    (1)  

The power under section 13

(a)   

shall be treated by virtue of this paragraph as having been delegated

by the Commission to the Wales Committee in so far as its exercise,

20

in the opinion of the Commission, affects Wales, and

(b)   

to that extent shall not be exercisable by the Commission.

      (2)  

Sub-paragraph (1) does not apply to the power under section 13 in so far as

it is treated as delegated to the Disability Committee in accordance with

paragraph 52.

25

      (3)  

Sub-paragraph (1) shall not prevent the Commission from making

arrangements under section 13(1)(d) or (e) for the provision of advice or

guidance to persons anywhere in Great Britain.

30    (1)  

The power under section 11(2)(c)—

(a)   

shall be treated by virtue of this paragraph as having been delegated

30

by the Commission to the Wales Committee in so far as it concerns

the giving of advice to devolved government about enactments

which, in the opinion of the Commission, affect only Wales, and

(b)   

to that extent shall not be exercisable by the Commission.

      (2)  

The power under section 11(2)(d)—

35

(a)   

shall be treated by virtue of this paragraph as having been delegated

by the Commission to the Wales Committee in so far as it concerns

the giving of advice to devolved government about proposed

changes in the law which, in the opinion of the Commission, would

affect only Wales, and

40

(b)   

to that extent shall not be exercisable by the Commission.

      (3)  

Sub-paragraphs (1) and (2) shall not apply to the powers under section

11(2)(c) and (d) in so far as they are treated as delegated to the Disability

Committee in accordance with paragraph 52.

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 3 — Money

63

 

31         

In allocating its resources the Commission shall ensure that the Wales

Committee receives a share sufficient to enable it to exercise its functions.

Annual report

32    (1)  

The Commission shall for each financial year prepare a report on the

performance of its functions in that year (to be known as its annual report).

5

      (2)  

An annual report shall, in particular, indicate in what manner and to what

extent the Commission’s performance of its functions has accorded to the

plan under section 4.

      (3)  

The matters addressed by an annual report shall, in particular, include the

Commission’s activities in relation to—

10

(a)   

Scotland, and

(b)   

Wales.

      (4)  

The Commission shall send each annual report to the Secretary of State

within such period, beginning with the end of the financial year to which the

report relates, as he may specify.

15

      (5)  

The Secretary of State shall lay before Parliament a copy of each annual

report received under sub-paragraph (4).

      (6)  

The Commission shall send a copy of each annual report to—

(a)   

the Scottish Parliament, and

(b)   

the National Assembly for Wales.

20

Savings

33         

The validity of proceedings of the Commission shall not be affected by—

(a)   

a vacancy (whether for Commissioner, Chairman, deputy Chairman

or chief executive), or

(b)   

a defect in relation to an appointment.

25

34         

The validity of proceedings of a committee of the Commission shall not be

affected by—

(a)   

a vacancy (including a vacancy in the office of Chairman), or

(b)   

a defect in relation to an appointment (including a defect in relation

to the office of Chairman).

30

Part 3

Money

Remuneration, &c.

35    (1)  

The Commission may pay to the Chairman, a deputy Chairman or another

Commissioner—

35

(a)   

such remuneration as the Secretary of State may determine, and

(b)   

such travelling and other allowances as the Secretary of State may

determine.

      (2)  

The Commission may pay to or in respect of the Chairman, a deputy

Chairman or another Commissioner such sums as the Secretary of State may

40

determine by way of, or in respect of, pensions, allowances or gratuities.

 

 

 
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