|
| |
|
(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. |
| |
| |
6 (1) | The Commission shall make arrangements for giving persons an |
| 10 |
opportunity to make representations in relation to inquiries, investigations |
| |
| |
(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 |
| |
(a) | made neither by nor on behalf of a person specified in the terms of |
| |
| |
(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. |
| |
| |
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; |
| |
| |
(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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(b) | is likely to fail without reasonable excuse to comply with a notice |
| 15 |
| |
(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 |
| |
| |
(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 |
| |
(a) | to disclose sensitive information within the meaning of paragraph 4 |
| |
of Schedule 3 to the Intelligence Services Act 1994 (c. 13) (Intelligence |
| |
| |
(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 |
| |
| 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 |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
15 | The Commission shall publish a report of its findings on an inquiry, |
| |
investigation or assessment. |
| |
| 35 |
16 (1) | The Commission may make recommendations— |
| |
(a) | as part of a report of an inquiry, investigation or assessment under |
| |
| |
(b) | in respect of a matter arising in the course of an inquiry, investigation |
| |
| 40 |
(2) | A recommendation may be addressed to any class of person. |
| |
| |
17 (1) | A court or tribunal— |
| |
(a) | may have regard to a finding of the report of an inquiry, |
| |
investigation or assessment, but |
| 45 |
|
| |
|
| |
|
(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. |
| |
| |
19 | An inquiry, investigation or assessment may not question (whether |
| 5 |
expressly or by necessary implication) the findings of a court or tribunal. |
| |
| |
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 |
| |
| |
(2) | In this paragraph “intelligence service” has the same meaning as in |
| |
| |
| 15 |
| |
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 |
| |
| |
(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 |
| |
| |
(2) | In Part II of Schedule 1 (bodies of which all members are disqualified) omit |
| 35 |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 10 |
(2) | In Part II of Schedule 1 (bodies of which all members are disqualified) omit |
| |
| |
(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, |
| |
| |
(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 |
| |
(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 |
| |
| 30 |
“(2) | Proceedings in respect of a contravention of subsection (1) may be |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
13 | Section 75 (assistance by Equal Opportunities Commission) shall cease to |
| |
| |
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 |
| |
| 10 |
(4) | Subsections (3) and (4) shall cease to have effect. |
| |
(5) | In subsection (5) for “complaint, claim or application” substitute “complaint |
| |
| |
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 |
| |
| |
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)— |
| |
| |
(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 |
| |
| |
(i) | after “this Act” omit the words “a non-discrimination notice |
| |
| 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 |
| |
| |
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”. |
| |
|
| |
|
| |
|
23 | At the end of section 29 (discriminatory advertisements) add— |
| |
“(6) | Proceedings in respect of a contravention of subsection (1) may be |
| |
| |
(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 |
| |
| |
“(2) | Proceedings in respect of a contravention of subsection (1) may be |
| |
| |
(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 |
| |
| |
(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 |
| |
| 20 |
29 (1) | Section 68 (timing of proceedings) shall be amended as follows. |
| |
(2) | Subsection (3) shall cease to have effect. |
| |
| |
(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 |
| |
| |
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. |
| |
|
| |
|