Amendments proposed to the Equality Bill [Lords] - continued | House of Commons |
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Specific duties: enforcement
Sandra Gidley NC5 *To move the following Clause:'(1) This section applies where the Commission thinks that a person has failed to comply with a duty imposed under section [Specific duties] or [Specific duties: Scotland]. (2) The Commission may give the person a notice requiring him
(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 section has been given, has failed to comply with a requirement of the notice, the Commission may apply to a count court (in England and Wales) or to the sheriff (in Scotland) for an order requiring the person to comply.'.
Codes of Practice
Sandra Gidley NC6 *To move the following Clause:'(1) The Commission may issue a code of practice about the performance of
(3) The Secretary of State shall consult the Scottish Ministers and the National Assembly for Wales before
Specific duties: Scotland
Sandra Gidley NC7 *To move the following Clause:'(1) Section [Public authorities: general statutory duty] (1) shall not apply in relation to a person who is a relevant Scottish authority or a cross-border authority. (2) The Secretaty of State may by order impose on a cross-border authority to whom the duty under section [Public authorites: general statutory duty] (1) applies, or insofar as that duty applies to the cross-border authority, a duty which the Secretary of State thinks will ensure better performance of the duty under section [Public authorities: statutory duty] (1) to the extent that the cross-border authority's functions are not Scottish functions. (3) The Scottish Ministers may by order impose on a relevant Scottish authority to whom the duty under section [Public authorities: statutory duty] (1) applies, or insofar as that duty applies to the relevant Scottish authority, a duty which the Scottish Ministers think will ensure better perfomance of the duty under section [Public authorities: statutory duty] (1). (4) The Scottish Ministers may by order imposer cross-border authority to whom the duty under section [Public authorities: statutory duty] (1) applies, or insofar as that duty applies to the cross-border authority, a duty which the Scottish Ministers think will ensure better performance of the duty under section [Public authorities: statutory duty] (1), to the extent that the cross-border authority's functions are Scottish functions. (5) Before making an order under any of subsections (2) to (4) the person making the the order shall consult the Commission. (6) Before making an order under subsection (2) the Secretary of State shall consult the Scottish Ministers. (7) Before making an order under subsection (4) the Scottish Ministers shall consult the Secretary of State. (8) A failure in respect of performance of a duty imposed under this section does not confer a cause of action at private law. (9) In this section "relevant Scottish authority" has the meaning
(11) An order under subsection (3) or (4) is subject to annulment in pursuance of a resolution of the Scottish Parliament.'.
Monitoring of exception in relation to immigration cases
Sandra Gidley NC8 *To move the following Clause:'(1) The Secretary of State shall appoint a person who is not a member of his staff to monitor immigration cases. (2) The person appointed under subsection (1) shall monitor in such manner as the Secretary of State may determine the operation of the exception in section 51 (4) (f). (3) The monitor shall make an annual report on the discharge of his functions to the Secretary of State. (4) The Secretary of State shall lay a copy of any report made to him under subsection (3) before both Houses of Parliament. (5) The Secretary of State shall pay to the monitor such fees and allowances as he may determine. (6) In this section "the monitor" has the meaning of the person appointed under subsection (1).'.
Public authorities and human rights
Sandra Gidley NC9 *To move the following Clause:'(1) This section applies to any establishment or agency within the scope of sections 1 to 4 of the Care Standards Act 2000. (2) Any care establishment or agency is deemed to be a public authority in relation to the provision of care services subject to the Care Standards Act for the purpose of section 6 of the Human Rights Act 1998.'.
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