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

(v)
Part 2 of this Act, or
(b)
in any other case, apply to a county court (in England and Wales) or the
sheriff (in Scotland).
(4)
On a complaint or application under subsection (3) in respect of an alleged act
to which this section applies, the tribunal, court or sheriff shall determine
5
whether the allegation is correct.
(5)
The Commission may apply to a county court (in England and Wales) for an
injunction restraining a person from doing an act to which this section applies
where—
(a)
either—
10
(i)
a tribunal or court 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 if unrestrained the person is likely to do
15
another act to which this section applies.
(6)
The Commission may apply to the sheriff (in Scotland) for an interdict
prohibiting a person from doing an act to which this section applies where—
(a)
either—
(i)
a tribunal or the sheriff has determined under subsection (4)
20
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
do another act to which this section applies.
25
(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—
(a)
within the period of six months beginning with the date (or last date)
30
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
the determination—
35
(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—
(a)
within the period of five years beginning with the date (or last date) on
40
which the unlawful act referred to in that subsection occurred, or
(b)
with the permission of the court or sheriff.

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

27
Conciliation
(1)
The Commission may make arrangements for the provision of conciliation
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),
5
(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
1995 (c. 50) (civil proceedings),
(d)
section 66 below,
(e)
a provision of regulations under Part 3 of this Act corresponding to
10
section 66 below,
(f)
regulation 31 of the Employment Equality (Religion or Belief)
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).
15
(2)
The Commission may make arrangements for the provision of conciliation
services for disputes about a landlord’s reasonableness in relation to consent to
the making of an improvement to a dwelling in England or Wales 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.
20
(3)
The Commission may make arrangements for the provision of conciliation
services for disputes about whether—
(a)
it is unreasonable for a landlord of a house (within the meaning of the
Housing (Scotland) Act 2006 (asp 00)) in Scotland to withhold consent
to the carrying out of work in relation to the house for the purpose of
25
making the house suitable for the accommodation, welfare or
employment of any disabled person who occupies, or intends to
occupy, the house as a sole or main residence, or
(b)
any condition imposed by such a landlord on consenting to the
carrying out of such work is unreasonable.
30
(4)
The Commission shall aim to exercise the powers in subsections (1) to (3) so as
to ensure that, so far as is reasonably practicable, conciliation services are
available to parties who want them.
(5)
Information communicated to a person providing conciliation services in
accordance with arrangements under this section may not be adduced in legal
35
proceedings without the consent of the person who communicated the
information.
(6)
None of the following shall participate in the provision of conciliation services
for which arrangements are made under this section—
(a)
a Commissioner,
40
(b)
a member of the Commission’s staff,
(c)
a member of a committee established by the Commission, and
(d)
an Investigating Commissioner.
(7)
The Commission shall make administrative arrangements designed to secure
that information in connection with conciliation services provided in
45
accordance with arrangements made under this section is not disclosed to—
(a)
a Commissioner, or
(b)
a member of the Commission’s staff.

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
17

(8)
But subsection (7) shall not apply to a disclosure—
(a)
made with the consent of the parties to the dispute to which it relates,
(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.
5
(9)
In this section “conciliation services” means a service which is provided—
(a)
by a person who is not party to a dispute,
(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.
10
(10)
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
the provision of conciliation services.
28
Conciliation: rented housing in Scotland
(1)
In the Disability Discrimination Act 1995 (c. 50), the following shall be inserted
15
after section 49H (conciliation of disputes about improvements to let dwelling
houses in England and Wales)—
“49I
Conciliation of disputes: rented housing in Scotland
(1)
The Disability Rights Commission may make arrangements with any
other person for the provision of conciliation services by, or by persons
20
appointed by, that person in relation to a dispute of any description
concerning the question whether—
(a)
it is unreasonable for a landlord to withhold consent to the
carrying out of any relevant work in relation to a house (within
the meaning of the Housing (Scotland) Act 2006 (asp 00)) in
25
Scotland, or
(b)
any condition imposed by a landlord on consenting to the
carrying out of any such work is unreasonable.
(2)
Subsections (2) to (8) of section 28 apply for the purpose of this section
as they apply for the purpose of that section and for that purpose a
30
reference in that section to—
(a)
a dispute arising under Part 3 is to be construed as a reference
to a dispute mentioned in subsection (1), and
(b)
arrangements under that section is to be construed as a
reference to arrangements under subsection (1).
35
(3)
In subsection (1), “relevant work”, in relation to a house, means work
for the purpose of making the house suitable for the accommodation,
welfare or employment of any disabled person who occupies, or
intends to occupy, the house as a sole or main residence.”
(2)
In section 53A (codes of practice) of that Act—
40
(a)
after subsection (1E) insert—
“(1F)
The Commission may prepare and issue codes of practice
giving practical guidance to landlords and tenants of houses
(within the meaning of the Housing (Scotland) Act 2006 (asp
00)) in Scotland as to—
45

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
18

(a)
circumstances in which the tenant requires the consent
of the landlord to the carrying out of work in relation to
the house for the purpose of making the house suitable
for the accommodation, welfare or employment of any
disabled person who occupies, or intends to occupy, the
5
house as a sole or main residence,
(b)
circumstances in which it is unreasonable to withhold
such consent,
(c)
circumstances in which any condition imposed on the
granting of such consent is unreasonable, and
10
(d)
the application, in relation to such work, of—
(i)
sections 28 to 31 and 34(6) of the Housing
(Scotland) Act 2001 (asp 10), and
(ii)
sections 52, 53 and 64(6) of the Housing
(Scotland) Act 2006 (asp 00).”
15
(b)
after subsection (4A) insert—
“(4B)
Where a draft code of practice under subsection (1F) is
submitted to the Secretary of State for approval, the Secretary of
State must, before deciding whether to approve it, consult the
Scottish Ministers.”
20
(c)
after subsection (6A) insert—
“(6B)
Before appointing a day under subsection (6)(a) for the coming
into effect of a code of practice under subsection (1F), the
Secretary of State shall consult the Scottish Ministers.”
(d)
after subsection (8A) insert—
25
“(8B)
Subsection (8A) does not apply to a code of practice under
subsection (1F).”
(3)
In section 7 of the Disability Rights Commission Act 1999 (c. 17) (provision of
assistance in relation to proceedings), in subsection (1), after paragraph (aa)
insert—
30
“(ab)
proceedings in Scotland of any description to the extent that the
question whether—
(i)
it is unreasonable for a landlord to withhold consent to
the carrying out of work in relation to a house (within
the meaning of the Housing (Scotland) Act 2006 (asp
35
00)) in Scotland for the purpose of making the house
suitable for the accommodation, welfare or employment
of any disabled person who occupies, or intends to
occupy, the house as a sole or main residence, or
(ii)
any condition imposed by a landlord on consenting to
40
the carrying out of any such work is unreasonable,

falls to be considered in the proceedings,”.
29
Legal assistance
(1)
The Commission may assist an individual who is or may become party to legal
proceedings if—
45
(a)
the proceedings relate or may relate (wholly or partly) to a provision of
the equality enactments, and

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
19

(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 in England and Wales if and in so far as the proceedings concern
or may concern the question of a landlord’s reasonableness in relation to
5
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.
(3)
The Commission may assist an individual who is or may become a party to
legal proceedings in Scotland if and in so far as the proceedings concern or may
10
concern the question whether—
(a)
it is unreasonable for a landlord to withhold consent to the carrying out
of work in relation to a house (within the meaning of the Housing
(Scotland) Act 2006 (asp 00)) for the purpose of making the house
suitable for the accommodation, welfare or employment of any
15
disabled person who occupies, or intends to occupy, the house as a sole
or main residence, or
(b)
any condition imposed by a landlord on consenting to the carrying out
of such work is unreasonable.
(4)
In giving assistance under this section the Commission may provide or arrange
20
for the provision of—
(a)
legal advice;
(b)
legal representation;
(c)
facilities for the settlement of a dispute;
(d)
any other form of assistance.
25
(5)
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).
(6)
Where proceedings relate or may relate partly to a provision of the equality
enactments and partly to other matters—
30
(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
enactments, assistance may not be continued under subsection (1) in
35
respect of the proceedings (except in so far as it is permitted by virtue
of subsection (7) or (8).
(7)
The Lord Chancellor may by order disapply subsection (6)(b), and enable the
Commission to give assistance under subsection (1), in respect of legal
proceedings which—
40
(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
meaning given by section 1 of the Human Rights Act 1998 (c. 42).
45
(8)
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

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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permit assistance in relation to alleged behaviour contrary to a provision of
Part V of the Disability Discrimination Act 1995.
(9)
An order under subsection (7) or (8) 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 (7) may, in particular, refer to specified provisions
5
of the equality enactments) or in relation to specified circumstances.
(10)
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
10
(b)
in accordance with the practice of a court.
(11)
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.
(12)
A reference in this section to a provision of the equality enactments includes a
15
reference to a provision of Community law which—
(a)
relates to discrimination on grounds of sex (including reassignment of
gender), racial origin, ethnic origin, religion, belief, disability, age or
sexual orientation, and
(b)
confers rights on individuals.
20
(13)
In its application by virtue of subsection (12), subsection (1)(b) shall have effect
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
25
Community law.
30
Legal assistance: costs
(1)
This section applies where—
(a)
the Commission has assisted an individual under section 29 in relation
to proceedings, and
30
(b)
the individual becomes entitled to some or all of his costs in the
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
35
(b)
may be enforced as a debt due to the Commission.
(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
40
section 17(2A) of the Legal Aid (Scotland) Act 1986 (c. 47) (requirement in
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
45

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
21

makes for the purpose by regulations; and regulations may, in particular,
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
5
as a reference to expenses.
31
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
10
which the Commission has a function.
(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).
(3)
The Commission may, in the course of legal proceedings for judicial review
15
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
unlawful act to which the proceedings relate,
20
(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
the exception in section 8(3) of that Act applies);
25

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
(b)
are, except as provided by subsection (3), subject to any limitation or
30
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.
32
Public sector duties: assessment
(1)
The Commission may assess the extent to which or the manner in which a
35
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
to eliminate discrimination, &c.), or
40
(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.