|
| |
|
31 | In allocating its resources the Commission shall ensure that the Wales |
| |
Committee receives a share sufficient to enable it to exercise its functions. |
| |
| |
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 |
| |
| |
(3) | The matters addressed by an annual report shall, in particular, include the |
| |
Commission’s activities in relation to— |
| 10 |
| |
| |
(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 |
| |
33 | The validity of proceedings of the Commission shall not be affected by— |
| |
(a) | a vacancy (whether for Commissioner, Chairman, deputy Chairman |
| |
| |
(b) | a defect in relation to an appointment. |
| 25 |
34 | The validity of proceedings of a committee of the Commission shall not be |
| |
| |
(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 |
| |
| |
| |
35 (1) | The Commission may pay to the Chairman, a deputy Chairman or another |
| |
| 35 |
(a) | such remuneration as the Secretary of State may determine, and |
| |
(b) | such travelling and other allowances as the Secretary of State may |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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— |
| |
| |
| |
| 10 |
| |
(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 |
| |
| 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— |
| |
| |
| 25 |
| |
(2) | This paragraph does not apply in relation to a person who is a member of |
| |
| |
(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. |
| |
| |
39 | The Commission may make a charge for a service provided under section 13 |
| 35 |
| |
| |
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. |
| |
|
| |
|
| |
|
(2) | The Commission shall send a copy of a statement under sub-paragraph |
| |
| |
(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 |
| |
| 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. |
| |
| |
41 (1) | The financial year of the Commission shall be the period of 12 months |
| 15 |
| |
(2) | But the first financial year of the Commission shall be the period— |
| |
(a) | beginning with the coming into force of section 1, and |
| |
| |
(i) | the following 31st March, if that section comes into force on |
| 20 |
| |
(ii) | the second following 31st March, in any other case. |
| |
| |
| |
| 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 |
| |
| |
| |
| 35 |
| |
| |
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 |
|
| |
|
| |
|
| |
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 |
| |
| |
| “The Commission for Equality and Human Rights.” |
| 5 |
(2) | In Part III of that Schedule (other disqualifying offices) at the appropriate |
| |
| |
| “Investigating Commissioner of, or member of a decision- |
| |
making committee of, the Commission for Equality and |
| |
| 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 |
| |
| “Investigating Commissioner of, or member of a decision- |
| |
making committee of, the Commission for Equality and |
| |
| |
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. |
| |
| |
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 |
| |
| “The Commission for Equality and Human Rights.” |
| |
| |
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.” |
| |
| |
| |
| |
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). |
| |
|
| |
|
| |
|
| |
50 (1) | The Commission shall ensure that— |
| |
(a) | there are not less than 7 or more than 9 members of the Disability |
| |
| |
(b) | at least one half of the members are (or have been) disabled persons, |
| 5 |
| |
(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 |
| |
| |
| |
(b) | dismissal in accordance with the terms of appointment, and |
| |
(c) | the lapsing of the appointment upon the dissolution of the |
| 15 |
| |
| |
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— |
| |
| |
(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 |
| |
| |
(v) | section 19, in so far as it relates to disability, |
| |
| |
| 30 |
| |
(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 |
| |
| 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) |
| |
| |
|
| |
|
| |
|
(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). |
| |
| |
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 |
| |
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 |
| |
| |
(2) | The Commission shall incorporate each report of the Disability Committee |
| 20 |
under sub-paragraph (1) into the relevant annual report of the Commission. |
| |
| |
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 |
| |
| |
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. |
| |
|
| |
|
| |
|
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 |
| |
| |
(b) | the conduct of the Commission after the dissolution of the Disability |
| |
Committee in relation to functions formerly delegated to that |
| 10 |
| |
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). |
| |
| |
| |
Inquiries, Investigations and Assessments |
| |
| |
1 | This Schedule applies to— |
| 20 |
(a) | inquiries under section 16, |
| |
(b) | investigations under section 20, and |
| |
(c) | assessments under section 32. |
| |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
|
| |
|