Equality Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Schedule 2 — Inquiries, Investigations and Assessments
73

(a)
prepare terms of reference,
(b)
give the person notice of the proposed terms of reference,
(c)
give the person an opportunity to make representations about the
proposed terms of reference,
(d)
consider any representations made, and
5
(e)
publish the terms of reference once settled.
5
Paragraphs 2 to 4 shall apply in relation to revised terms of reference as they
apply in relation to original terms of reference.
Representations
6     (1)
The Commission shall make arrangements for giving persons an
10
opportunity to make representations in relation to inquiries, investigations
and assessments.
      (2)
In particular, in the course of an investigation, inquiry or assessment the
Commission must give any person specified in the terms of reference an
opportunity to make representations.
15
7
Arrangements under paragraph 6 may (but need not) include arrangements
for oral representations.
8     (1)
The Commission shall consider representations made in relation to an
inquiry, investigation or assessment.
      (2)
But the Commission may, where they think it appropriate, refuse to consider
20
representations—
(a)
made neither by nor on behalf of a person specified in the terms of
reference, or
(b)
made on behalf of a person specified in the terms of reference by a
person who is not a barrister, an advocate or a solicitor.
25
      (3)
If the Commission refuse to consider representations in reliance on sub-
paragraph (2) they shall give the person who makes them written notice of
the Commission’s decision and the reasons for it.
Evidence
9
In the course of an inquiry, investigation or assessment the Commission may
30
give a notice under this paragraph to any person.
10    (1)
A notice given to a person under paragraph 9 may require him—
(a)
to provide information in his possession,
(b)
to produce documents in his possession, or
(c)
to give oral evidence.
35
      (2)
A notice under paragraph 9 may include provision about—
(a)
the form of information, documents or evidence;
(b)
timing.
      (3)
A notice under paragraph 9—
(a)
may not require a person to provide information that he is prohibited
40
from disclosing by virtue of an enactment,

Equality Bill [HL]
Schedule 2 — Inquiries, Investigations and Assessments
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(b)
may not require a person to do anything that he could not be
compelled to do in proceedings before the High Court or the Court
of Session, and
(c)
may not require a person to attend at a place unless the Commission
undertakes to pay the expenses of his journey.
5
11
The recipient of a notice under paragraph 9 may apply to a county court (in
England and Wales) or to the sheriff (in Scotland) to have the notice
cancelled on the grounds that the requirement imposed by the notice is—
(a)
unnecessary having regard to the purpose of the inquiry,
investigation or assessment to which the notice relates, or
10
(b)
otherwise unreasonable.
12    (1)
Sub-paragraph (2) applies where the Commission thinks that a person—
(a)
has failed without reasonable excuse to comply with a notice under
paragraph 9, or
(b)
is likely to fail without reasonable excuse to comply with a notice
15
under paragraph 9.
      (2)
The Commission may apply to a county court (in England and Wales) or to
the sheriff (in Scotland) for an order requiring a person to take such steps as
may be specified in the order to comply with the notice.
13    (1)
A person commits an offence if without reasonable excuse he—
20
(a)
fails to comply with a notice under paragraph 9 or an order under
paragraph 12(2),
(b)
falsifies anything provided or produced in accordance with a notice
under paragraph 9 or an order under paragraph 12(2), or
(c)
makes a false statement in giving oral evidence in accordance with a
25
notice under paragraph 9.
      (2)
A person who is guilty of an offence under this paragraph shall be liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
14    (1)
Where a person is given a notice under paragraph 9 he shall disregard it, and
notify the Commission that he is disregarding it, in so far as he thinks it
30
would require him—
(a)
to disclose sensitive information within the meaning of paragraph 4
of Schedule 3 to the Intelligence Services Act 1994 (c. 13) (Intelligence
and Security Committee),
(b)
to disclose information which might lead to the identification of an
35
employee or agent of an intelligence service (other than one whose
identity is already known to the Commission),
(c)
to disclose information which might provide details of processes
used in recruiting, selecting or training employees or agents of an
intelligence service,
40
(d)
to disclose information which might provide details of, or cannot
practicably be separated from, information falling within any of
paragraphs (a) to (c), or
(e)
to make a disclosure of information relating to an intelligence service
which would prejudice the interests of national security.
45
      (2)
In sub-paragraph (1) “intelligence service” means—
(a)
the Security Service,
(b)
the Secret Intelligence Service, and

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Schedule 2 — Inquiries, Investigations and Assessments
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(c)
the Government Communications Headquarters.
      (3)
Where in response to a notice under paragraph 9 a person gives a notice to
the Commission under sub-paragraph (1) above—
(a)
paragraphs 13 and 14 shall not apply in relation to that part of the
notice under paragraph 9 to which the notice under sub-paragraph
5
(1) above relates,
(b)
the Commission may apply to the tribunal established by section 65
of the Regulation of Investigatory Powers Act 2000 (c. 23) for an
order requiring the person to take such steps as may be specified in
the order to comply with the notice,
10
(c)
the following provisions of that Act shall apply in relation to
proceedings under this paragraph as they apply in relation to
proceedings under that Act (with any necessary modifications)—
(i)
section 67(7), (8) and (10) to (12) (determination),
(ii)
section 68 (procedure), and
15
(iii)
section 69 (rules), and
(d)
the tribunal shall determine proceedings under this paragraph by
considering the opinion of the person who gave the notice under
sub-paragraph (1) above in accordance with the principles that
would be applied by a court on an application for judicial review of
20
the giving of the notice.
      (4)
Where the Commission receives information or documents from or relating
to an intelligence service in response to a notice under paragraph 9, the
Commission shall store and use the information or documents in accordance
with any arrangements specified by the Secretary of State.
25
      (5)
The recipient of a notice under paragraph 9 may apply to the High Court (in
England and Wales) or the Court of Session (in Scotland) to have the notice
cancelled on the grounds that the requirement imposed by the notice is
undesirable for reasons of national security, other than for the reason that it
would require a disclosure of a kind to which sub-paragraph (1) above
30
applies.
Reports
15
The Commission shall publish a report of its findings on an inquiry,
investigation or assessment.
Recommendations
35
16    (1)
The Commission may make recommendations—
(a)
as part of a report of an inquiry, investigation or assessment under
paragraph 15, or
(b)
in respect of a matter arising in the course of an inquiry, investigation
or assessment.
40
      (2)
A recommendation may be addressed to any class of person.
Effect of report
17    (1)
A court or tribunal—
(a)
may have regard to a finding of the report of an inquiry,
investigation or assessment, but
45

Equality Bill [HL]
Schedule 3 — Amendments Consequential on Part 1
76

(b)
shall not treat it as conclusive.
18
A person to whom a recommendation in the report of an inquiry,
investigation or assessment is addressed shall have regard to it.
Courts and tribunals
19
An inquiry, investigation or assessment may not question (whether
5
expressly or by necessary implication) the findings of a court or tribunal.
Intelligence services
20    (1)
An inquiry may not consider—
(a)
whether an intelligence service has acted (or is acting) in a way
which is incompatible with a person’s human rights, or
10
(b)
other matters concerning human rights in relation to an intelligence
service.
      (2)
In this paragraph “intelligence service” has the same meaning as in
paragraph 14.
Schedule 3
15
Section 41

Amendments Consequential on Part 1
Public Records Act 1958 (c. 51)
1
In Schedule 1 to the Public Records Act 1958 (definition of public records)
omit the reference to the Disability Rights Commission.
Parliamentary Commissioner Act 1967 (c. 13)
20
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments,
&c. subject to investigation) omit the references to—
(a)
the Commission for Racial Equality,
(b)
the Disability Rights Commission, and
(c)
the Equal Opportunities Commission.
25
Superannuation Act 1972 (c. 11)
3
In Schedule 1 to the Superannuation Act 1972 (employments) omit the
references to—
(a)
the Commission for Racial Equality,
(b)
the Disability Rights Commission, and
30
(c)
the Equal Opportunities Commission.
House of Commons Disqualification Act 1975 (c. 24)
4     (1)
The House of Commons Disqualification Act 1975 shall be amended as
follows.
      (2)
In Part II of Schedule 1 (bodies of which all members are disqualified) omit
35
the references to—

Equality Bill [HL]
Schedule 3 — Amendments Consequential on Part 1
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(a)
the Commission for Racial Equality,
(b)
the Disability Rights Commission, and
(c)
the Equal Opportunities Commission.
      (3)
In Part III of Schedule 1 (disqualifying offices) omit the references to—
(a)
Additional Commissioner of the Commission for Racial Equality,
5
and
(b)
Additional Commissioner of the Equal Opportunities Commission.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5     (1)
The Northern Ireland Assembly Disqualification Act 1975 shall be amended
as follows.
10
      (2)
In Part II of Schedule 1 (bodies of which all members are disqualified) omit
the references to—
(a)
the Commission for Racial Equality,
(b)
the Disability Rights Commission, and
(c)
the Equal Opportunities Commission.
15
      (3)
In Part III of Schedule 1 (disqualifying offices) omit the references to—
(a)
Additional Commissioner of the Commission for Racial Equality,
and
(b)
Additional Commissioner of the Equal Opportunities Commission.
Sex Discrimination Act 1975 (c. 65)
20
6
The Sex Discrimination Act 1975 shall be amended as follows.
7
In section 37(3) (discriminatory practices) for “sections 67 to 71 of this Act”
substitute “sections 20 to 24 of the Equality Act 2005”.
8
At the end of section 38 (discriminatory advertisements) add—
“(6)
Proceedings in respect of a contravention of subsection (1) may be
25
brought only—
(a)
by the Commission, and
(b)
in accordance with section 25 of the Equality Act 2005.”
9
At the end of section 39 (instructions to discriminate (which becomes
subsection (1))) add—
30
“(2)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
(b)
in accordance with section 25 of the Equality Act 2005.”
10
At the end of section 40 (pressure to discriminate) add—
35
“(3)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
(b)
in accordance with section 25 of the Equality Act 2005.”
11
Part VI (the Equal Opportunities Commission) shall cease to have effect.
40
12
Sections 67 to 73 (enforcement) shall cease to have effect.

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Schedule 3 — Amendments Consequential on Part 1
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13
Section 75 (assistance by Equal Opportunities Commission) shall cease to
have effect.
14    (1)
Section 76 (timing of proceedings) shall be amended as follows.
      (2)
In subsection (2A) for “two months.” substitute “three months.”
      (3)
After subsection (2B) insert—
5
“(2C)
The period allowed by subsection (2)(a) or (b) shall be extended by
three months in the case of a dispute which is referred for
conciliation in pursuance of arrangements under section 27 of the
Equality Act 2005 (unless the period is extended under subsection
(2A)).”
10
      (4)
Subsections (3) and (4) shall cease to have effect.
      (5)
In subsection (5) for “complaint, claim or application” substitute “complaint
or claim”.
15
Section 76D (public authorities: enforcement) (inserted by section 85 of this
Act) shall cease to have effect.
15
16
Section 76E (codes of practice) (inserted by section 86 of this Act) shall cease
to have effect.
17
In section 81 (orders)—
(a)
in subsection (1) omit the words “and 59(2)”, and
(b)
in subsection (2) omit the words “, 59(2)”.
20
18
In section 82 (interpretation)—
(a)
in subsection (1)—
(i)
in the definition of “the Commission”, for “Equal
Opportunities Commission” substitute “Commission for
Equality and Human Rights”, and
25
(ii)
omit the definitions of “formal investigation” and “non-
discrimination notice”, and
(b)
in subsection (4)—
(i)
after “this Act” omit the words “a non-discrimination notice
or”,
30
(ii)
after “the appeal against the” omit the words “notice or”, and
(iii)
omit the words from “and for this purpose” to the end.
19
In Schedule 2 (education admissions: transitional exemption)—
(a)
in paragraph 5(1) for “Equal Opportunities Commission set up
under Part VI” substitute “the Commission”, and
35
(b)
in paragraph 6 for “Equal Opportunities Commission” substitute
“the Commission”.
20
Schedule 3 (Equal Opportunities Commission) shall cease to have effect.
Race Relations Act 1976 (c. 74)
21
The Race Relations Act 1976 shall be amended as follows.
40
22
In section 28(3) (discriminatory practices), for “sections 58 to 62” substitute
“sections 20 to 24 of the Equality Act 2005”.

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Schedule 3 — Amendments Consequential on Part 1
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23
At the end of section 29 (discriminatory advertisements) add—
“(6)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
(b)
in accordance with section 25 of the Equality Act 2005.”
5
24
At the end of section 30 (instructions to discriminate, &c. (which becomes
subsection (1))) add—
“(2)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
10
(b)
in accordance with section 25 of the Equality Act 2005.”
25
At the end of section 31 (pressure to discriminate, &c.) add—
“(3)
Proceedings in respect of a contravention of subsection (1) may be
brought only—
(a)
by the Commission, and
15
(b)
in accordance with section 25 of the Equality Act 2005.”
26
Part VII (Commission for Racial Equality) shall cease to have effect.
27
Sections 58 to 64 (enforcement) shall cease to have effect.
28
Section 66 (assistance by Commission for Racial Equality) shall cease to have
effect.
20
29    (1)
Section 68 (timing of proceedings) shall be amended as follows.
      (2)
Subsection (3) shall cease to have effect.
      (3)
In subsection (3A)—
(a)
omit paragraph (c), and
(b)
for “two months.” substitute “three months.”
25
      (4)
After subsection (3B) insert—
“(3C)
The period allowed by subsection (2)(a) shall be extended by three
months in the case of a dispute which is referred for conciliation in
pursuance of arrangements under section 27 of the Equality Act 2005
(unless it is extended under subsection (3A)).”
30
      (5)
Subsections (4) and (5) shall cease to have effect.
      (6)
In subsection (6) for “complaint, claim or application” substitute “complaint
or claim”.
30
Section 71C (codes of practice) shall cease to have effect.
31
Sections 71D and 71E (general public authority duty: compliance notice)
35
shall cease to have effect.
32
In section 74 (orders and regulations)—
(a)
in subsection (1) omit the words “(except section 50(2)(a))”,
(b)
in subsection (2) for “(except sections 50(2)(a) and 73(1))” substitute
“(except section 73(1))”, and
40
(c)
subsection (5) shall cease to have effect.