Equality Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 5 — General
59

(d)
may include transitional provisions and savings.
94
Extent
(1)
This Act extends only to—
(a)
England and Wales, and
(b)
Scotland.
5
(2)
But—
(a)
section 82 extends only to Northern Ireland, and
(b)
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).
10
(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
with corresponding entries in Schedule 4, shall not extend to Northern Ireland.
95
Short title
This Act may be cited as the Equality Act 2005.
15

60
Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 1 — Constitution

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
61

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
62

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
63

(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
64

      (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(3)(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
65

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(3)(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.