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Equality Bill [HL]


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

66

 

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.

 

 

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

67

 

      (3)  

If the Secretary of State thinks that there are special circumstances that make

it right for a person ceasing to hold office as Chairman, deputy Chairman or

Commissioner to receive compensation, the Commission may pay to him

such compensation as the Secretary of State may determine.

      (4)  

This paragraph does not apply to the Chief Executive.

5

36    (1)  

The Commission may pay sums to or in respect of a member or former

member of staff by way of or in respect of—

(a)   

remuneration,

(b)   

allowances,

(c)   

pensions,

10

(d)   

gratuities, or

(e)   

compensation for loss of employment.

      (2)  

In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which

superannuation schemes may extend) in the list of other bodies insert at the

appropriate place—

15

(a)   

“The Commission for Equality and Human Rights.”

      (3)  

The Commission shall pay to the Minister for the Civil Service such sums as

he may determine in respect of any increase attributable to sub-paragraph

(2) in the sums payable out of money provided by Parliament under the

Superannuation Act 1972 (c. 11).

20

37    (1)  

The Commission may, with the approval of the Secretary of State, pay sums

to or in respect of a member or former member of an advisory or decision-

making committee by way of or in respect of—

(a)   

remuneration,

(b)   

allowances, or

25

(c)   

gratuities.

      (2)  

This paragraph does not apply in relation to a person who is a member of

staff of the Commission.

      (3)  

Approval for the purposes of sub-paragraph (1) may be general or specific.

Funding by Secretary of State

30

38         

The Secretary of State shall pay to the Commission such sums as appear to

the Secretary of State reasonably sufficient for the purpose of enabling the

Commission to perform its functions.

Charging

39         

The Commission may make a charge for a service provided under section 13

35

or 27.

Accounts

40    (1)  

The Commission shall—

(a)   

keep proper accounting records, and

(b)   

prepare a statement of accounts in respect of each financial year in

40

such form as the Secretary of State may direct.

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 4 — Status, &c.

68

 

      (2)  

The Commission shall send a copy of a statement under sub-paragraph

(1)(b) to—

(a)   

the Secretary of State, and

(b)   

the Comptroller and Auditor General.

      (3)  

A copy of a statement must be sent under sub-paragraph (2) within such

5

period, beginning with the end of the financial year to which the statement

relates, as the Secretary of State may direct.

      (4)  

The Comptroller and Auditor General shall—

(a)   

examine, certify and report on a statement received under this

paragraph, and

10

(b)   

lay a copy of the statement and his report before Parliament.

      (5)  

The Secretary of State may make a direction under sub-paragraph (1)(b) only

with the consent of the Treasury.

Financial year

41    (1)  

The financial year of the Commission shall be the period of 12 months

15

ending with 31st March.

      (2)  

But the first financial year of the Commission shall be the period—

(a)   

beginning with the coming into force of section 1, and

(b)   

ending with—

(i)   

the following 31st March, if that section comes into force on

20

1st April, and

(ii)   

the second following 31st March, in any other case.

Part 4

Status, &c.

Status

25

42    (1)  

The Commission shall not—

(a)   

be regarded as the servant or agent of the Crown, or

(b)   

enjoy any status, immunity or privilege of the Crown.

      (2)  

Service as Commissioner, Investigating Commissioner or employee of the

Commission is not employment in the civil service of the State.

30

      (3)  

The Secretary of State shall have regard to the desirability of ensuring that

the Commission is under as few constraints as reasonably possible in

determining—

(a)   

its activities,

(b)   

its timetables, and

35

(c)   

its priorities.

Supervision

43         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)

(departments, &c. subject to investigation) at the appropriate place insert—

   

“The Commission for Equality and Human Rights.”

40

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 5 — Disability Committee

69

 

Disqualifications

44    (1)  

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975

(c. 24) (bodies all members of which are disqualified) at the appropriate

place insert—

   

“The Commission for Equality and Human Rights.”

5

      (2)  

In Part III of that Schedule (other disqualifying offices) at the appropriate

place insert—

   

“Investigating Commissioner of, or member of a decision-

making committee of, the Commission for Equality and

Human Rights.”

10

45    (1)  

In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (c. 25) (bodies all members of which are disqualified) at the

appropriate place insert—

   

“The Commission for Equality and Human Rights.”

      (2)  

In Part III of that Schedule (other disqualifying offices) at the appropriate

15

place insert—

   

“Investigating Commissioner of, or member of a decision-

making committee of, the Commission for Equality and

Human Rights.”

46         

A Commissioner or Investigating Commissioner, and a member of a

20

decision-making committee of the Commission, shall be disqualified from

being a member of the National Assembly for Wales.

Records

47         

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public

records) at the appropriate place in Part II of the Table at the end of

25

paragraph 3 insert—

   

“The Commission for Equality and Human Rights.”

Freedom of information

48         

In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)

(public bodies) at the appropriate place insert—

30

   

“The Commission for Equality and Human Rights.”

Part 5

Disability Committee

Establishment

49    (1)  

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

35

as the Disability Committee.

      (2)  

The Commission shall ensure that the Disability Committee is established

before either section 8 or section 10, in so far as they relate to disability,

comes into force (to any extent).

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 5 — Disability Committee

70

 

Membership

50    (1)  

The Commission shall ensure that—

(a)   

there are not less than 7 or more than 9 members of the Disability

Committee,

(b)   

at least one half of the members are (or have been) disabled persons,

5

and

(c)   

the Chairman is (or has been) a disabled person.

      (2)  

The Transition Commissioner nominated by the chairman of the Disability

Rights Commission may not be a member of the Disability Committee.

51         

The appointment of each member of the Disability Committee shall be for a

10

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

possibilities of—

(a)   

reappointment,

(b)   

dismissal in accordance with the terms of appointment, and

(c)   

the lapsing of the appointment upon the dissolution of the

15

Committee.

Functions

52    (1)  

The Commission shall by virtue of this paragraph be treated as having

delegated to the Disability Committee—

(a)   

the Commission’s duty under section 8 in so far as it relates to

20

disability matters and may be fulfilled by the exercise of the powers

conferred by or referred to in—

(i)   

section 11,

(ii)   

section 13(1)(a), (c) or (d) (or paragraph (e) or (f) in so far as it

relates to paragraph (a), (c) or (d)),

25

(iii)   

section 14,

(iv)   

section 15,

(v)   

section 19, in so far as it relates to disability,

(vi)   

section 27,

(vii)   

section 29, or

30

(viii)   

section 31,

(b)   

the Commission’s duty under section 10 in so far as it relates to

disability and may be fulfilled by the exercise of those powers, and

(c)   

those powers in so far as they are or may be exercised for the purpose

of disability matters.

35

      (2)  

Delegation under this paragraph shall not prevent the exercise by the

Commission of a power, or the fulfilment by the Commission of a duty, by

action which relates partly to disability matters and partly to other matters.

      (3)  

In this paragraph “disability matters” means—

(a)   

matters provided for in Parts 1, 3, 4, 5 and 5B of the Disability

40

Discrimination Act 1995 (c. 50),

(b)   

sections 8 and 10 above, in so far as they relate to disability, and

(c)   

matters addressed in sections 14(3) and (4), 27(2) and (3) and 29(2)

and (3).

 

 

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 5 — Disability Committee

71

 

      (4)  

Before exercising a power to which paragraph 21(2) or 22(3) applies the

Disability Committee shall consult the Scotland Committee.

      (5)  

Before exercising a power to which paragraph 29(2) or 30(3) applies the

Disability Committee shall consult the Wales Committee.

53         

Before exercising a power or fulfilling a duty wholly or partly in relation to

5

a matter affecting disabled persons (including, in particular, any matter

provided for in Part 2 of the Disability Discrimination Act 1995 (c. 50)) the

Commission shall consult the Disability Committee.

54         

The Disability Committee shall advise the Commission about the exercise of

the Commission’s functions in so far as they affect disabled persons

10

(including, in particular, in so far as they relate to any matter provided for

in Part 2 of the Disability Discrimination Act 1995).

Resources

55         

In allocating its resources the Commission shall ensure that the Disability

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

15

Report

56    (1)  

The Disability Committee shall for each financial year of the Commission

submit to the Commission a report on the Committee’s activities in that

year.

      (2)  

The Commission shall incorporate each report of the Disability Committee

20

under sub-paragraph (1) into the relevant annual report of the Commission.

5-year review

57         

The Commission shall arrange for a review of the activities of the Disability

Committee to be conducted as soon as is reasonably practicable after the end

of the period of five years beginning with the date of the commencement for

25

all purposes of sections 8 and 10 in so far as they relate to disability.

58         

The following may not participate in the review (although those conducting

the review may seek views from any of the following)—

(a)   

a Commissioner or former Commissioner,

(b)   

staff or former staff of the Commission,

30

(c)   

a person who is or has been an Investigating Commissioner, and

(d)   

a person who is or has been a member of a committee established by

the Commission.

59         

The Commission shall ensure—

(a)   

that those conducting the review consult disabled persons and other

35

persons whom they think likely to have an interest,

(b)   

that those conducting the review submit a report to the Commission

which, in particular, recommends for how long the Disability

Committee should continue in existence, and

(c)   

that the report is published.

40

60         

As soon as is reasonably practicable after receiving a report under paragraph

59 the Commission shall recommend to the Secretary of State for how long

the Disability Committee should continue in existence.

 

 

Equality Bill [HL]
Schedule 2 — Inquiries, Investigations and Assessments

72

 

61         

As soon as is reasonably practicable after receiving a recommendation under

paragraph 60 the Secretary of State shall by order—

(a)   

dissolve the Disability Committee with effect from such time as shall

be specified in the order, and

(b)   

repeal this Part of this Schedule with effect from that time.

5

62         

An order under paragraph 61 may include provision about—

(a)   

the conduct of the business of the Disability Committee before its

dissolution;

(b)   

the conduct of the Commission after the dissolution of the Disability

Committee in relation to functions formerly delegated to that

10

committee.

63         

The dissolution of the Disability Committee is without prejudice to any

power of the Commission under this Schedule—

(a)   

to establish a committee, or

(b)   

to delegate to a committee.

15

64         

The Disability Committee may not be dissolved under paragraph 14(c).

Schedule 2

Sections 16, 20 and 32

 

Inquiries, Investigations and Assessments

Introduction

1          

This Schedule applies to—

20

(a)   

inquiries under section 16,

(b)   

investigations under section 20, and

(c)   

assessments under section 32.

Terms of reference

2          

Before conducting an inquiry the Commission shall—

25

(a)   

publish the terms of reference of the inquiry in a manner that the

Commission thinks is likely to bring the inquiry to the attention of

persons whom it concerns or who are likely to be interested in it, and

(b)   

in particular, give notice of the terms of reference to any persons

specified in them.

30

3          

Before conducting an investigation the Commission shall—

(a)   

prepare terms of reference specifying the person to be investigated

and the nature of the unlawful act which the Commission suspects,

(b)   

give the person to be investigated notice of the proposed terms of

reference,

35

(c)   

give the person to be investigated an opportunity to make

representations about the proposed terms of reference,

(d)   

consider any representations made, and

(e)   

publish the terms of reference once settled.

4          

Before conducting an assessment of a person’s compliance with a duty the

40

Commission shall—

 

 

 
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Revised 9 December 2005