Equality Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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Public sector duties: compliance notice
(1)
This section applies where the Commission thinks that a person has failed to
comply 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.),
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(b)
section 71 of the Race Relations Act 1976 (c. 74) (public authorities: duty
to eliminate discrimination, &c.), or
(c)
section 49A or 49D of the Disability Discrimination Act 1995 (c. 50)
(public authorities: duty to eliminate discrimination, &c.).
(2)
The Commission may give the person a notice requiring him—
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(a)
to comply with the duty, and
(b)
to give the Commission, within the period of 28 days beginning with
the date on which he receives the notice, written information of steps
taken or proposed for the purpose of complying with the duty.
(3)
A notice under this section may require a person to give the Commission
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information required by the Commission for the purposes of assessing
compliance with the duty; in which case the notice shall specify—
(a)
the period within which the information is to be given (which shall
begin with the date on which the notice is received and shall not exceed
three months), and
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(b)
the manner and form in which the information is to be given.
(4)
The Commission may not give a notice under this section in respect of a duty
under section 76A of the Sex Discrimination Act 1975, section 71(1) of the Race
Relations Act 1976 or section 49A of the Disability Discrimination Act 1995
unless—
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(a)
the Commission has carried out an assessment under section 32 above,
and
(b)
the notice relates to the results of the assessment.
(5)
A person who receives a notice under this section shall comply with it.
(6)
But a notice under this section shall not oblige a person to give information—
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(a)
that he is prohibited from disclosing by virtue of an enactment, or
(b)
that he could not be compelled to give in proceedings before the High
Court or the Court of Session.
(7)
Paragraphs 11 and 14 of Schedule 2 shall have effect (with any necessary
modifications) in relation to a requirement imposed by a notice under this
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section as they have effect in relation to a requirement imposed by a notice
under paragraph 9 of that Schedule.
(8)
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 the court for an order requiring the person to
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comply.
(9)
In subsection (8) “the court” means—
(a)
where the notice related to a duty under section 76A of the Sex
Discrimination Act 1975, section 71(1) of the Race Relations Act 1976 or
section 49A of the Disability Discrimination Act 1995, the High Court
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(in England and Wales) or (in Scotland) the Court of Session, and

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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(b)
in any other case, a county court (in England and Wales) or the sheriff
(in Scotland).
(10)
A notice under this section shall specify a time before which the Commission
may not make an application under subsection (8) in respect of the notice.
(11)
Legal proceedings in relation to a duty by virtue of section 76B or 76C of the
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Sex Discrimination Act 1975 (c. 65), section 71(2) of the Race Relations Act 1976
(c. 74) or section 49D of the Disability Discrimination Act 1995 (c. 50)—
(a)
may be brought by the Commission in accordance with subsection (8)
above, and
(b)
may not be brought in any other way.
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Interpretation
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Equality and human rights enactments
(1)
In this Part “the equality enactments” means—
(a)
the Equal Pay Act 1970 (c. 41),
(b)
the Sex Discrimination Act 1975,
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(c)
the Race Relations Act 1976,
(d)
the Disability Discrimination Act 1995,
(e)
Part 2 of this Act,
(f)
regulations under Part 3 of this Act,
(g)
the Employment Equality (Sexual Orientation) Regulations 2003 (S.I.
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2003/1661), and
(h)
the Employment Equality (Religion or Belief) Regulations 2003 (S.I.
2003/1660).
(2)
In this Part “the equality and human rights enactments” means the equality
enactments and the Human Rights Act 1998 (c. 42).
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(3)
The Secretary of State may by order amend the list in subsection (1) so as to—
(a)
add an entry,
(b)
remove an entry, or
(c)
vary an entry.
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Unlawful
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(1)
In this Part (except section 31(3)) “unlawful” means contrary to a provision of
the equality enactments.
(2)
But action is not unlawful for the purposes of this Part by reason only of the
fact that it contravenes a duty under or by virtue of—
(a)
section 76A, 76B or 76C of the Sex Discrimination Act 1975 (public
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authorities: duty to eliminate discrimination, &c.),
(b)
section 71 of the Race Relations Act 1976 (public authorities: duty to
eliminate discrimination, &c.), or
(c)
any of the following provisions of the Disability Discrimination Act
1995—
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(i)
Part 5 (public transport),
(ii)
sections 49A and 49D (public authorities), and
(iii)
section 49G (consent to tenant’s improvements).

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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General
In this Part—
“act” includes deliberate omission,
“groups” has the meaning given by section 10,
“the Commission” means the Commission for Equality and Human
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Rights,
“disabled person” has the meaning given by section 8,
“human rights” has the meaning given by section 9,
“race” includes colour, nationality, ethnic origin and national origin,
“religion or belief” has the same meaning as in Part 2 (as defined by
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section 44), and
“sexual orientation” means an individual’s sexual orientation towards—
(a)
persons of the same sex as him or her,
(b)
persons of the opposite sex, or
(c)
both.
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Dissolution of Existing Commissions
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Dissolution
(1)
The Secretary of State may by order provide for—
(a)
any of the former Commissions to cease to exist, or
(b)
the removal from any of the former Commissions of a specified
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function.
(2)
In this Part “the former Commissions” means—
(a)
the Equal Opportunities Commission,
(b)
the Commission for Racial Equality, and
(c)
the Disability Rights Commission.
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(3)
The Secretary of State shall by exercising the power under subsection (1)
ensure that each of the former Commissions ceases to exist not later than the
end of 31st March 2009.
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Transfer of property, &c.
(1)
An order under section 37(1) in respect of any of the former Commissions may
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provide for the transfer to the Commission for Equality and Human Rights of
specified property, rights and liabilities of the former Commission.
(2)
The Secretary of State may give a former Commission any direction that the
Secretary of State thinks appropriate in connection with the dissolution of the
former Commission or the establishment of the Commission for Equality and
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Human Rights; and a direction may, in particular, require the former
Commission—
(a)
to provide information in connection with property, rights or liabilities;
(b)
to provide information in connection with the exercise of functions;
(c)
to transfer specified property, rights and liabilities to a specified
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person;

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(d)
to make property, staff or facilities available, on such terms or
conditions as may be specified in the direction, to the Commission for
Equality and Human Rights;
(e)
not to take action of a specified kind or in specified circumstances.
(3)
The Secretary of State may direct a former Commission to prepare a scheme for
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the transfer of specified property, rights and liabilities to—
(a)
the Commission for Equality and Human Rights, or
(b)
another person specified in the direction.
(4)
If the Secretary of State gives a direction under subsection (3)—
(a)
the former Commission shall prepare a scheme in accordance with the
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direction, having consulted either the Commission for Equality and
Human Rights or the person specified under subsection (3)(b), and
(b)
the scheme shall have effect—
(i)
when approved by the Secretary of State, and
(ii)
subject to any modifications made by him, having consulted the
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former Commission and either the Commission for Equality
and Human Rights or the person specified under subsection
(3)(b).
(5)
Where a former Commission ceases to exist by virtue of section 37(1)(a), its
property, rights and liabilities shall by virtue of this subsection vest in the
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Commission for Equality and Human Rights (and this subsection operates in
addition to any transfer provided for by virtue of subsection (1) above).
(6)
An order, direction or scheme under or by virtue of this section may, in
particular—
(a)
specify property, rights or liabilities;
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(b)
specify a class or description of property, rights or liabilities;
(c)
specify property, rights or liabilities to a specified extent.
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Transfer of property: supplemental
(1)
A direction under section 38—
(a)
shall be in writing,
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(b)
may be given only following consultation with the former Commission
to which the direction relates and, where the Secretary of State thinks it
appropriate, the Commission for Equality and Human Rights, and
(c)
may be varied or revoked by a further direction.
(2)
In so far as is appropriate as a consequence of a transfer effected by or by virtue
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of section 38—
(a)
anything done by or in relation to any of the former Commissions
which has effect immediately before the transfer shall continue to have
effect as if done by or in relation to the Commission for Equality and
Human Rights, and
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(b)
anything (including any legal proceedings) which immediately before
the transfer is in the process of being done by or in relation to any of the
former Commissions may be continued by or in relation to the
Commission for Equality and Human Rights.
(3)
In so far as is appropriate in consequence of a transfer effected by or by virtue
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of section 38 a reference to any of the former Commissions in an agreement,

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Part 1 — The Commission for Equality and Human Rights
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instrument or other document shall be treated as a reference to the
Commission for Equality and Human Rights.
(4)
Section 38, and a direction, scheme or order under or by virtue of that section,
shall operate in relation to property, rights or liabilities—
(a)
whether or not they would otherwise be capable of being transferred,
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(b)
without any instrument or other formality being required, and
(c)
irrespective of any requirement for consent that would otherwise
apply.
(5)
A scheme or order under or by virtue of section 38 which relates to rights or
liabilities under a contract of employment—
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(a)
must provide for the application of the Transfer of Undertakings
(Protection of Employment) Regulations 1981 (S.I. 1981/1794), and
(b)
must provide that for any purpose relating to an employee of a former
commission who becomes an employee of the Commission for Equality
and Human Rights by virtue of the scheme or order—
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(i)
a period of employment with the former commission shall be
treated as a period of employment with the Commission for
Equality and Human Rights, and
(ii)
the transfer to that Commission shall not be treated as a break
in service.
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Miscellaneous
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Orders and regulations
(1)
An order of a Minister of the Crown under this Part and regulations under this
Part shall be made by statutory instrument.
(2)
An order of a Minister of the Crown under this Part and regulations under this
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Part—
(a)
may make provision generally or only for specified purposes,
(b)
may make different provision for different purposes, and
(c)
may include transitional, incidental or consequential provision.
(3)
An order or regulations under any of the following provisions shall be subject
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to annulment in pursuance of a resolution of either House of Parliament—
(a)
section 15(3),
(b)
section 29,
(c)
section 30,
(d)
section 37, and
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(e)
Part 5 of Schedule 1.
(4)
An order under section 10(6), 15(5), 27(9) or 34(3)—
(a)
may, in particular, make consequential amendment of an enactment
(including this Act and including an enactment in or under an Act of
the Scottish Parliament), and
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(b)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(5)
An incidental provision included in an order or regulations by virtue of
subsection (2)(c) may, in particular, impose a requirement for consent to action
under or by virtue of the order or regulations.
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